appeals – Page 339 – Current Awareness

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) – WLR Daily

Posted February 1st, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

9/11 accused loses final bid for freedom – The Times

Posted January 30th, 2008 in appeals, news, terrorism by sally

“A Moroccan man accused of links with al-Qaeda and involvement in the 9/11 and Madrid attacks will remain in custody after losing his appeal at the House of Lords.”

The Times, 30th January 2008

Source: www.timesonline.co.uk

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport – Times Law Reports

Posted January 29th, 2008 in appeals, law reports, Transport Tribunal by sally

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport

Court of Appeal

“In order to appeal to the Court of Appeal from the Transport Tribunal it was not necessary to obtain permission to appeal although the appeal had to be on a point of law.”

The Times, 29th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Freedom Of Information: The right to know about history but not current affairs – The Independent

Posted January 26th, 2008 in appeals, freedom of information, special report by sally

“Requests for politically embarrassing material have been made harmless in the slow appeals system. Robert Verkaik, Law Editor, considers cases now looking distinctly dusty.”

The Independent, 25th January 2008

Source: www.independent.co.uk

Welsh Ministers v Care Standards Tribunal and another – WLR Daily

Posted January 25th, 2008 in appeals, care homes, law reports, tribunals by sally

Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8

“The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”

WLR Daily, 25th January 2008

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Death row Scot ‘to be released’ – BBC News

Posted January 7th, 2008 in appeals, death penalty, news by sally

“A Scottish man who has spent 20 years on death row in America is set to attend an appeal hearing which should see him return to the UK immediately.”

BBC News, 7th January 2008

Source: www.bbc.co.uk

Sharon Beshenivsky killers denied sentence cut – Daily Telegraph

Posted December 17th, 2007 in appeals, murder, sentencing by sally

“Two men jailed for life for shooting a policewoman to death today failed to win a cut in their 35-year minimum sentences.”

Daily Telegraph, 17th December 2007

Source: www.telegraph.co.uk

Secretary of State for the Home Department v AF (No 2) – Times Law Reports

Posted December 17th, 2007 in appeals, control orders, law reports by sally

Secretary of State for the Home Department v AF (No 2)

Queen’s Bench Division

“A judge who had decided that the making of a nonderogating control order was flawed was not for that reason disqualified from reconsidering the case when it was remitted after a successful appeal.”

The Times, 17th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Manslaughter verdicts quashed for boys who stoned pensioner – The Times

Posted December 14th, 2007 in appeals, homicide, news, young offenders by sally

“Five young boys who were convicted of causing a pensioner’s death by pelting him with stones had their convictions for manslaughter overturned yesterday.”

The Times, 14th December 2007

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division) reaches first century in healthy state – Judiciary of England and Wales

Posted December 11th, 2007 in appeals, courts, reports by sally

“The latest annual review of the Court of Appeal (Criminal Divison) coincides with the centenary of the court. Perhaps to fittingly illustrate the continuing value and relevance of the court, there has been a rise in both appeals against conviction and sentence in the past year.”

Judiciary of England and Wales, 10th December 2007

Source: www.judiciary.gov.uk

Related link: Court of Appeal (Criminal Division): review of the legal year 2006/2007 (PDF)

‘Lady in Lake’ killer to appeal – BBC News

Posted December 6th, 2007 in appeals, murder, news by sally

“A man found guilty of the ‘Lady in the Lake’ murder of his wife is to appeal against his conviction.”

BBC News, 6th December 2007

Source: www.bbc.co.uk

Child killer Allitt’s tariff set – BBC News

Posted December 6th, 2007 in appeals, murder, news, sentencing by sally

“Killer nurse Beverly Allitt, jailed for life for murdering four children and attacking nine others, has had her minimum tariff fixed at 30 years.”

BBC News, 6th December 2007

Source: www.bbc.co.uk

‘Angel of death’ gets appeal date – BBC News

Posted November 27th, 2007 in appeals, murder, news, sentencing by sally

“The convicted child killer Beverly Allitt has been given a date for an appeal against her sentence.”

BBC News, 26th November 2007

Source: www.bbc.co.uk

In re DLP Ltd – WLR Daily

Posted November 21st, 2007 in appeals, law reports, patents by sally

In re DLP Ltd [2007] EWHC 2669 (Pat)

“It was the intention of s 74B of the Patents Act 1977 and r 77K of the Patents Rules 1995 that an appeal should lie as of right where it related to part of an opinion issued by the Comptroller, pursuant to s 74A of the Patents Act 1977, which had not been set aside by a hearing officer on review.”

WLR Daily, 20th November 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jailed Asian officer to be cleared – The Guardian

Posted November 19th, 2007 in appeals, news, police, race discrimination, theft by sally

“An Asian police officer who claims his colleagues framed him for theft after he sued his force for racism is to have his criminal conviction quashed today.”

The Guardian, 19th November 2007

Source: www.guardian.co.uk

George’s Dando appeal ruling due – BBC News

Posted November 15th, 2007 in appeals, murder, news by sally

“Barry George is due to learn if an appeal against his conviction for the murder of BBC TV presenter Jill Dando in 1999 has been successful.”

BBC News, 15th November 2007

Source: www.bbc.co.uk

Warning to media at Dando appeal reopens debate on court coverage – The Guardian

Posted November 12th, 2007 in appeals, media, murder, news by sally

“At the start of the appeal last week into the conviction of Barry George for the murder of Jill Dando, the lord chief justice fired a broadside at those who sought to influence the outcome of the hearing in either direction.”

The Guardian, 12th November 2007

Source: www.guardian.co.uk

Appeal judges defer decision in Dando case – The Guardian

Posted November 8th, 2007 in appeals, murder, news by sally

“The family and supporters of Barry George, the man convicted of murdering the television presenter Jill Dando, said yesterday that they were ‘hopeful’ his conviction would be quashed. The court of appeal reserved its judgment yesterday but indicated that a decision would be made before the end of the month.”

The Guardian, 8th November 2007

Source: www.guardian.co.uk

Dando killer begins new bid for freedom – The Times

Posted November 5th, 2007 in appeals, murder, news by sally

“Barry George, the man convicted of shooting the television presenter Jill Dando in the head at close range eight years ago will begin his latest attempt to overturn his conviction today.”

The Times, 5th November 2007

Source: www.timesonline.co.uk

Gay couple adoption appeal lost – BBC News

Posted November 1st, 2007 in adoption, appeals, homosexuality, magistrates, news by sally

“An ex-magistrate who says he was forced to resign because he would not place children for adoption with gay couples has lost his appeal.”

BBC News, 31st October 2007

Source: www.bbc.co.uk

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