Law reports in appeal papers
Employment Appeal Tribunal
“When lodging copies of authorities for the purposes of an appeal to the appeal tribunal, parties should ensure that where cases had been reported, those reports were copied in the bundle of authorities.”
The Times, 11th October 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.
Divorce pending appeal valid
“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”
The Times, 4th October 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.
Change-of-law appeals should not be referred
Regina v Cottrell; Regina v Fletcher
Court of Appeal (Criminal Division)
“Where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law, the Criminal Cases Review Commission should not normally refer a conviction.”
The Times, 5th September 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.
“The attorney general is considering appealing against the non-custodial sentence of a paedophile who admitted his crimes.”
BBC News, 24th August 2007
Source: www.bbc.co.uk
“The Criminal Procedure Rule Committee has made new rules for appeals to the Court of Appeal and about applications to change a guilty plea. The new rules will come into force on 1 October 2007.”
Ministry of Justice, 21st August 2007
Source: www.justice.gov.uk
R v Cottrell; R v Fletcher [2007] EWCA Crim 2016
“The Criminal Cases Review Commission should not normally refer a conviction where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law.”
WLR Daily, 2nd August 2007
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.
Family jurisdiction role of the Court of Appeal explained
In re W (Children) (Permission to appeal)
Court of Appeal
“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”
The Times, 2nd August 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
Challenge to bias must be made immediately
Steadman-Byrne v Amjad and Others
Court of Appeal
“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”
The Times, 30th July 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.
In re W (Children) (Permission to appeal)
“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”
WLR Daily, 26th July 2007
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.
“Two teenage brothers convicted of the manslaughter of schoolboy Damilola Taylor have lost appeals against their sentences of eight years’ detention.”
Daily Telegraph, 4th July 2007
Source: www.telegraph.co.uk
“Two brothers jailed for killing schoolboy Damilola Taylor are to seek permission from the High Court to appeal against their conviction.”
BBC News, 4th July 2007
Source: www.bbc.co.uk
“The Libyan intelligence agent convicted of the Lockerbie bombing has been granted a second appeal after an independent commission ruled yesterday that his conviction was unsafe.”
Daily Telegraph, 29th June 2007
Source: www.telegraph.co.uk
Advocates must respect privilege
Wilson v. Jaymarke Estates Ltd.
House of Lords
“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”
The Times, 28th June 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.
Jaffray and ors v. Society of Lloyd’s [2007] EWCA Civ 586
“The question whether the Court of Appeal had jurisdiction to reopen a case which had been before it already but where there was now an allegation of fraud, as opposed to a claim of bias by the court, was arguably moot notwithstanding ostensible authority that no such jurisdiction existed.”
WLR Daily, 20th June 2007
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.
“Barry George, the disturbed loner who is serving life for the murder of the television presenter Jill Dando, has won the right to a new appeal, The Daily Telegraph can disclose.”
Daily Telegraph, 19th June 2007
Source: www.telegraph.co.uk
“Ian Norris, the former chief executive of Morgan Crucible who is fighting extradition to the US on price-fixing charges, was thrown a lifeline today as the UK’s highest court agreed to consider his case.”
The Times, 7th June 2007
Source: www.timesonline.co.uk
Appeal still available
Wolverhampton City Council v. Special Educational Needs and Disabilty Tribunal and Another
Queen’s Bench Division
“Where, even though a local authority’s educational responsibility for a child had lapsed, the council had made a decision to end the statementing of a child then that decision was open to appeal.”
The Times, 25th May 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.
Secretary of State for Defence v. Pensions Appeal Tribunal
“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”
WLR Daily, 18th May 2007
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.
Applicant free not to pursue appeal to House of Lords
Regina (Jones) v. Ceredigion County Council (No. 2)
House of Lords
“Where the House of Lords gave an applicant for a leapfrog appeal from the High Court permission to appeal on terms as to the issues which could be argued or as to costs, it was open to that applicant to decline to proceed and instead to pursue an appeal before the Court of Appeal.”
The Times, 24th May 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.
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