Category: appeals

Dudley mum’s legal fight over autistic son’s conviction – BBC News

Posted January 10th, 2022 in appeals, autism, deportation, disability discrimination, disabled persons, imprisonment, Jamaica, joint enterprise, miscarriage of justice, news, robbery, sentencing by sally

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

‘Gay cake’ row: man loses seven-year battle against Belfast bakery – The Guardian

Posted January 10th, 2022 in appeals, Christianity, equality, food, freedom of expression, homosexuality, human rights, news, Northern Ireland, references to European Court, sexual orientation discrimination by sally

‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’

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The Guardian, 6th January 2022

Source: www.theguardian.com

Ashers ‘gay cake’ case: European court rules case inadmissible – BBC News

Posted January 7th, 2022 in appeals, Christianity, food, homosexuality, human rights, news, Northern Ireland, references to European Court, sexual orientation discrimination by michael

‘A gay rights activist has lost a seven-year discrimination dispute over a cake order as the European Court of Human Rights ruled his case inadmissible.’

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BBC News, 6th January 2022

Source: www.bbc.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

Posted January 7th, 2022 in appeals, care orders, children, coronavirus, costs, disabled persons, families, family courts, fostering, local government, news, third parties, vaccination by sally

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Appeal judges shut door on single-stage flight claims – Legal Futures

Posted January 5th, 2022 in airlines, appeals, compensation, delay, EC law, interpretation, news by sally

‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’

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Legal Futures, 5th January 2022

Source: www.legalfutures.co.uk

Climate lawyer loses supreme court appeal over Heathrow leak – The Guardian

Posted December 21st, 2021 in airports, appeals, barristers, climate change, contempt of court, costs, disclosure, environmental protection, fines, news, Supreme Court by sally

‘A lawyer and climate campaigner who leaked the result of a supreme court ruling on the Heathrow airport expansion has lost an appeal against a contempt of court finding.’

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The Guardian, 20th December 2021

Source: www.theguardian.com

New Judgment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

Posted December 21st, 2021 in airports, appeals, barristers, climate change, contempt of court, costs, disclosure, environmental protection, fines, jurisdiction, news, Supreme Court by sally

‘The court unanimously dismissed this appeal concerning whether the Supreme Court was wrong to decide that the appellant’s disclosure of the result of the Heathrow appeal, in breach of an embargo on the Court’s judgment, constituted a contempt of court. Furthermore, did the Court then wrongly impose a fine of £5,000 on the appellant, and wrongly order him to pay the respondent’s costs in the sum of £15,000?’

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UKSC Blog, 20th December 2021

Source: ukscblog.com

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

Posted December 21st, 2021 in appeals, armed forces, human rights, judicial review, news, Northern Ireland, police, statutory duty, unlawful killing by sally

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

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UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

Harry Miller: Legal victory after alleged transphobic tweets – BBC News

Posted December 21st, 2021 in appeals, codes of practice, freedom of expression, gender, hate crime, human rights, news, police, transgender persons by sally

‘An ex-police officer has won a legal challenge against a national policy for forces to record gender-critical views as non-crime “hate incidents”.’

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BBC News, 20th December 2021

Source: www.bbc.co.uk

Disbarred barrister loses bid to practise pending appeal – Law Society Gazette

Posted December 17th, 2021 in appeals, barristers, community service, council tax, Criminal Cases Review Commission, deceit, disciplinary procedures, fraud, news, professional conduct by michael

‘A barrister who was disbarred after she was convicted for council tax fraud and found to have lied to an appellate court has lost a bid to continue practising pending an appeal.’

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Law Society Gazette, 17th December 2021

Source: www.lawgazette.co.uk

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Sentence increased for ex-boyfriend who threw acid in junior doctor’s face – The Independent

Posted December 16th, 2021 in appeals, grievous bodily harm, guilty pleas, news, sentencing by sally

‘A jealous ex-boyfriend who left a junior doctor with devastating injuries after hurling sulphuric acid in her face has had his jail sentence increased.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Gender-neutral passports: Campaigner Christie Elan-Cane loses Supreme Court case – BBC News

Posted December 15th, 2021 in appeals, gender, government departments, human rights, news, passports, Supreme Court by sally

‘A campaigner has lost a Supreme Court case challenging the government’s refusal to issue gender neutral passports.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Leasehold assortment – Nearly Legal

Posted December 15th, 2021 in appeals, county courts, enforcement, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Appeal judges consider legal row over Silverdale ‘stink’ landfill site – The Independent

Posted December 15th, 2021 in appeals, children, environmental health, hazardous substances, health, news, waste by sally

‘Appeal judges are considering a legal fight centred on a landfill site which locals say gives off noxious gases and stinks.’

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The Independent, 14th December 2021

Source: www.independent.co.uk

Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal – Courts & Tribunals Judiciary

Posted December 15th, 2021 in appeals, citations, employment tribunals, judgments, practice directions by sally

‘This Practice Direction sets out the arrangements for the neutral citation of judgments of the Employment Appeal Tribunal (EAT) from 1 January 2022. It follows the practice of other jurisdictions including that of the Upper Tribunal.’

Full practice direction

Courts & Tribunals Judiciary, 14th December 2021

Source: www.judiciary.uk

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by sally

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Court of Appeal Revisits “Unduly Harsh” Test – EIN Blog

Posted December 14th, 2021 in appeals, deportation, families, human rights, news by sally

‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’

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EIN Blog, 13th December 2021

Source: www.ein.org.uk

USA successfully appeals Assange case – UK Human Rights Blog

Posted December 14th, 2021 in appeals, defence, extradition, news, suicide by sally

‘In Government of the United States v Julian Assange [2021] EWHC 3313 (Admin), the High Court allowed the appeal of the United States of America against the ruling of Westminster Magistrates’ Court, thereby permitting the extradition of the WikiLeaks founder to the US where he faces criminal charges relating to the unlawful obtaining and publication of classified defence and national security materials.’

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UK Human Rights Blog, 13th December 2021

Source: ukhumanrightsblog.com

Sentence increased for girl who admitted manslaughter in Olly Stephens case – The Independent

Posted December 10th, 2021 in appeals, children, homicide, imprisonment, news, sentencing, young offenders by michael

‘A 14-year-old girl who admitted manslaughter after a 13-year-old boy was knifed to death has had a custodial sentence increased by appeal judges.’

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The Independent, 10th December 2021

Source: www.independent.co.uk