In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily

Posted August 1st, 2012 in care orders, families, judgments, law reports, split hearings by sally

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog

Posted June 6th, 2012 in appeals, EC law, environmental protection, judgments, news, pollution by sally

“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”

Full story

UK Human Rights Blog, 5th June 2012

Source: www.ukhumanrightsblog.com

Julian Assange’s extradition stayed thanks to quick legal footwork – The Guardian

Posted May 30th, 2012 in appeals, extradition, judgments, news, Supreme Court, treaties by tracey

“Dinah Rose QC buys her client another two weeks – much to the supreme court’s embarrassment.”

Full story

The Guardian, 30th May 2012

Source: www.guardian.co.uk

Courtroom cameras ‘risk turning trials into a circus’ – The Independent

Posted March 29th, 2012 in courts, judgments, media, news by sally

“Plans to allow cameras into courtrooms would risk turning trials into media circuses and could jeopardise defendants’ safety, ministers were warned last night by a leading solicitor.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

Lord Neuberger’s seven principles empower judges to speak – The Guardian

Posted March 19th, 2012 in judgments, judiciary, ministers' powers and duties, news by sally

“What should judges be able say outside the courts? One of the most senior judges, Lord Neuberger, has proposed some principles for ‘extra-judicial’ statements. These are likely to shape judicial contributions to public debate for some time to come, but do they go far enough?”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

Judges issue guidelines for consideration of human trafficking – The Independent

Posted February 20th, 2012 in children, judgments, news, trafficking in human beings by sally

“The ‘evil’ crime of trafficking in human beings was highlighted by leading judges today.”

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The Independent, 20th February 2012

Source: www.independent.co.uk

Judgment reserved in Twitter airport threat appeal – The Guardian

Posted February 9th, 2012 in appeals, judgments, news, threatening to destroy or damage property by sally

“Two senior judges have retired to consider whether a Twitter message threatening to blow up a snowbound Doncaster airport was a joke or a menace to society.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

Are some rights to private life just not cricket? – Legal Week

Posted January 10th, 2012 in human rights, immigration, judgments, news, tribunals by sally

“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”

Full story

Legal Week, 10th January 2012

Source: www.legalweek.com

Cases in point – The Lawyer

Posted January 10th, 2012 in judgments, news by sally

“The top cases of 2011 show why London is still the centre of the litigation world – and why it is likely to stay that way.”

Full story

The Lawyer, 9th January 2012

Source: www.thelawyer.com

Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by tracey

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily

Posted December 5th, 2011 in family courts, judgments, law reports, news, reasons by sally

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) [2011] EWCA Civ 1205; [2011] WLR (D) 346

“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian

Posted October 27th, 2011 in human rights, judges, judgments, news, Supreme Court by sally

“The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

Transcripts Guide – revised edition

Posted October 25th, 2011 in judgments, law reports, news by sally

In February of this year the Inner Temple Library produced a revised edition of Transcripts of Judicial Proceedings in England and Wales: a guide to sources.

Since that edition was published a number of changes caused by the creation of Her Majesty’s Courts and Tribunals Service, and of the new government web portal, Justice, have affected the currency of some of the content. The information in the Guide has been updated, and is now, as far as possible, correct as at 1 July 2011.

More information can be found here.

Courts need not be bound by Europe, says top judge – Daily Telegraph

Posted October 20th, 2011 in human rights, judges, judgments, news, precedent by tracey

“Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

Full story

Daily Telegraph, 20th october 2011

Source: www.telegraph.co.uk

Independent schools can decide charitable status, says Tribunal – UK Human Rights Blog

Posted October 18th, 2011 in charities, Charity Commission, education, judgments, news by sally

” It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the ‘public benefit’ so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the ‘public benefit’ in the circumstances pertaining to their own institution.”

Full story

UK Human Rights Blog, 18th October 2011

Source: www.ukhumanrightsblog.com

Lady Hale leads panel making feminist readings of court judgments – The Lawyer

Posted October 18th, 2011 in diversity, judges, judgments, news, women by sally

“A panel of distinguished female lawyers and legal scholars gathered at Norton Rose’s InterLaw Diversity Forum event on Thursday 13 October to discuss judgments from a feminist lawyer’s point of view.”

Full story

The Lawyer, 17th October 2011

Source: www.thelawyer.com

The Carver merry-go-round and assorted other attractions – Zenith Chambers

Posted October 11th, 2011 in civil procedure rules, judgments, news, part 36 offers by sally

“New rules and developments in Part 36.”

Full story (PDF)

Zenith Chambers, 10th October 2011

Source: www.zenithchambers.co.uk

High Court rules computer simulations can obtain patent protection – OUT-LAW.com

Posted October 11th, 2011 in intellectual property, inventions, judgments, news, patents by sally

“Computer simulations of designs are not ‘unpatentable’ mental acts, the High Court has ruled.”

Full story

OUT-LAW.com, 11th October 2011

Source: www.out-law.com

Don’t throw the BAILII out with the bath water – UK Human Rights Blog

Posted September 27th, 2011 in judgments, law reports, news by sally

“The Guardian published an editorial today (26 September) arguing that court judgments should be opened up to the public. The editorial challenges the fact that BAILII, the charity which currently publishes most judgments online, is not searchable on Google.”

Full story

UK Human Rights Blog, 26th September 2011

Source: www.ukhumanrightsblog.com

Televised sentencing: a screen test for open justice – The Guardian

Posted September 6th, 2011 in courts, judgments, media, news, sentencing by sally

“David Cameron’s plan to allow TV cameras into court will shed light on the judicial process but, crucially, leave parts in the dark.”

Full story

The Guardian, 6th September 2011

Source: www.guardian.co.uk