Category: reasons

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Posted May 8th, 2014 in abuse of process, appeals, control orders, law reports, reasons, stay of proceedings, terrorism prevention & investigation measures by tracey

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014

Source: www.iclr.co.uk

Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by tracey

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

Regina v Achogbuo – WLR Daily

Posted March 24th, 2014 in appeals, child abuse, disclosure, evidence, law reports, legal representation, news, reasons, solicitors, standards by sally

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

Full story

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

Posted March 19th, 2014 in codes of practice, family courts, judiciary, local government, press releases, reasons by tracey

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Children separated from their families by courts must know why – Daily Telegraph

Posted March 19th, 2014 in adoption, appeals, children, closed material, disclosure, documents, families, family courts, media, news, reasons by tracey

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

Full story

Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

Full story

NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

When a decision-maker gives retro-reasons – UK Human Rights Blog

Posted October 28th, 2013 in appeals, housing, judicial review, local government, news, planning, reasons by sally

“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

CPS statement on abortion related case – Crown Prosecution Service

Posted September 6th, 2013 in abortion, attempted murder, attempts, Crown Prosecution Service, press releases, prosecutions, public interest, reasons by tracey

“The Director of Public Prosecutions, Keir Starmer QC said: ‘This was a very difficult and finely balanced decision. It was based on the individual facts of the case; it is not a policy decision. But in light of concerns raised today, I have decided that it would be sensible to put into the public domain the case specific reasons for not prosecuting in much greater detail. Clearly this will involve careful consideration of how much information can be put into the public domain by way of explanation, but my intention is for a fuller statement to made by the CPS in due course. In the mean time, I understand that the Health Secretary has written to the Attorney General asking for clarification and I am happy to assist him in any way.’ ”

Full press release

Crown Prosecution Service, 5th September 2013

Source: www.cps.gov.uk

Two Upper Tribunal decisions – Panopticon

Posted July 5th, 2013 in appeals, disclosure, freedom of information, news, public interest, reasons, tribunals by tracey

“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”

Full story

Panopticon, 2nd July 2013

Source: www.panopticonblog.com

Judicial Review almost never possible where there is a statutory right of appeal – UK Human Rights Blog

Posted June 21st, 2013 in appeals, financial regulation, judicial review, news, reasons, tribunals by tracey

“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”

Full story

UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

Laing v The Queen – WLR Daily

Posted May 28th, 2013 in appeals, human rights, law reports, Privy Council, reasons, trials by sally

Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198

Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Regina v Radjpaul – WLR Daily

Posted May 3rd, 2013 in appeals, harassment, insanity, law reports, reasons by tracey

Regina v Radjpaul: [2013] EWCA Crim 591;   [2013] WLR (D)  160

“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

LAA must give reasons about funding expert assessments in care proceedings – UK Human Rights Blog

Posted May 2nd, 2013 in children, costs, expert witnesses, judicial review, legal aid, news, reasons by sally

“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

Right or Wrong? The Court of Appeal causes controversy by finding ‘good reasons’s for Claimant to be allowed to depart from its own costs budget – Zenith Chambers

Posted March 7th, 2013 in appeals, budgets, costs, news, reasons by sally

“On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough decision in Henry v News Group Newspapers (SCCO) 28th May 2012).”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Update on recent Tribunal decisions part 1: the evolving approach to vexatiousness and manifest unreasonableness – Panopticon

Posted November 5th, 2012 in disclosure, freedom of information, investigatory powers, news, reasons by sally

“In recent months, the major information law issues have involved the government’s vetoing disclosure of the Prince Charles ‘black spider’ letters, its response to the draft new EU Data Protection Regulation, a number of Article 8 decisions concerning police and criminal records and changes to RIPA. On this last point, note that as of last Thursday, local authorities require a magistrate’s approval for authorising directed surveillance.”

Full story

Panopticon, 4th November 2012

Source: www.panopticonblog.com

Planning Inspector failed to give adequate reasons for refusal, says High Court – OUT-LAW.com

Posted July 26th, 2012 in news, planning, reasons by sally

“A planning inspector failed to give adequate reasons to justify his decision to refuse planning permission to a property developer, the High Court has ruled.”

Full story

OUT-LAW.com, 25th July 2012

Source: www.out-law.com

Wind and peat: another step along the reasons trail – UK Human Rights Blog

Posted March 16th, 2012 in environmental protection, inquiries, news, planning, reasons by tracey

“Welsh Ministers v. RWE Npower Renewables Ltd [2012] EWCA Civ 311, reversing RWE Npower Renewables v. Welsh Ministers & Swansea Council [2011] EWHC 1778 (Admin). In my previous post on this case, I summarised the judge’s findings as to why this Planning Inspector had gone wrong at the wind farm inquiry. The Inspector turned down the appeal because the positioning of individual turbines might lead to damage to deep deposits of peat found on this site. The judge, Beatson J, thought the inspector had not explained his reasons for his conclusions in sufficiently clear a form. Nor did the Inspector give the wind farm developer an opportunity to deal with his concerns. So said the judge. But the Court of Appeal disagreed – showing how it is not easy to ‘call’ the merits of these reasons challenges.”

Full story

UK Human Rights Blog, 15th March 2012

www.ukhumanrightsblog.com

 

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

Judge reveals reason for Top Gear’s Stig ruling – BBC News

Posted October 5th, 2010 in confidentiality, injunctions, media, news, reasons by sally

“A judge has explained his decision for refusing to ban a book revealing the identity of Top Gear’s The Stig.”

Full story

BBC News, 4th October 2010

Source: www.bbc.co.uk

Regina v Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th May 2010

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.