Category: appeals

In re W (Children) (Permission to appeal)

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) – WLR Daily

Posted July 30th, 2007 in appeals, contact orders, law reports, residence orders by sally

“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

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

Damilola killers lose appeal – Daily Telegraph

Posted July 4th, 2007 in appeals, murder, young offenders by michael

“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

Damilola killers in bid to appeal – BBC News

Posted July 4th, 2007 in appeals, murder, news by sally

“Two brothers jailed for killing schoolboy Damilola Taylor are to seek permission from the High Court to appeal against their conviction.”

In re S (Omission from judgment: Duty of counsel)

BBC News, 4th July 2007

Source: www.bbc.co.uk

In re S (Omission from judgment: Duty of counsel) – Times Law Reports

Posted July 2nd, 2007 in appeals, barristers, judgments, law reports by sally

Counsel’s duty on judge’s omissions

Court of Appeal

“Counsel had a duty to point out to a judge any omissions in his judgment so that the matter could be dealt with there and then. It was not appropriate to rely on the alleged omission to seek leave to appeal.”

The Times, 2nd July 2007

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

Lockerbie bomber granted new appeal – Daily Telegraph

Posted June 29th, 2007 in appeals, murder, news, Scotland by sally

“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.”

Wilson v. Jaymarke Estates Ltd.

Daily Telegraph, 29th June 2007

Source: www.telegraph.co.uk

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

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

Jaffray and ors v. Society of Lloyd’s [2007] EWCA Civ 586

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 – WLR Daily

Posted June 22nd, 2007 in appeals, fraud, jurisdiction, law reports by sally

“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

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

Dando’s killer wins second appeal hearing – Daily Telegraph

Posted June 19th, 2007 in appeals, murder, news by sally

“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

Lords agree to hear Norris extradition appeal – The Times

Posted June 8th, 2007 in appeals, extradition, news by sally

“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.”

Wolverhampton City Council v. Special Educational Needs and Disabilty Tribunal and Another

The Times, 7th June 2007

Source: www.timesonline.co.uk

Wolverhampton City Council v. Special Educational Needs and Disability Tribunal and Another – Times Law Reports

Posted May 25th, 2007 in appeals, law reports, local government, special educational needs by sally

Appeal still available

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

Secretary of State for Defence v. Pensions Appeal Tribunal

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 – WLR Daily

Posted May 25th, 2007 in appeals, armed forces, law reports, time limits, war pensions by sally

“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

Regina (Jones) v. Ceredigion County Council (No. 2)

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

Regina (Jones) v. Ceredigion County Council (No. 2) – Times Law Reports

Posted May 24th, 2007 in appeals, jurisdiction, law reports by sally

Applicant free not to pursue appeal to House of Lords

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

Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No. 2)

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

Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No 2) – Times Law Reports

Posted May 17th, 2007 in appeals, criminal justice, law reports by sally

Later appeal decision prevails

Court of Appeal (Criminal Division)

“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported [2007] EWCA Crim 218) which was decided earlier.”

The Times, 17th May 2007

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

Regina v. M and others – WLR Daily

Posted May 1st, 2007 in appeals, law reports, precedent, terrorism by sally

Regina v. M and others (No. 2)

“Where a ruling made at a preparatory hearing was overturned on appeal and the Court of Appeal differently constituted in a subsequent case held that the earlier case had been decided per incuriam the judge was bound to follow the later decision in the interests of justice as a whole and on the basis that any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial.”

WLR Daily, 27th April 2007

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

Murder appeal lawyer petitions European Court – The Times

Posted April 19th, 2007 in appeals, human rights, murder, news by sally

“A solicitor who has spent 11 years trying to clear two men convicted of triple murder lodged a petition at Europe’s highest court today claiming they were denied a fair trial.”

The Times, 18th April 2007

Sumukan Ltd. v. Commonwealth Secretariat

Sumukan Ltd. v. Commonwealth Secretariat – Times Law Reports

Posted April 13th, 2007 in appeals, arbitration, law reports by sally

Power to hear appeal on whether exclusion agreement valid

Court of Appeal

“The Court of Appeal had jurisdiction to determine an appeal from a judge’s decision on whether the parties to an arbitration agreement had agreed to exclude an appeal to a court on a point of law under section 69 of the Arbitration Act 1996.”

The Times, 13th April 2007