Archive for the 'appeals' Category

Christian registrar to appeal over same-sex ceremonies – The Guardian

“Controversial claims that Christians should not have to condone homosexuality will be made in the court of appeal today [2nd Nov.], as a registrar says she suffered discrimination by being required to conduct same-sex civil partnership ceremonies.”

Full story

The Guardian, 2nd November 2009

Source: www.guardian.co.uk

Regina v Darwin (Anne) Regina v Darwin (John) – Times Law Reports

Regina v Darwin (Anne) Regina v Darwin (John)

Court of Appeal (Criminal Division)

“In sentencing for fraud, a judge was right to take into account the harm done to individuals who might not have lost financially but on whom the crime had had a devastating impact.”

The Times, 1st April 2009

Source: www.timesonline.co.uk

MS (Palestinian Territories) v Secretary of State for the Home Department – Times Law Reports

MS (Palestinian Territories) v Secretary of State for the Home Department

Court of Appeal

“A challenge to the lawfulness of future removal directions did not come within the appeal regime under the Nationality, Immigration and Asylum Act 2002.”

The Times, 31st March 2009

Source: www.timesonline.co.uk

Canoe pair lose jail term appeals – BBC News

“Back-from-the-dead canoeist John Darwin and his wife Anne have both lost appeals against their prison sentences.”

Full story

BBC News, 27th March 2009

Source: www.bbc.co.uk

John Darwin: ‘Back-from-the-dead canoeist’ appeals his sentence – Daily Telegraph

“John Darwin, the ‘back-from-the-dead canoeist’ who was jailed for carrying out a ’sophisticated’ £250,000 fraud, is challenging his six-year prison sentence in the Court of Appeal on Thursday.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

Businessman who murdered estranged wife loses conviction appeal – Daily Telegraph

“Businessman Nat Fraser who murdered his estranged wife Arlene nearly 11 years ago has lost his latest bid to overturn his conviction.”

Full story

Daily Telegraph, 24th March 2009

Source: www.telegraph.co.uk

Regina (BA)(Nigeria) v Secretary of State for the Home Department – Times Law Reports

Regina (BA)(Nigeria) v Secretary of State for the Home Department

Court of Appeal

“The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom.”

The Times, 23rd March 2009 

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.

Prisoner has murder conviction quashed after 27 years – The Guardian

“A man who spent almost three decades behind bars had his conviction for rape and murder quashed by the court of appeal today.”

Full story

The Guardian, 18th March 2009

Source: www.guardian.co.uk

New evidence over Bamber killing – The Guardian

“Findings from blood expert and undisclosed police negatives are reviewed as murderer makes his third appeal against conviction.”

Full story

The Guardian, 15th March 2009

Source: www.guardian.co.uk

Texting peer freed after appeal – BBC News

“A peer who was jailed for 12 weeks for sending and receiving text messages while driving on the M1 has been released by the Court of Appeal.”

Full story

BBC News, 12th March 2009

Source: www.bbc.co.uk

Former officer loses incest plea – BBC News

“A former police chief who was jailed for 10 years after being found guilty of raping his daughter has lost an appeal against his conviction.”

Full story 

BBC News, 5th March 2009

Source: www.bbc.co.uk

R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department – WLR daily

R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department [2009] EWCA Civ 119; [2009] WLR (D) 77

A right of appeal against the Home Office’s refusal to revoke a deportation order was exercisable from within the United Kingdom.”

WLR Daily, 3rd March 2009

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.


Regina v Fortean – Times Law Reports

Regina v Fortean

Court of Appeal

“Where an application for leave to appeal against conviction or sentence was wholly without merit, the Court of Appeal, Criminal Division, would exercise its power to order that part of the time spent in custody pending appeal should not count towards sentence so that applications by those who had some proper basis for making them were dealt with fully and promptly.”

The Times, 4th March 2009

Source: www.timesonline.co.uk

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

Zipher Ltd v Markem Systems Ltd and Another – Times Law Reports

Zipher Ltd v Markem Systems Ltd and Another

Court of Appeal

“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

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

Child Support Agency: tough new line leaves parents few appeal rights – The Times

“I have spent most of the past ten years representing parents, mostly women, trying to recover ever-increasing arrears of maintenance from the Child Support Agency.”

Full story

The Times, 26th February 2009

Source: www.timesonline.co.uk

Killer Wright fails in appeal bid – BBC News

“Serial killer Steve Wright has lost his bid at the Court of Appeal to challenge his convictions for the murders of five women in Suffolk.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

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.

RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same; Othman v Same – WLR Daily

RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same; Othman v Same [2009] UKHL 10; [2009] WLR (D) 60

“Appeals from the Special Immigration Appeals Commission (‘SIAC’) were restricted to matters of law or irrationality. SIAC was entitled to have regard to closed material and to assurances given by their governments in concluding that appellants would not, if deported, face a real risk of inhuman treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or violation of the right to a fair trial under art 6.”

WLR Daily, 18th February 2009

Source: www.lawreports.co.uk

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

RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same – Times Law Reports

RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same

House of Lords

“Appeals from decisions of the Special Immigration Appeals Commission were restricted to questions of law or irrationality.”

The Times, 19th February 2009

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.

Zipher Ltd v Markem Systems Ltd and another – WLR Daily

Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th February 2009

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.

Serial killer drops appeal case – BBC News

“Serial killer Steve Wright has dropped his bid to appeal against his convictions for the murders of five women in Suffolk.”

Full story

BBC News, 2nd February 2009

Source: www.bbc.co.uk

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 2009

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.

Court of Appeal contributes to public confidence in the Criminal Justice System – Judiciary of England and Wales

“Fewer than 1% of all convictions in the Crown Court and just 1.3% of sentences are successfully appealed in the Court of Appeal, which should increase public confidence in the criminal justice system.”

Full press release

Judiciary of England and Wales, 19th January 2009

Source: www.judiciary.gov.uk

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12

In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”

WLR Daily, 21st January 2009

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.

Rhys killer appeals over murder – BBC News

“The teenage killer of schoolboy Rhys Jones has lodged an appeal against his conviction and sentence.”

Full story

BBC News, 14th January 2009

Source: www.bbc.co.uk

Brothers lose appeal over murder – BBC News

“Two Somerset men jailed for life for killing a Cornish couple have lost their appeal against their convictions.”

Full story

BBC News, 17th December 2008

Source: www.bbc.co.uk

Killer nurse to appeal conviction – BBC News

“A hospital nurse who was found guilty of murdering two of his patients is to appeal against his conviction.”

Full story 

BBC News, 17th December 2008

Source: www.bbc.co.uk

Extra judges drafted in to hear immigration appeals – The Times

“Extra judges are being drafted in to deal with more than 8,000 asylum and immigration appeals a year that threaten to overload the courts.”

Full story 

The Times, 15th December 2008

Source: www.timesonline.co.uk

Brothers’ appeal ruling reserved – BBC News

“Judgement has been reserved in the appeal of two Somerset men jailed for life for killing a Cornish couple in their own home.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Nightclub drugs pair lose appeal – BBC News

“Two men jailed for permitting the ‘rampant’ sale of ecstasy at a Devon nightclub have lost their appeal.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Suffolk killer makes appeal bid – BBC News

“Serial killer Steve Wright is seeking leave to appeal against his conviction.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Riot murder convictions quashed – BBC News

“Three Asian men who were jailed for life for murdering a 23-year-old black man during riots in Birmingham in 2005 have had their convictions overturned.”

Full story

BBC News, 11th December 2008

Source: www.bbc.co.uk

DNA murderer in sentence appeal – BBC News

“The first person in the world to be convicted on the basis of DNA evidence has been given permission to challenge his sentence.”

Full story

BBC News, 4th December 2008

Source: www.bbc.co.uk

Amy Winehouse’s husband Blake Fielder-Civil loses appeal – The Times

“Amy Winehouse’s husband has lost an appeal against his sentence for attacking a pub landlord and perverting the course of justice.”

Full story 

The Times, 24th November 2008

Source: www.timesonline.co.uk

Singer’s husband appeals sentence – BBC News

“Singer Amy Winehouse’s husband, jailed for an assault on a pub landlord, is to appeal against his sentence.”

Full story

BBC News, 24th November 2008

Source: www.bbc.co.uk

Senior judge wants top court to avoid crime – Daily Telegraph

“A member of the Court of Appeal has argued that only rare or occasional criminal cases should be heard by the new Supreme Court because its judges are too out of touch.”

Full story

Daily Telegraph, 17th November 2008

Source: www.telegraph.co.uk

Garry Newlove murder pair to begin appeals – Daily Telegraph

“Two teenagers convicted of the murder of father-of-three Garry Newlove – who died after confronting a gang outside his home – are launching their appeals.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

‘Pig case’ murderer loses appeal – BBC News

“A Surrey man jailed for killing his wife amid fears that he fed her body to their pigs has lost an appeal against his murder conviction.”

Full story

BBC News, 10th November 2008

Source: www.bbc.co.uk

Brothers’ murder appeal date set – BBC News

“Two brothers convicted of the ‘brutal and sadistic’ murder of a couple in Cornwall five years ago will have their conviction appeal heard next month.”

Full story

BBC News, 4th November 2008

Source: www.bbc.co.uk

Balcony death father will appeal – BBC News

“A man who threw his two children off a hotel balcony, killing his son, has won permission to challenge an inquest verdict of unlawful killing.”

Full story

BBC News, 4th November 2008

Source: www.bbc.co.uk

Sex assault sailor loses appeal – BBC News

“A Royal Navy officer, who was jailed for sexually assaulting a helpless partygoer, has failed to get his sentence cut.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

Thirty organisations are under ICO investigation over data breaches – OUT-LAW.com

“The UK’s privacy watchdog the Information Commissioner’s Office (ICO) is currently pursuing 30 investigations into serious data security breaches, it said. In the past year 227 breaches have been reported to it.”

Full story

OUT-LAW.com, 29th October 2008

Source: www.out-law.com

21/7 backers launch appeal – The Independent

“Five men found guilty of helping the failed July 21 London bombers evade police launched appeals today (22 October).”

Full story

The Independent, 22nd October 2008

Source: www.independent.co.uk

Appeal date for Newlove killers – BBC News

“Two youths convicted of kicking a man to death outside his home in Cheshire will begin their appeals in November.”

Full story

BBC News, 15th October 2008

Source: www.bbc.co.uk

Woman, 101, loses care home fight – BBC News

“A 101-year-old woman has lost her fight to stay at a Teesside care home where she is the sole resident.”

Full story

BBC News, 8th October 2008

Source: www.bbc.co.uk

Girl knife killer’s sentence cut – BBC News

“A teenager who stabbed a young mother to death after bingeing on drink and drugs has had her minimum sentence cut by three years at the Court of Appeal.”

Full story

BBC News, 8th October 2008

Source: www.bbc.co.uk

101-year-old to appeal care home decision – Daily Telegraph

“A 101-year-old woman, the sole remaining resident in an old people’s home due for closure, will ask permission to appeal against a judge’s ruling that she had to move.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Appeal over Goth murder sentence – BBC News

“A gang who carried out a ‘feral’ attack on a couple because they were Goths are appealing against their sentences.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Regina v Al-Ali – Times Law Reports

Regina v Al-Ali

Court of Appeal (Criminal Division)

“On an application by the prosecution for leave to appeal from a ruling of a trial judge in the crown court, the Court of Appeal should not simply consider whether the appeal had a realistic prospect of success because even if the judge’s ruling was wrong it would only be if it were in the interests of justice that the trial should be resumed or started afresh.”

The Times, 3rd October 2008

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.

Regina v Al-Ali – WLR Daily

Regina v Al-Ali; [2008] WLR (D) 302

“When granting leave to a prosecutor to appeal from a ruling of a trial judge in the Crown Court, the Court of Appeal (Criminal Division) should look rather more widely at the interests of justice than simply considering whether the appeal had a realistic prospect of success because even if the judge’s ruling were held to be wrong it would only be if it were in the interests of justice that an order should be made to resume the trial or to start a fresh trial.”

WLR Daily, 23rd September 2008

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.

Man jailed in 1973 for murder challenges conviction – Daily Telegraph

“A man who was jailed for life for the brutal murder of a typist 35 years ago has returned to court to try to clear his name.”

Full story

Daily Telegraph, 9th September 2008

Source: www.telegraph.co.uk

Certificates of Professional Competence – amendments to the Transport Tribunal Rules 200 – Ministry of Justice

“This consultation invited comments on the draft amendments to the Transport Tribunal Rules to accommodate appeals related to Certificates of Professional Competence.
The summarised responses report outlines the conclusions reached on the options.”

Full press release

Ministry of Justice, 8th September 2008

Source: www.justice.gov.uk

Fake death canoeist launches appeal bid – The Independent

“Back from the dead canoeist John Darwin has launched a bid to appeal against his sentence, his solicitor said today.”

Full story

The Independent, 5th September 2008

Source: www.independent.co.uk

More than 70 criminals given ‘unduly lenient’ sentences last year – Daily Telegraph

“More than 70 criminals had their jail terms increased last year after the Court of Appeal ruled they were given ‘unduly lenient’ sentences by judges, according to new figures.”

Full story

Daily Telegraph, 29th August 2008

Source: www.telegraph.co.uk

Relatives will be able to challenge coroner – The Times

“Bereaved relatives are to have a new right of appeal regarding inquest rulings, under an extensive reform of the coroners’ system.”

Full story

The Times, 1st September 2008

Source: www.timesonline.co.uk

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