Archive for the 'appeals' Category

Moulai v Deputy Public Prosecutor in Creteil, France - WLR Daily

Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin); [2008] WLR (D) 148

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an order extraditing (or not extraditing) a person.”

WLR Daily 12th May 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.

Regina (Edwards and Another) v Environment Agency and Others - Times Law Reports

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th May 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.

Home Office in new attempt to bar US rapper - The Guardian

“The Home Office yesterday lodged a second appeal in an attempt to prevent the US rapper Snoop Dogg entering Britain, after being twice overruled by immigration judges.”

Full story

The Guardian, 2nd May 2008

Source: www.guardian.co.uk

Toddler death babysitter released - BBC News

“A babysitter found guilty of murdering her neighbour’s two-year-old son by banging his head against a banister has won an appeal against her conviction.”

Full story

BBC News, 1st May 2008

Source: www.bbc.co.uk

Bin Laden’s son in UK visa appeal - BBC News

“One of Osama Bin Laden’s sons is to mount a legal challenge after being refused entry to live in the UK with his 52-year-old British wife.”

Full story

BBC News, 30th April 2008

Source: www.bbc.co.uk

Regina v Greaves - Times Law Reports

Regina v Greaves

Court of Appeal (Criminal Division)

“Accompanying papers of great bulk and some complexity did not turn an unarguable, unmeritorious, application for leave to appeal against conviction into one which was arguable; nor did bulk and complexity operate as some kind of unspoken barrier to making a loss-of-time order under section 29 of the Criminal Appeal Act 1968.”

The Times, 28th April 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.

London bomb plotters lose appeal bid - The Independent

“Four men serving at least 40 years behind bars for planning the failed 21 July London suicide bombings failed today in a Court of Appeal bid to challenge their convictions.”

Full story

The Independent, 23rd April 2008

Source: www.independent.co.uk

SFO to appeal High Court BAE verdict - The Times

” The Serious Fraud Office (SFO) will appeal against a recent High Court judgment that it ‘acted unlawfully’ when it dropped an investigation into bribery and corruption allegations over a BAE Systems’ arms deal with Saudi Arabia.”

Full story

The Times, 22nd April 2008

Source: www.timesonline.co.uk

R (Edwards) v Environment Agency - WLR Daily

R (Edwards) v Environment Agency; [2008] WLR (D) 119

“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”

WLR Daily, 21st April 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.

Serious Fraud Office set to fight devastating arms deal judgment - The Times

“The Serious Fraud Office is to appeal against the devastating court ruling that it acted unlawfully by dropping its investigation into BAE Systems.”

Full story

The Times, 18th April 2008

Source: www.timesonline.co.uk

Burglar jailed over ear-print wins appeal - Daily Telegraph

“A burglar who was convicted on the evidence of an ear-print left on a window had his conviction quashed by the Court of Appeal on Wednesday.”

Full story

Daily Telegraph, 17th April 2008

Source: www.telegraph.co.uk

Newlove killer lodges appeal bid - BBC News

“A second member of a gang of youths convicted of kicking father-of-three Garry Newlove to death is to appeal against his sentence.”

Full story

BBC News, 16th April 2008

Source: www.bbc.co.uk

‘Ear print’ burglar in appeal bid - BBC News

“The case of a burglar convicted after police matched an imprint of his ear to the scene of a robbery will be heard again at the Court of Appeal.”

Full story

BBC News, 16th April 2008

Source: www.bbc.co.uk

Ruling ‘denies treatment to 100,000 Alzheimer’s patients’ - Daily Telegraph

“Almost 100,000 Alzheimer’s patients face being denied NHS treatment which could delay the onset of their disease, the Court of Appeal was told yesterday.”

Full story

Daily Telegraph, 15th April 2008

Source: www.telegraph.co.uk

Goldsmith urges appeal against BAE ruling - The Guardian

“Lord Goldsmith, the former attorney general, yesterday increased pressure on the Serious Fraud Office to appeal against last week’s high court ruling that the government acted unlawfully in blocking a criminal investigation of secret payments made by the arms company BAE Systems to Saudi Arabia.”

Full story

The Guardian, 14th April 2008

Source: www.guardian.co.uk

AS (Somalia) and Another v Entry Clearance Officer, Addis Ababa and Another - Times Law Reports

AS (Somalia) and Another v Entry Clearance Officer, Addis Ababa and Another

Court of Appeal

“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”

The Times, 14th April 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.

Sally Anne’s killer in appeal bid - BBC News

“The man jailed for life for the murder of teenage model Sally Anne Bowman is appealing against his conviction, his lawyer has said.”

Full story

BBC News, 2nd April 2008

Source: www.bbc.co.uk

Newlove killer lodges appeal bid - BBC News

“One of the gang who kicked to death father-of-three Garry Newlove is to appeal against his conviction.”

Full story

BBC News, 29th March 2008

Source: www.bbc.co.uk

Ipswich killer seeks to appeal sentence - Reuters

“Convicted serial killer Steve Wright sought permission on Wednesday to appeal the life sentence he was handed last month for murdering five prostitutes in his hometown of Ipswich.”

Full story

Reuters, 19th March 2008

Source: www.reuters.com

Appeal of two jailed for taxi murders is heard after 13 years - The Guardian

“Nearly 13 years after they were jailed for life for a double murder in Wales, two men will have their appeal against their conviction heard in the court of appeal today.”

Full story

The Guardian, 17th March 2008

Source: www.guardian.co.uk

Appeal over baby death conviction - BBC News

“An appeal has been lodged by lawyers for a child carer convicted of violently shaking a baby to death.”

Full story

BBC News, 10th March 2008

Source: www.bbc.co.uk

High court grants Kenneth Noye murder appeal hearing - The Guardian

“The convicted killer Kenneth Noye won permission today to bring a legal challenge over the refusal of the Criminal Cases Review Commission to refer his conviction for the murder of Stephen Cameron back to the court of appeal.”

Full story

The Guardian, 7th March 2008

Source: www.guardian.co.uk

July 21 bombers launch appeal - Daily Telegraph

“The July 21 bombers will appeal against their life sentence today having been found guilty for conspiracy to murder.”

Full story

Daily Telegraph, 5th March 2008

Source: www.telegraph.co.uk

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another - WLR Daily

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149; WLR (D) 67

“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”

WLR Daily, 3rd March 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.

Government challenges compensation ruling on wrongly accused pilot - The Guardian

“The government today lodged an appeal in the case of an Algerian pilot who was wrongly accused of training some of the September 11 hijackers.”

Full story

The Guardian, 27th February 2008

Source: www.guardian.co.uk

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council - Times Law Reports

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

Court of Appeal

“The Court of Appeal had power to grant permission to appeal to a party who had not been in the case at first instance.”

The Times, 25th February 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.

Proposed change to Criminal Procedure Rules: last chance to comment - Ministry of Justice

“The Criminal Procedure Rule Committee is seeking views on proposals to simplify rules about appeals to the Crown Court against conviction and sentence. Those who wish to comment have until 22 February 2008 to submit their views.”

Full story

Ministry of Justice, 15th February 2008

Source: www.justice.gov.uk

Terror law in tatters as extremists go free - The Times

“Dozens of anti-terrorist investigations and prosecutions are in jeopardy after senior judges yesterday quashed the convictions of five young Muslims for downloading extremist propaganda. Three Court of Appeal judges, led by the Lord Chief Justice, questioned whether they should ever have been prosecuted for merely possessing the material. The ruling means that in future the prosecution will have to prove that defendants intended to commit terrorist attacks.”

Full story

The Times, 14th February 2008

Source: www.timesonline.co.uk

Five convicted of terror charges are freed - The Independent

“Five young men jailed by a judge who said they had become ‘intoxicated’ by extremist propaganda were freed by the Court of Appeal today.”

Full story

The Independent, 13th February 2008

Source: www.independent.co.uk

Newlove killer ‘considers appeal’ - BBC News

“One of the gang who kicked to death father-of-three Garry Newlove is considering an appeal over his sentence and conviction, his solicitor has said.”

Full story

BBC News, 13th February 2008

Source: www.bbc.co.uk

How many law lords does it take to decide a case? - The Times

“How many law lords does it take to decide a case? Normally, the answer is five. But last week and this, nine members of the Appellate Committee of the House of Lords are hearing two important cases. When the new Supreme Court opens its doors in October 2009, seven or nine justices should hear every case.”

Full story

The Times, 12th February 2008

Source: www.timesonline.co.uk

Lords refuse to continue hearing case against Simon Mann - The Times

“A landmark case collapsed in unprecedented fashion today as the House of Lords refused to continue hearing a claim brought by Equatorial Guinea against the alleged plotters of a failed coup because it will not allow one of the defendants to meet with his lawyers.”

Full story

The Times, 7th February 2008

Source: www.timesonline.co.uk

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) - WLR Daily

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 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.

9/11 accused loses final bid for freedom - The Times

“A Moroccan man accused of links with al-Qaeda and involvement in the 9/11 and Madrid attacks will remain in custody after losing his appeal at the House of Lords.”

Full story

The Times, 30th January 2008

Source: www.timesonline.co.uk

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport - Times Law Reports

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport

Court of Appeal

“In order to appeal to the Court of Appeal from the Transport Tribunal it was not necessary to obtain permission to appeal although the appeal had to be on a point of law.”

The Times, 29th January 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.

Freedom Of Information: The right to know about history but not current affairs - The Independent

“Requests for politically embarrassing material have been made harmless in the slow appeals system. Robert Verkaik, Law Editor, considers cases now looking distinctly dusty.”

Full story

The Independent, 25th January 2008

Source: www.independent.co.uk

Welsh Ministers v Care Standards Tribunal and another - WLR Daily

 Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8

The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”

WLR Daily, 25th January 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. 

Death row Scot ‘to be released’ - BBC News

“A Scottish man who has spent 20 years on death row in America is set to attend an appeal hearing which should see him return to the UK immediately.”

Full story

BBC News, 7th January 2008

Source: www.bbc.co.uk

Sharon Beshenivsky killers denied sentence cut - Daily Telegraph

“Two men jailed for life for shooting a policewoman to death today failed to win a cut in their 35-year minimum sentences.”

Full story

Daily Telegraph, 17th December 2007

Source: www.telegraph.co.uk

Secretary of State for the Home Department v AF (No 2) - Times Law Reports

Secretary of State for the Home Department v AF (No 2)

Queen’s Bench Division 

“A judge who had decided that the making of a nonderogating control order was flawed was not for that reason disqualified from reconsidering the case when it was remitted after a successful appeal.” 

The Times, 17th December 2007

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.

Manslaughter verdicts quashed for boys who stoned pensioner - The Times

“Five young boys who were convicted of causing a pensioner’s death by pelting him with stones had their convictions for manslaughter overturned yesterday.”

Full story

The Times, 14th December 2007

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division) reaches first century in healthy state - Judiciary of England and Wales

“The latest annual review of the Court of Appeal (Criminal Divison) coincides with the centenary of the court. Perhaps to fittingly illustrate the continuing value and relevance of the court, there has been a rise in both appeals against conviction and sentence in the past year.”

Full story

Judiciary of England and Wales, 10th December 2007

Source: www.judiciary.gov.uk

Related link: Court of Appeal (Criminal Division): review of the legal year 2006/2007 (PDF)

‘Lady in Lake’ killer to appeal - BBC News

“A man found guilty of the ‘Lady in the Lake’ murder of his wife is to appeal against his conviction.”

Full story

BBC News, 6th December 2007

Source: www.bbc.co.uk

Child killer Allitt’s tariff set - BBC News

“Killer nurse Beverly Allitt, jailed for life for murdering four children and attacking nine others, has had her minimum tariff fixed at 30 years.”

Full story

BBC News, 6th December 2007

Source: www.bbc.co.uk 

‘Angel of death’ gets appeal date - BBC News

“The convicted child killer Beverly Allitt has been given a date for an appeal against her sentence.”

Full story 

BBC News, 26th November 2007

Source: www.bbc.co.uk

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