Law reports – Page 7
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Law Report
Extradition
Divisional Court held that it was open to a requesting judicial authority to add missing information to a deficient European arrest warrant so as to establish its validity.
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Law Report
Divorce
In Sharp v Sharp, the Court of Appeal held that held that the wife was correct to contend that the combination of potentially relevant factors was sufficient to justify a departure from the equal sharing principle.
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Law Report
Immigration
Secretary of state makes deportation orders against appellants, who were foreign nationals with indefinite leave to remain in the United Kingdom, having been convicted of serious drug-related offences.
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Law Report
Insurance
The Supreme Court upheld the original Court of Appeal decision that that a casualty had been caused by an ‘abnormal occurrence’ with the result that no breach of the safe port warranty had occurred.
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Law Report
Court proceedings
Documents created during criminal investigation not legally privileged.
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Law Report
Real estate
The Supreme Court, in dismissing the appellant’s appeal against a finding that the local authority’s housing duty to her had been discharged, held that the reviewing officer had been entitled to find that there was no medical evidence that a property of its type would have the consequence that the ...
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Law Report
Human rights
The Court of Appeal, Civil Division, considered a number of appeals involving individuals with previous criminal convictions/cautions/reprimands, the Metropolitan Police Commissioner, the Chief Constable of Surrey Police and the Secretaries of State for Justice and the Home Department. A number of determinations were made in relation to the statutory scheme ...
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Law Report
Town and country planning
The Supreme Court, in dismissing appeals brought by two local authorities, ruled on the proper interpretation of para 49 of the National Planning Policy Framework, which provided that housing applications should be considered in the context of the presumption in favour of sustainable development, and that relevant policies for the ...
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Law Report
Local government
The Court of Appeal, Criminal Division, declared that, in the circumstances, a council had had no power to prosecute three defendants under section 222 of the Local Government Act 1972. Further, as an entirely statutory creation, the council had had no free-standing common law power to prosecute more generally.
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Law Report
Insurance
Motor insurance policy extended to liability for damage to property of third parties as result of fire caused by repair work carried out by policyholder at time when car immobilised
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Law Report
Media
Supreme Court dismissed the appellant newspaper publishers’ appeals against costs orders as rule’s application would infringe the respondents’ rights to property and undermine the rule of law.
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Law Report
Education
Supreme Court decides on the correct interpretation of ‘regularly’ and rules the case would be returned to the magistrates with a direction to proceed as if the father’s submission of no case to answer had been rejected.
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Law Report
Family
The Court of Appeal refused three applications for permission to appeal against a decision to refuse an earlier application to set aside a consent order.
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Law Report
Wills and probate
The Supreme Court allowed an appeal by the defendant charities and held that a judge’s award to the claimant of a lump sum following the death of her mother, in circumstances where the mother had excluded the claimant in her will and left her estate to various charities, had been ...
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Law Report
Power to arrest – royal wedding 2011
The Supreme Court dismissed an appeal by the claimants, who had all been arrested and held for short periods during the wedding of the Duke and Duchess of Cambridge before being released without charge.
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Law Report
Human rights
Al-Waheed and another v Ministry of Defence: Supreme Court: 17 January 2017 Right to liberty and security – Lawfulness of detention – Claimants being detained in course of British Army operations in Iraq and Afghanistan respectively – Claimants commencing proceedings against Ministry of Defence for breach of right to liberty ...
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Law Report
Immigration
The Supreme Court gave guidance on appeals relating to deportation of foreign criminals which were based on article 8 of the European Convention on Human Rights and held that the policies adopted by the secretary of state and given effect by the Immigration Rules were a relevant and important consideration.
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Law Report
Equality
The Supreme Court refers case of transgender woman refused female state pension to EU court.