Bryony Poynor of GCN is part of a delegation of lawyers from the UK who will visit Colombia at the end of August 2010 to carry out a fact finding mission on what can be done to support and protect Colombian human rights in the future.

The Administrative Court has quashed the decision of the Defendant’s Category A Review Team that refused to re-categorise Radislav Krstic, who was convicted of crimes against humanity for his supporting role in the 1995 Srebrenica massacre

In the recent case of Drake & Others v Foster Wheeler Ltd, the High Court (Judge Anthony Thornton QC) allowed a claim for a proportion of the value of hospice care provided to a terminally ill man suffering mesothelioma. An analysis of the jugment by GCN's Peter Hodson is below.

Pete Weatherby has recently returned from Bahrain where he observed a number of trials on behalf of the Bar Human Rights Committee. Pete presented his observations at a seminar held in the House of Lords yesterday.

The Court of Appeal has today given judgment in an important case on the succession provisions in the Housing Act 1985.

The Court of Appeal today handed down final judgement in R v Armel Gnango. In quashing his conviction for murder, the Court overturned the trial judge’s ruling that Gnango could be guilty of the murder of an innocent bystander by a shot fired by a male who was attempting to kill the appellant; a ruling that the appellant had argued would have constituted a significant and unacceptable extension of the principles of joint enterprise.

In a recent immigration Judicial Review, the Administrative Court quashed the SSHD’s decision to certify the Claimant’s human rights claim as clearly unfounded.

The Supreme Court commences hearing Mr Cleveland Pinnock's appeal against the decision of the Court of Appeal of 31st July 2009 that he should give up possession of his home let on a demoted tenancy.

Supreme Court upholds appeal and reverses lower court decisions on ‘Home Detention Curfew’ in ruling which will affect the release dates of hundreds of prisoners on an ongoing basis.

In this case the Court of Appeal granted the Appellant an extension of time of over 4 years for leave to appeal against his sentence, and proceeded to quash the sentence of imprisonment for public protection (‘IPP’).

Mark George Q.C. was interviewed for BBC Radio Manchester this afternoon on the human rights issues surrounding anonymity for those accused of rape, which follows these issues being debated in Parliament today.

The US Supreme Court has ruled that to sentence juveniles (under 18 years of age) to life without the prospect of parole for non-homicide offences breaches the prohibition in the Eighth Amendment to the US Constitution on cruel and unusual punishments and is therefore unlawful.

On 28 April 2010 the Court of Appeal quashed the only ‘whole life’ tariff being served by a discretionary life sentence prisoner.

The High Court has given judgment in one of the first reported cases on the operation of ‘starter tenancies’ and the deployment of ‘public law’ defences against accelerated possession claims.

Yesterday the Court of Appeal quashed a sentence of life imprisonment in the case of James Hughes and substituted a hospital order under s.37 of the Mental Health Act 1983 with a restriction order under s.41.

The Supreme Court has held that indefinite notification requirements without review for convicted sex offenders is incompatible with Article 8 Of the European Convention on Human Rights.

Garden Court North Chambers are pleased to welcome Katy Ayres a new tenant.

Hannah McIntyre, a Classics teacher at Merchant Taylor School in Liverpool, was charged with having sexual intercourse with a pupil who at the time was 16 years old. On Thursday, last week (15th April 2010) at Liverpool Crown Court she was acquitted by the jury of this very serious offence.

Garden Court North is pleased to confirm that we will be advertising for a pupillage to commence in October 2011.

In this judicial review, the Administrative Court (Langstaff J) held that the Parole Board had not acted unlawfully by refusing to grant the Claimant, a recalled determinate sentence prisoner, an oral hearing. The Claimant is applying for permission to appeal to the Court of Appeal.

The commitment of the court service and the judiciary to the regional administrative courts was emphasised last week by the attendance of the President of the Queen’s Bench Division at the High Court in Leeds.

Garden Court North Chambers barrister Pete Weatherby was interviewed for BBC Radio Manchester this morning and also for ChannelM this afternoon on the human rights issues surrounding assisted suicide in response to the guidelines announced today.

GCN's Bryony Poynor is currently in training to run this year's London Marathon on 24th April.

R v Sutherland

Mr S was convicted and sentenced at Lincoln Crown Court in October 2006 in respect of sexual offences . He was sentenced to a 9 month tariff under Section 225 of the Criminal Justice Act 2003 .

On 5 February 2010 the Court agreed and substituted an 18 month determinate sentance .

> Judgment to be added when released

Garden Court North Chambers are pleased to welcome Brigid Baillie.

Barristers in GCN's crime team yesterday sent a letter to the Ministry of Justice and the LSC pointing out the disastrous impact which the proposed further cuts in criminal defence fees are likely to have on the availability of lawyers prepared to take on criminal cases and gives the lie to the government's refrain that it is motivated by ensuring value for money for taxpayers.

Garden Court North Chambers welcomes Camille Warren.

This months Inside Time (January 2010) includes an article written by GCN’s Matthew Stanbury , and Emma Burkinshaw of Grayson Willis Bennett, that challenges the agreement between NOMS and the UK Board Agency to segregate foreign nationals in designated prisons.

In a unanimous and resounding victory for the Appellants, the Supreme Court has today given judgment in the case of Ahmed Mahad & others (Appellants) v SSHD [2009] UKSC 16.

Mr Lodge would probably not have taken his life if proper care had been afforded to him. Prison officers involved in his case had serious disciplinary findings against them for assault and misfeasance in public office.

R v France CCA 15/12/09

On a referral from the Criminal Cases Review Commission, the Court of Appeal allowed an appeal against convictions on six counts of rape and indecent assaults following the appellant’s trial in 2004.

Permission to appeal has been granted by the Supreme Court on 9th December 2009 by a panel consisting of Lord Rodger, Lady Hale and Lord Brown for Mr Pinnock to appeal to the Supreme Court against the decision of the Court of Appeal dated 31st July 2009 to dismiss his appeal from HHJ Holman who made an order for possession against him on 22nd December 2008.

In this months' Inside Time (December 2009), GCN's Sarah Daley and Paragon Law 's Steve Bravery look how deportation decisions made on prisoners can be challenged.

In this judicial review, the Administrative Court (HHJ Stewart QC) found that the Secretary of State for Justice had acted unlawfully by failing to consider the transfer of IPP prisoners to open conditions outside of a parole review i.e. without a Parole Board review and recommendation. The Court granted a declaration to that effect, and ordered that the Defendant decide whether the Claimant’s circumstances are sufficiently compelling or exceptional, such that he can be transferred to open conditions without a Parole Board recommendation.

The newly published Chambers & Partners 2010 directory hails "Garden Court North is widely accepted as the strongest public law set in the North of England" with recommendations accross five of Chamber's practice areas.

GCN's Mark George QC was interviewed for BBC Radio Manchester this morning on the issues surrounding judge’s decisions when sentencing young people with reference to the sentencing yesterday of a repeat child rapist at Minshull Street Crown Court.

James Stark will speak at HLPA (Housing Law Practitioners Association) Conference 2009 which takes place in London on 15th December 2009.

Garden Court North Chambers are pleased to welcome three new tenants.

In an article for LAG magazine (October 2009) GCN's Sarah Daley argues that best value tendering (BVT) will not work in criminal legal aid because the nature of the service is completely unsuited to it. The article compares and contrasts the nature of the service with primary health care, where BVT has been in operation since April 2004.

Kate Stone is currently undertaking a Pegasus scholarship in Washington (one of 12 scholarships granted annually). The Pegasus scholarship scheme makes it possible for gifted young lawyers to learn about the practical working of the common law system in countries other than their own, and to form enduring links with lawyers in those counties.

During her time in Washington Kate is keeping in touch and sharing her experience with her ‘Letters from America’. Read below to find out how Kate is getting on.

The Supreme Court based in Parliament Square, London opened its doors today and will replace the House of Lords as the highest court in the UK. The Supreme Court will hear UK public law appeals and will be the final court of appeal for civil and criminal cases across England, Wales and Northern Ireland.

The 2009 edition of the Legal 500 was published today with Garden Court North recommended as a Northern Circuit Leading Set with a "reputation for criminal defence and civil rights work".

Garden Court North Chambers barrister Pete Weatherby was interviewed for BBC Radio Manchester this morning on the human rights issues surrounding assisted suicide in response to the new guidelines that are due to be published by the Director of Public Prosecutions later today.

In a judgment given last week, the Court of Appeal indicated that sentencing judges must be careful as to the order in which consecutive sentences are passed because of the effect on ‘Home Detention Curfew’ (HDC).

In a judgment handed down on 14th August HHJ Pelling Q.C., sitting as a judge of the High Court, ruled that Category A prisoners who are designated as either “high” or “exceptional” escape risk are entitled to be given sufficient reasons for the decision to maintain that status so as to enable them to decided whether to challenge that decision.

Jailed Liverpool football fan Michael Sheilds has today (9.9.09) been released with a royal pardon. Human rights barrister Pete Weatherby of GCN has been counsel for Michael throughout the campaign for his release. This is the first ever British pardon of someone convicted abroad.

In an article for ROOF magazine (September / October 2009) James Stark writes that the House of Lords has created a world of uncertainty in ruling that it is not unlawful to classify people "homeless at home".

In a recent case it was ruled that forcing convicted sex offenders to remain on the sex offenders register was a breach of their human rights. In an interview for Lexis Nexis Butterworths News (published 13/8/09) Gavin Jones spoke to Pete Weatherby , barrister at Garden Court North Chambers.

1,200 low paid women - including cleaners, support workers and cooks - stand to gain thousands of pounds each after UNISON fought and won an equal pay claim against Bury Metropolitan Borough Council.

The Court of Appeal (Civil Division) last week handed down judgment in the case of Manchester City Council v Pinnock.