M1 widening protest prosecution dismissed at Sheffield Crown Court
A prosecution for conspiracy to commit a public nuisance brought against seven protesters was dismissed at Sheffield Crown Court today. (R v White & Others, Sheffield Crown Court, 30th April 2008).
BBC Inside Out on Michael Shields
BBC Inside Out, broadcast tomorrow, will take a look at the case of football fan Michael Shields, jailed three years ago for the attempted murder of a barman in Bulgaria, and the evidence that casts doubt on his conviction.
Sonia Birdee joins chambers
Garden Court North Chambers are pleased to welcome Sonia Birdee with effect from 21st April 2008.
Important judgment on women's refuges and homelessness
The Court of Appeal has today handed down judgment in the two conjoined appeals of Manchester City Council v Moran and Richards v Ipwsich City Council [2008].
Nina Grahame joins chambers
Garden Court North Chambers are pleased to welcome Nina Grahame with effect from 7th April 2008.
Ben McCormack's London Marathon
Read "My Weekend: Ben McCormack" on the Times Online today.
Vicky Robinson inquest
The inquest into the death of 26 year old Vicky Robinson in HMP New Hall, West Yorkshire, in 2005 is due to start on Monday 12th April 2008 and is listed for 2 weeks.
Entrenched tolerated trespassers
The Court of Appeal has today ruled in the case of Porter v Shepherds Bush HA that it should follow the established Housing Act case law as set out in Marshall-v- Bradford MBC and not Payne-v- Cooper in respect of secure tenancies. The Helena Housing Ltd-v- Mower (as covered in the January 2008 Housing Bulletin ) escape route hence, is for the time being closed off .
Melanie Plimmer to speak at immigration Judicial Review conference
Melanie Plimmer has been invited to speak on the subject of "Challenging Work Permits" at the HJT Judicial Review conference on 14th March 2008 in London.
Double murderer refuses to appear in dock for sentencing
Pete Weatherby has spoken on Radio 5 Live to explain the legal context of the decision by Levi Bellfield not to appear at the Old Bailey to hear his sentence today (26/2/08).
"Reasonable excuse" for driver's failure to provide specimen
A driver who fails to mention a medical condition which prevents her from being able to provide sufficient sample of breath for analysis is not prohibited from arguing the statutory defence of; ‘reasonable excuse’.
Administrative Court ruling on HDC for prisoners
Administrative Court declares Secretary of State’s policy dealing with HDC for prisoners serving consecutive sentences of more and less than 12 months to be unlawful.
Unreliable evidence: Mark George on Low Coppy Number (LCN) DNA
In an article for Independent Lawyer magazine (February 2008), Mark George considers the consequences of the Omagh bomb ruling which has cast doubt over thousands of convictions using a controversial form of DNA evidence
Photojournalist wins out-of-court settlement from Metropolitan Police in assault case
Photojournalist Marc Vallée has accepted an apology and out-of-court settlement from the Metropolitan Police today (25/2), further to issuing proceedings against Sir Ian Blair, Commissioner of Police for the Metropolis for "Battery" (assault) and breaches of the Human Rights Act, relating to freedom of expression and assembly.
Andrew Jones inquest
Mark George is instructed in the inquest into the death of Merseyside teenager Andrew Jones who was fatally injured after a night out.
Use of intercept evidence in court cases
Mark George has spoken on Radio 4's PM programme following the announcement by Gordon Brown today that evidence gained from the bugging of suspects could be used in court cases for the first time.
Criticism of inquest jury ban proposals and the use of secret evidence and ‘special’ judges
Concerns have been raised over controversial proposals which could allow Home Secretary Jacqui Smith to block the summoning of a jury, parachute in her own ‘Special Coroner’, and hold hearings in secret, for some controversial inquests, Pete Weatherby told BBC Radio 4's The World This Weekend.
Walker and James (IPPs) Court of Appeal judgment
Court of Appeal finds Secretary of State for Justice acting unlawfully in respect of IPPs, and that systemic failures are likely to lead to violation of Article 5.
Clarified extended deadline for ET claims
In the judgment handed down today, following an appeal heard on 26th November 2007, the EAT has provided clarification of the statutory extension of time for presenting ET claims under Regulation 15 (1) of the Employment Act (Dispute Resolution) Regulations 2004.
Court of Appeal to consider Police officers serving on juries
On Tuesday 29th January 2008 the Court of Appeal will begin to hear several conjoined appeals which involve the issue of whether police officers and others involved in the criminal justice process can serve on juries in criminal trials.
Mark George explains bail
Garden Court North Chambers barrister Mark George was interviewed on BBC Radio Manchester this morning about the bail process.
Introduction to US Death Penalty Law - Manchester
US Death Penalty Law: An Introduction to the issues, law and procedure in capital cases
Prison Service condemned by Louise Giles inquest jury
At the conclusion of the inquest into the death of 20 year old Louise Giles at HMP Durham, the jury has returned a highly critical narrative verdict and have condemned Prison Service management .
House of Lords allows asylum seekers’ income support appeal as they had claimed asylum ‘on their arrival’
The House of Lords today handed down judgment in this case and allowed outright the appeals by both appellants that they had met the criteria of making their claim for asylum “on arrival” and were therefore entitled to urgent payments of income support at the reduced rate.
No specific measurement of minimum duration of exposure to asbestos required
In the judgment handed down today, the Court of Appeal has rejected the proposition that in cases of exposure to asbestos fibres resulting in mesothelioma, a specific measurement of the duration of the material exposure is required for a claim to succeed. What is required is a finding that the duration of the exposure had constituted a material increase in the risk of contracting mesothelioma. Exposure which was de minimus would be insufficient.
Government appeals ruling on inderterminate sentences
The Government has today launched an appeal against two High Court rulings on indeterminate sentences (IPPs).
Mark George on Criminal Appeals process
Garden Court North Chambers barrister Mark George was interviewed on BBC Radio Manchester this morning about the Criminal Appeals process.
New guidance on ex-parte injunctions
The recent case of Lawer v Restormel Borough Council has provided new guidance on ex-parte injunctions. The following casenote will be of interest to housing and immigration lawyers and other practitioners who undertake ex-parte injunctions on behalf of claimants.
Chambers & Partners 2008 recommendations for civil liberties, crime, employment, immigration, social housing and police law
Garden Court North continues to be the only set outside London to be recommended for civil liberties and human rights in the Chambers & Partners UK Guide to the Legal Profession published this week. Almost half (11 out of 23) of our members are now recommended across all our key practice areas.
WASP Conference 7th December 2007
Melanie Plimmer will be one of the keynote speakers at the WASP (Women Asylum Seekers from Pakistan) Project National Conference to take place in Manchester next month.
Right to prompt hearing (Art 5) Parole Board challenge
The case of R (on the application of Ashman) v Parole Board and another, a post-tariff IPP prisoner, has been considered in the All England Law Reports this week.
Dreadlocks, Rastafarians and Religious Belief
In the case of Harris v NKL Automotive Ltd the EAT allowed the appellant's appeal in part and remitted the issue of victimisation to the ET. The EAT however dismissed the argument relating to indirect discrimination.
New Manchester Civil Justice Centre opens
Today marks the opening of the new Manchester Civil Justice Centre - the largest civil court to be built in England and Wales for over 100 years.
Pleural plaque test case
In a long awaited judgement the House of Lords unanimously dismissed the appeal brought by former employees who had developed pleural plaques and in one case psychiatric injury and upheld the majority decision of the Court of Appeal. Peter Hodson provides the following commentary.
Right to detain TB patients? Pete Weatherby explains
Garden Court North Chambers barrister Pete Weatherby was interviewed yesterday on BBC Radio Manchester about a Rochdale man with TB forcibly detained at North Manchester General Hospital.
Art 6 challenge to demoted tenancies
The Administrative Court (Queens Bench Division) has today handed down judgment following the Judicial Review hearing on 27th September 2007.
Future star of the bar
The Times Online has profiled ten barristers of less than 10 years call who may have what it takes to be "Future stars of the Bar". Farrhat Arshad is one of them.
Mark George to teach on US Death Penalty Training Course
Mark George from Garden Court North will be speaking at the US death penalty training session organised jointly by Reprieve and Amicus on 6th October 2007
Press photographer sues Met over demo
GCN barrister Nick Stanage is instructed on behalf of press photographer Marc Vallee, who claims he was assaulted by police while covering a protest outside Parliament last year.
Legal 500 recommends
The 2007 edition of the Legal 500 was published today with Garden Court North recommended as a Northern Circuit Leading Set "with counsel noted for an unswerving commitment to civil liberties".
Martin Middleton inquest
The inquest into the death of Martin Middleton opened today at Leeds Coroner's Court.
GCN solicitor is "Lawyer in the News" in Gazette
ERICA RESTALL, the solicitor in the landmark IPP case of Brett James, has been featured in the Law Society Gazette this week as their "Lawyer in the News".
High Court orders release of post-tariff IPP prisoner
The High Court has ruled today that an offender jailed for serious assault should be set free because the Secretary of State had not provided any resources by which he could prove he was no longer dangerous.
Jessie James inquest
The inquest into the death of murdered schoolboy Jessie James has been adjourned today (8/8/07) after a new witness came forward.
UPDATE: 30/11/07 "Jessie cop to be disciplined" (see Manchester Evening News story link at foot of article).
IPP sentence quashed for low level robbery
The Court of Appeal Criminal Division quashed a sentence of imprisonment for public protection (IPP) and instead imposed a determinate sentence in an appeal against sentence.
High Court rules detention for indefinite sentence prisoners post-tariff is "unlawful"
The High Court (Queen's Bench Division) has ruled today that the continued incarceration of prisoners serving indefinite sentences where the prisons do not have the facilities and courses required to assess their suitability for release was “arbitrary, unreasonable and unlawful”. (link to judgment included in article below).
Nomination for Chambers Bar Award 2007
Garden Court North are delighted to announce that we have been shortlisted for the Regional Set of the Year Award in the Chambers Bar Awards 2007.
Suicides soar in women's prisons
In the first six months of 2007, six women have committed suicide in England and Wales, more than the whole of either of the last two years, according to the Fawcett Society's Commission on Women and the Criminal Justice System report published yesterday.
