Grounds For Appeal Research Articles

FSA challenge in Court of Appeal to finding of Financial Services and Markets Tribunal on question of whether solicitors' firm had contravened financial promotion regime

PurposeThe purpose of this paper is to look at a recent Financial Services Authority (FSA) challenge in the Court of Appeal to finding of Financial Services and Markets Tribunal on question of whether solicitors' firm had contravened financial promotion regime (FSA v. Fox Hayes: Court of Appeal (civil division): Lord Justice Longmore, Lord Justice Wilson, Lord Justice Lawrence Collins).Design/methodology/approachExamines the FSA's various grounds for appeal and what was an appropriate level of penalty.FindingsProvides the court of appeal's decisions on point of law in relation to three issues.Originality/valueThis paper will be of interest to regulated firms who fear the consequences of regulatory liability for breaches of FSA rules.

The State of International Law in The Hague: Developments in International Criminal Law and in the Law of the Sea

In this issue of the Hague Justice Journal-Journal judiciaire de La Haye, two important maritime delimitation cases and two complicated, but crucial issues of modern international criminal law are discussed and further explained. The judgement of the Appeals Chamber of the Yugoslavia Tribunal (ICTY) in the Zelenovic case has concluded the appalling Foca rape cases. Matteo Fiori reviews this gruesome episode in the Bosnian War and examines what the case law on these events has brought for the identification and punishment of the crime of rape. The judgement in the case of Sefer Halilovic led Harmen van der Wilt to a discussion of the intricate concept of ‘effective control’, central to the doctrine of superior command responsibility. A third Appeals Chamber Judgement, this time in the Simba case before the Rwanda Tribunal (ICTR), is discussed by Roland Adjovi focusing on why all the grounds of Appeal were rejected including in respect to the length of the sentence. In general international law, Martin Pratt and Yoshifumi Tanaka discuss two maritime delimitation cases, one decided by the International Court of Justice (ICJ) and another by a special Arbitral Tribunal. The judgements in these cases, Nicaragua v. Honduras and Guyana v. Suriname, show some divergence in the approach to delimitation.

Appeal Procedures: Evaluation and Reform

Many jurisdictions consider changes in appeal procedures. These changes usually affect both the costs of the appeal system and the quality of justice that the appeal system provides. We try to assess the effects of these changes systematically. What are the likely costs and benefits for the parties and for future users of the court system? How do they influence the costs of maintaining the appeal system? First, we develop a framework for evaluating such changes in terms of several categories of costs and benefits. Thereafter, we apply this framework to recent changes and proposals for change under consideration in four European jurisdictions, of which we covered the areas of civil procedure, administrative procedure, and criminal procedure. We look at: (1) restrictions in tasks for appeal systems (by a leave for appeal system, a system limiting grounds for appeal, not allowing appeals for certain types of cases, restrictions on new issues, limiting appeals to issues brought up by parties, and limits to stakes of a certain value); (2) changes in incentives to use appeal procedures; (3) changes in dealing with appeal cases (such as single judges in appeal, or better case management); and (4) alternatives to appeal. Our more general conclusions are the following. We find indications that appeal systems will improve their cost benefit ratio if they focus on error correction, in particular on errors that have a big effect on outcome and that are easily detectable. Using the appeal system for law making is not only a matter of freeing up resources, but also requires that appeal courts organize their work in such a manner that it generates more useful precedents (information that enables large numbers of future users of the court system to save costs in their dispute). An issue that warrants further study is the optimal division of labour between the different levels of the court system.

Stoning, Sharia, and Human Rights Law in Nigeria

Stoning women to death for sexual relationships outside marriage is a barbaric and medieval practice. Women's Rights Protection and Advancement Alternative (WRAPA), a Nigerian NGO successfully represented Amina Lawal in 2003 and prevented her death by stoning. Amina Lawal was a divorced woman sentenced to death by stoning by a Nigerian Sharia Court for her alleged commission of zina, a capital crime under the recently adopted Shari'a penal code of Katsina State in Northern Nigeria. Since women are not allowed to argue in Sharia Courts, WRAPA contracted with Barrister Aliyu Musa Yawuri, to represent Amina Lawal in her appeals. WRAPA and its Nigerian collaborators were pleased that the outcome vindicated their position that the provisions of the Shari'a legal system can safeguard justice based on its own principles, procedures and precedents from the life of the Prophet. WRAPA maintains that the judgment will have a far reaching, positive impact on the protection of women from arbitrary arrests and convictions. Two new stoning cases, concerning two women, Hajara Ibrahim and Daso Adamu, represented by BAOBOB, Nigeria, now exist in Nigeria. Those working to defend the accused will rely on the Amina Lawal precedent. WRAPA believed that going to the Sharia court and winning the appeal there was the best way to advance Islamic jurisprudence, and protect other Muslim women from similar ordeals. The strategy was also aimed to encourage Muslims to be less powerless in the face of the religious right by proving that abuses perpetrated by the unscrupulous in the name of Islam can be challenged in a way that the Islamic court system can be relied on to issue a judgment comporting with true Islamic principles. Remaining in the Sharia system permitted WRAPA to contest Sharia's interpretation by the lower courts, and criticize its implementation. Understandably, Muslim lawyers or lawyers living under Muslim laws may not wish to challenge Sharia. Arguing for equality between men and women, a principle some argue is not recognized in Sharia, could target them as westernized betrayers of their culture and religion. But the problem with failing to address that Sharia discriminates against women and permits violence against them, is that Sharia reform is thwarted. WRAPA's and the other Nigerian NGOs' attempt to facilitate the progressive interpretation of Sharia law is commendable, but the decision to work within the Sharia framework drew some criticism. The cases that have been won in the Sharia courts are not helpful in diminishing violence against women as a group inasmuch as the cases are overturned on technicalities with limited application to preventing other unfair prosecutions. The strategy was also criticized for failing to publicly acknowledge that some provisions of the new Sharia penal codes, subjecting all Muslim women in northern Nigeria to live under an imminent death sentence, clearly violates the Nigerian Constitution and international human rights law. This discussion paper deals with developing and presenting possible grounds of appeal in stoning cases under the Nigerian Constitution and international human rights law that would go beyond Sharia Courts in the event of an adverse decision for the current cases.

Separating Law From Facts: The Difficulties Faced By The Italian Corte Di Cassazione In An Appeal For Illogicality Of Reasoning

The recent judgment of the Corte di cassazione, Italy's highest appeal court in civil and criminal matters, in the so-called “jeans rape case” has caused much controversy and attracted much media attention both in Italy and abroad. The Corte di cassazione has been showered with criticism for purportedly establishing a “jeans alibi”, according to which a woman cannot be raped if she is wearing jeans as she must have consented to their removal. However, this judgment is of significance not merely for this statement but because it is particularly demonstrative of the difficulties faced by the Corte di cassazione in separating law from fact in an appeal on the grounds of illogicality of the reasoning given by the lower court. The Corte has been subject to academic criticism recently for exceeding its competence to review on a question of law and entering into the realm of the merits, criticism which this judgment has undoubtedly fuelled. The aim of this article is to explore the nature of the Corte di cassazione and, in providing a critical analysis of the “jeans rape” judgment, to examine the difficulties inherent within this particular ground of appeal.

The Use of Telefax in Civil Procedure (BverfG, Beschluß vom 1.8.1996 BvR 121/95, NJW 1996, 2857)

The decision of the BverfG was based on the following set of facts. The appellant to the BverfG had been unsuccessful in several claims for unfair dismissal before the Schwerin Arbeitsgericht. On appeal to the Landesarbeitsgericht the grounds of appeal, prepared by her legal representative, a lawyer from Hamburg, reached the Landesarbeitsgericht in Rostock the day after the expiry of the extended deadline for filing those grounds. The appellant brought an application for reinstatement of the case within the time allowed and, as justification for this, explained that on the last day of the period allowed for filing the grounds of appeal, unsuccessful efforts had been made right up until 20.31 in the evening to send the relevant information by fax from Hamburg to the court in Rostock. It remained unclear whether this lack of success was attributable to a defect or absence of paper in the receiving fax machine at the Landesarbeitsgericht, or rather to a fault in the line. A telephone check on the fax line had indicated that the line was free. The appeal to the Landesarbeitsgericht was rejected as inadmissible, without clarifying the cause of the failed fax transmission. An appeal on a point of law was also unsuccessful, but the appeal on a point of constitutional law succeeded. If a court permitted documents that must be received within a prescribed period to be transmitted to it by fax, then in the view of the BverfG the special risks that arise from the technical features of this means of communication - such as, in particular, problems with the receiving machine but also line faults - should not have to be borne by the person using this means of communication, but should instead be the responsibility of the court. By choosing an authorised method of communication, making appropriate use of a properly functioning machine for transmission and dialing the recipient's number correctly, the user has done all that is necessary on his part to meet the procedural deadline as long as he begins the transmission sufficiently early that under normal circumstances it can be anticipated that transmission will be finished before 24.00. It cannot be expected of a lawyer who has arranged his work timetable in the expectation of making a fax transmission of his written arguments that when the chosen method of transmission fails, because of a defect in the receiving machine or because of line faults, he should instantly secure a means of contacting the court other than his chosen method, which was after all officially authorised by the court.

Grounds for Appeal: Maasai Customary Claims and Conflicts

Abstract: In a 1994 episode, Maasai herders from Ewuaso were prevented from watering livestock at wells along border between two ranches, but, before strife escalated, police established control. After such events, talk puts a construction on event, framing, highlighting, justifying and reinterpreting it to certain aims and purposes. This article discusses backdrop to conflict in Ewuaso: subdivision and privatization of lands, competition for land by political factions and age-sets, claims by locally powerful and high Kenyan politics of grabbing land and forging electoral alliances, as global forces appear as local faces.Word blew like dust through market of small rift-valley town of Ewuaso oon Kedong', the river-of-beehives. Ewuaso herders had been accosted by a of armed men -- young men, or, rather, older boys, from an age-grade of later teenagers often glossed, not inappropriately, as warriors. These Il-murran from Mosiro, ranch immediately to south of Ewuaso ranch, sought to prevent herders from watering livestock at wells along border between two localities. In market town, a comparable set of young men from Ewuaso quickly gathered, readying themselves for a counterattack to defend what they saw as their group's rights. But before they could move to site, news came that police had established control, so, with a mixture of relief and regret, would-be champions of locality drifted home. A wind rises, becomes a swirling sand devil, then subsides. The state prevails.Local Maasai politics always seem to involve a ready mix of talk and violence, often talk, then violence, but just as often violence, then talk. After deed, talk puts a sort of construction on event, flaming, highlighting, justifying and reinterpreting it to certain aims and purposes. Never simply acts of force, violent deeds are practices which have force not despite but because they signify. For young men -- older boys -- from Mosiro, their attack on a herd that belonged to Senior Government Chief of Keekonyokie location -- of which both Ewuaso and Mosiro form a part -- was defensive, for ingress of his herd into Mosiro locality in early June 1994, was a concrete sign of his claim to land in area. To have allowed his herd access to wells, given ongoing conflicts, would have been to concede his right not only to water but to land.Named after its terrain (osero, a place of dry bushes, a sort of wilderness), Mosiro benefits from flow of Ewuaso Ng'iro down from slopes of rocky Osoit le Mosiro, but its lowland plains have served as wet-season pasture for several Maasai groups.(f.1) Throughout colonial period, and into decade of Kenya's Independence, Maasai districts represented crown land, held in trust for entire community. Governance occurred through a hierarchy of administrative levels; answerable to district commissioners and their subordinate district officers, government chiefs and subchiefs were responsible for locations and sublocations, generally demarcated in terms of Maasai customary territorial sections (Il-oshon) and subsections (In-kutot). Beginning in late 1960s, two Maasai districts of Kajiado and Narok were gradually transformed from trust to freehold. In areas of varying sizes, representing divisions of traditional sections, ranches were formed, titles of which were held by formally constituted group representatives, composed of adult males with recognized claims to local residence who were registered as members (Galaty, 1980a; Lawrence, 1966).Group ranches represented a social compromise between common and private property, or, to be more exact, between legally undifferentiated (nonetheless administratively and politically differentiated) crown land, in which communities held rights of residence and use, and legally differentiated and enclosed land, in which only individuals held private titl (Galaty, 1980a). …

Criminal Appeal Act 1995: The Semantics of Jurisdiction

This statute is informed by a certain history, which it will continue. The original statute setting up a Court of Criminal Appeal, the Criminal Appeal Act 1907, was passed against great opposition from a number of senior judges,' in response to a number of high-profile miscarriage of justice cases. The Criminal Appeal Act 1995 has been enacted in response to similar events, although in this case with the direct approval of the Lord Chief Justice and other senior judges.2 The purpose of this note is to consider what there might be in this Act, if anything, which will substantially alter the practice of criminal appeals. In particular, what is likely to alter the perceived failure to remedy miscarriages of justice? It should be noted that in its recent judgments (prior to this Act) the 'new' Court of Appeal has already discounted the need for reform by adopting a 'different' attitude to that of the Court under the previous Lord Chief Justice.3 This note focuses on two aspects of the Act:4 first, the change in the grounds of appeal, which are reduced to the single requirement that the conviction is 'unsafe'; second, the transfer of the responsibility for considering the safety of a conviction and referring it to the Court of Appeal (Criminal Division) from the Home Secretary's C3 Division to a new body, the Criminal Cases Review Commission. We would argue that neither of these reforms of themselves will alter the practices of the Court of Appeal. With the new arrangements, as before, the important factor is the Court of Appeal's unstated (and unstateable) sense of appropriate practice.

THE GOSPEL, LANGUAGE AND CULTURE

International Review of MissionVolume 84, Issue 332-333 p. 47-64 THE GOSPEL, LANGUAGE AND CULTURE THE THEOLOGICAL METHOD IN CULTURAL ANALYSIS Lamin Sanneh, Lamin Sanneh Lamin Sanneh is D. Willis James professor of Mission and World Christianity at Yale Divinity School and concurrently professor of History at Yale College, New Haven, Connecticut, USA.Search for more papers by this author Lamin Sanneh, Lamin Sanneh Lamin Sanneh is D. Willis James professor of Mission and World Christianity at Yale Divinity School and concurrently professor of History at Yale College, New Haven, Connecticut, USA.Search for more papers by this author First published: January‐April 1995 https://doi.org/10.1111/j.1758-6631.1995.tb02688.xCitations: 4 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Citing Literature Volume84, Issue332-333January‐April 1995Pages 47-64 RelatedInformation

Invalidity of The Indictment Post R. V. Newland

It is uncontroversial to state that the Court of Appeal (Criminal Division) has never been sympathetic to unmeritorious appeals. Numerous cases may be cited where the appellant, having made out a valid ground of appeal based purely upon a technical defect in the trial, is met with the rejoinder that the appeal is wholly without merit and that the conviction will be upheld by the application of the proviso to section 2(1) of the Criminal Appeal Act 1968. Serious defects in the trial including the failure of the trial judge to give a direction on the standard of proof, wrongful admission of the defendant&s previous bad character, and even conviction for an offence which technically did not exist, have all been amenable to the application of the proviso on the ground that, despite the defect, no injustice has been done.

Hamborner Bergbau A.G. and Another v. The High Authority.

Court of Justice of the European Communities — Procedure — Pleadings — Request — Requirement that all grounds of appeal be fully set out in original request.International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Implied decision resulting from inaction — Date from which inaction to be calculated for purpose of bringing action before Court — Appeal on ground that decision vitiated by fault — Circumstances in which such appeal allowable.