Snoop Dogg: US rapper wins £100,000 legal fight to visit Britain – Daily Telegraph

Posted March 9th, 2010 in appeals, news, public interest, public order, visas by sally

“The controversial American rapper, Snoop Dogg, has won an expensive legal battle against the British government, after it tried to ban him from visiting the country.”

Full story

Daily Telegraph, 9th March 2010

Source: www.telegraph.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted March 8th, 2010 in appeals, law reports, pensions, winding up by sally

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2010] EWCA Civ 179; [2010] WLR (D) 65

“Where a hybrid occupational pension scheme was being wound up the benefits derived from voluntary contributions made to the scheme by the employee and matched by their employer’s contribution, ranked first in order of priority in the winding up of the scheme.”

WLR Daily, 4th March 2010

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.

RSPCA appeal against Northallerton will judgement – BBC News

Posted March 8th, 2010 in appeals, charities, news, wills by sally

“The RSPCA has started an appeal five months after losing a court battle over a £2m estate left to it in a will.”

Full story

BBC News, 6th March 2010

Source: www.bbc.co.uk

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily

Posted March 5th, 2010 in appeals, hotels, law reports, trade marks, trade names by sally

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64

“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”

WLR Daily, 4th March 2010

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 v Lancaster – WLR Daily

Posted March 5th, 2010 in appeals, benefits, false accounting, law reports, theft by sally

Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63

“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”

WLR Daily, 4th March 2010

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 v NW – WLR Daily

Posted March 5th, 2010 in appeals, law reports, public order, violent disorder by sally

Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62

“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”

WLR Daily, 4th March 2010

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 v W – WLR Daily

Posted March 4th, 2010 in appeals, law reports, misfeasance in public office, police, retrials by sally

Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61

“Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence.”

WLR Daily, 3rd March 2010

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 v Upper Bay Ltd – WLR Daily

Regina v Upper Bay Ltd [2010] WLR (D) 60

“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

WLR Daily, 3rd March 2010

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 (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) – WLR Daily

Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) [2010] EWCA Civ 142; [2010] WLR (D) 56

“A decision on the balance of probabilities that a school pupil had produced a knife during a fight was sufficient to found his permanent exclusion from the school. It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. The appeal panel was not determining a criminal charge against the pupil: the sanction of permanent exclusion from a particular school was insufficiently severe to render the charge against him criminal.”

WLR Daily, 2nd March 2010

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.

In re Stanford International Bank Ltd (in liquidation) – WLR Daily

In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st March 2010

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.

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 2010

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.

Lawyers report 500 per cent rise in school admission appeals – The Independent

Posted March 1st, 2010 in appeals, news, school admissions by sally

“Record numbers of disgruntled parents are expected to seek legal advice this week after failing to secure their children places at any of their preferred secondary schools.”

Full story

The Independent, 28th February 2010

Source: www.independent.co.uk

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily

Posted February 25th, 2010 in appeals, disclosure, financial regulation, foreign jurisdictions, law reports by sally

Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50

“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily

Posted February 25th, 2010 in appeals, costs, law reports, solicitors by sally

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) [2010] EWCA Civ 122; [2010] WLR (D) 49

“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sentence for domestic violence attack doubled after appeal by Attorney General – Attorney General’s Office

“At the Court of Appeal today the Attorney General, Baroness Patricia Scotland QC, successfully appealed the sentence of a man who picked up a iron which he had heated and repeatedly held to his wife’s face, leaving it on her skin for two to three seconds. He then further attacked her.”

Full press release

Attorney General’s Office, 24th February 2010

Soure: www.attorneygeneral.gov.uk

Ex-businessman Ian Norris to be extradited to US – BBC News

Posted February 24th, 2010 in appeals, extradition, news, price fixing by sally

“A former industry boss has lost a Supreme Court appeal in his battle to avoid extradition from the UK to the US over obstructing justice allegations.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

Simon Singh in court to appeal ruling over Guardian article – The Guardian

Posted February 23rd, 2010 in appeals, defamation, medical treatment, news by sally

“The science writer Simon Singh is in court today to appeal against a preliminary libel ruling over a Guardian article in which he criticised the British Chiropractic Association (BCA).”

Full story

The Guardian, 23rd February 2010

Source: www.guardian.co.uk

Four years for mother who smothered son to death – The Independent

Posted February 19th, 2010 in appeals, homicide, news, sentencing by sally

“A woman who smothered her three-year-old son to death with a pillow was sentenced to four years jail for his manslaughter today after successfully appealing against her conviction for his murder.”

Full story

The Independent, 19th February 2010

Source: www.independent.co.uk

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same – WLR Daily

Posted February 19th, 2010 in appeals, domicile, law reports, taxation by sally

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same [2010] EWCA Civ 83; [2010] WLR (D) 45

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 2010

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.