Pakistani students arrested in terror raids win deportation battle – Daily Telegraph

Posted May 18th, 2010 in appeals, deportation, human rights, intelligence services, news, terrorism by sally

“Two men who were arrested in major counter-terrorism raids but never charged today won their appeals against deportation.”

Full story

Daily Telegraph, 18th May 2010

Source: www.telegraph.co.uk

Claims against the police still difficult, and no help from human rights law – The Guardian

Posted May 18th, 2010 in appeals, human rights, judgments, malicious prosecution, negligence, news, police by sally

“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”

Full story

The Guardian, 17th May 2010

Source: www.guardian.co.uk

Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same – WLR Daily

Posted May 17th, 2010 in appeals, fraud, law reports, tax evasion, VAT by sally

Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same [2010] EWCA Civ 517; [2010] WLR (D) 124

“Where a trader had means of knowing that by his purchase he was participating in a transaction connected with fraudulent evasion of VAT he lost his right to deduct input tax but only when he knew or should have known that the transaction was connected to fraud. To lose his entitlement it was not sufficient that the taxpayer knew or should have known that it was more likely than not that his purchase was connected to fraud.”

WLR Daily, 14th May 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.

Cooper v Attorney General – WLR Daily

Posted May 14th, 2010 in appeals, attorney general, damages, judicial review, law reports by sally

Cooper v Attorney General  [2010] EWCA Civ 464; [2010] WLR (D) 122

“The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between that breach and the loss or damage sustained by the injured parties. In assessing whether there had been a sufficiently serious breach, domestic case law in particular carried weight where it purported to interpret and apply the relevant Community law.”

WLR Daily, 13th May 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

Teesside hammer killer refused Guardian interview – BBC News

Posted May 14th, 2010 in appeals, media, murder, news by sally

“A psychopath who bludgeoned a Teesside doctor to death with a hammer has been refused the right to a face-to-face interview with a newspaper journalist.”

Full story

BBC News, 14th May 2010

Source: www.bbc.co.uk

Eversheds to fight employment tribunal bias ruling – Law Society’s Gazette

“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”

Full story

Law Society’s Gazette, 13th May 2010

Source: www.lawgazette.co.uk

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily

Posted May 13th, 2010 in appeals, confiscation, customs and excise, law reports, VAT by sally

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120

“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”

WLR Daily, 12th May 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 Kaupthing Singer & Friedlander Ltd (in administration) – WLR Daily

Posted May 13th, 2010 in administration orders, appeals, banking, debts, insolvency, law reports, set-off by sally

In re Kaupthing Singer & Friedlander Ltd (in administration) [2010] EWCA Civ 518; [2010] WLR (D) 119

“After the set-off of cross-claims as between a company in administration and one of its creditors, the balance payable by a creditor to the company under r 2.85(8) of the Insolvency Rules 1986 in respect of a future debt was not to be a sum discounted to present value under r 2.105 but was to be an equivalent undiscounted amount.”
WLR Daily, 11th May 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman who smothered grandmother loses murder appeal – BBC News

“A West Yorkshire woman who was secretly taped confessing to smothering her grandmother has lost an appeal against her murder conviction.”

Full story

BBC News, 11th May 2010

Source: www.bbc.co.uk

Algerian terror suspect allowed to stay for children – Daily Telegraph

Posted May 10th, 2010 in appeals, children, deportation, news, terrorism by sally

“An Algerian terror suspect has been allowed to stay in Britain because attempts to remove him have taken so long his children are now settled here.”

Full story

Daily Telegraph, 9th May 2010

Source: www.telegraph.co.uk

Regina v Neish – WLR Daily

Posted May 10th, 2010 in appeals, confiscation, delay, law reports by sally
“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 2010
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Cooper (John) – WLR Daily

Posted May 10th, 2010 in appeals, evidence, law reports, perjury, witnesses by sally
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010

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

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily

Posted May 7th, 2010 in appeals, damages, fraud, law reports by sally

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114

“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”

WLR daily, 6th May 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 Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th May 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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 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.

Edlington brothers are refused appeal against sentences – The Guardian

Posted May 5th, 2010 in appeals, news, sentencing by sally

“Two young brothers who beat, tortured and abused a pair of younger children on waste ground near Edlington, South Yorkshire, have been refused permission to appeal against their indeterminate sentences.”

Full story

The Guardian, 5th May 2010

Source: www.guardian.co.uk

Edlington boys to appeal against torture sentences – BBC News

Posted May 5th, 2010 in appeals, news, sentencing by sally

“Two brothers who subjected two young boys to prolonged torture are to appeal against their sentences.”

Full story

BBC News, 5th May 2010

Source: www.bbc.co.uk

Controversial paediatrician David Southall wins appeal – The Guardian

Posted May 4th, 2010 in appeals, disciplinary procedures, doctors, expert witnesses, news by sally

“Controversial paediatrician David Southall was today restored to the medical register after the court of appeal rejected a decision of the General Medical Council (GMC) to strike him off.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 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.

Muuse v Secretary of State for the Home Department – WLR Daily

Posted April 30th, 2010 in appeals, damages, detention, law reports, misfeasance in public office by sally

Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108

“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”

WLR Daily, 28th April 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.