HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same – WLR Daily

Posted April 30th, 2010 in appeals, immigration, law reports by sally

HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same; [2010] EWCA Civ 42; ; [2010] WLR (D) 107

“Where the route and manner of return of an illegal immigrant to a safe haven were known or could be implied, the first tier tribunal had to consider whether the claimant would be put at risk if returned by that route.”

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.

Great-grandmother tagged over goldfish sale overturns sentence – Daily Telegraph

Posted April 29th, 2010 in animals, appeals, electronic monitoring, news, sentencing by sally

“A great-grandmother fitted with an electronic tag after a goldfish was sold to a teenager at her pet shop has had her sentence quashed.”

Full story

Daily Telegraph, 29th April 2010

Source: www.telegraph.co.uk

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

Religion row as appeal judge dismisses Christian’s sacking appeal – The Guardian

“A marriage guidance counsellor’s bid to challenge his sacking for refusing to give sex therapy to homosexuals has led to a serious clash between the Christian lobby and the judiciary.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Hughes v Borodex Ltd – WLR Daily

Posted April 29th, 2010 in appeals, landlord & tenant, law reports, rent by sally

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

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.

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 29th, 2010 in age discrimination, appeals, employment, law reports, police by sally

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

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

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

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

Winterflood Securities Ltd and others v Financial Services Authority – WLR Daily

Posted April 27th, 2010 in appeals, financial regulation, law reports by sally

Winterflood Securities Ltd and others v Financial Services Authority [2010] EWCA Civ 423; [2010] WLR (D) 101

“The definition of market abuse in s 118 of the Financial Services and Markets Act 2000 did not require the person engaging in the behaviour in question to have intended to abuse the market and accordingly it was not essential for such an intention or purposes to be present for behaviour to fall below the objective standards expected. Moreover, the regulatory regime introduced by the Act and its Code of Conduct did not offend against the principle of legal certainty, once it was appreciated that the provisions of the Code, other than those falling within s 122(1) of the Act, were intended to have no more than evidential effect.”

WLR Daily, 26th 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.

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Posted April 26th, 2010 in appeals, contracts, law reports, summary judgments by sally

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd 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.

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd 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.

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Trader wins £1.4m bank bonus case – The Independent

Posted April 23rd, 2010 in appeals, banking, contract of employment, news by sally

“Three judges today awarded a London trader the £1.4 million bonus he was denied by his Dutch bank employers.”

Full story

The Independent, 23rd April 2010

Source: www.independent.co.uk

Media: British Chiropractic Association v Dr Simon Singh – Law Society’s Gazette

“While the northern hemisphere is paralysed by the seismic shift that has caused the Icelandic volcano, Mt Eyjafjallajökull, to erupt, the case of the British Chiropractic Association (BCA) against Dr Simon Singh promises to have an equally seismic effect on the legal landscape of libel in the UK and the defence of fair comment – especially in the area of scientific debate.”

Full story

Law Society’s Gazette, 22nd April 2010

Source: www.lawgazette.co.uk

Discrimination case makes history – BBC News

Posted April 22nd, 2010 in appeals, disability discrimination, news, unfair dismissal by sally

“A woman from Warrenpoint has made history in a landmark discrimination case in which the House of Lords clarified the UK’s Disability Law.”

Full story

BBC News, 22nd April 2010

Source: www.bbc.co.uk

AWOL soldier loses sentence appeal – The Independent

Posted April 22nd, 2010 in appeals, armed forces, news, post-traumatic stress disorder, war by sally

“A soldier who went absent without leave as he was about to be deployed to Afghanistan lost a Court of Appeal challenge against his nine-month sentence today.”

Full story

The Independent, 21st April 2010

Source: www.independent.co.uk

AWOL soldier appeals against jail sentence – The Independent

Posted April 21st, 2010 in appeals, armed forces, news, post-traumatic stress disorder by sally

“Lawyers for a soldier who was jailed for going absent without leave after refusing to fight in Afghanistan will appeal against his sentence today.”

Full story

The Independent, 21st April 2010

Source: www.independent.co.uk

Suspended paediatrician David Southall wins GMC appeal – BBC News

“Paediatrician David Southall has won an appeal over a long-running dispute with the General Medical Council.”

Full story

BBC News, 20th April 2010

Source: www.bbc.co.uk

Pakistani sex offender wins right to stay in UK – BBC News

Posted April 20th, 2010 in appeals, deportation, news, sexual offences by sally

“A Pakistani man who sexually abused two girls has won the right to stay in Britain, claiming his human rights would be breached if he was deported.”

Full story

BBC News, 20th April 2010

Source: www.bbc.co.uk

Baby P killer Steven Barker loses rape appeal bid – BBC News

Posted April 20th, 2010 in appeals, news, rape by sally

“One of the three people jailed for the death of Baby Peter has lost a bid to take his appeal against a rape conviction to the Supreme Court.”

Full story

BBC News, 20th April 2010

Source: www.bbc.co.uk

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted April 20th, 2010 in appeals, corporation tax, insurance, law reports by sally

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 394; [2010] WLR (D) 97

“In calculating the liability to corporation tax of an insurer in respect of its basic life and general annuity business, the taxpayer was entitled to relief in respect of losses incurred in past years, including years prior to 2003, when the law had been amended to make specific reference to the right to carry losses forward in respect of that type of business.”

WLR Daily, 16th 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.