Bank of Scotland v Pereira and others – WLR Daily

“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

Posted March 11th, 2011 in appeals, deportation, detention, law reports by sally
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

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.

Yorkshire Ripper Peter Sutcliffe loses life tariff case – BBC News

Posted March 10th, 2011 in appeals, news, sentencing by sally

“Yorkshire Ripper Peter Sutcliffe has lost a bid to go to the highest court in the land to challenge an order that he should never be released.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Kenneth Noye appeals against M25 murder conviction – BBC News

Posted March 9th, 2011 in appeals, evidence, murder, news by sally

“One of the UK’s most notorious criminals is appealing against his conviction for a 1996 road rage murder.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Malton jockey fire deaths conviction appeal upheld – BBC News

Posted March 4th, 2011 in appeals, arson, homicide, news by sally

“A man jailed for a minimum of seven-and-a-half years for killing two young jockeys in an arson attack has had his conviction upheld.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Khyra Ishaq starvation pair’s appeal fails – BBC News

Posted March 4th, 2011 in appeals, child neglect, homicide, news by sally

“A mother and stepfather jailed for starving a seven-year-old girl to death have lost their appeals.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

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 remoced.

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

Posted March 3rd, 2011 in appeals, immigration, jurisdiction, law reports by sally

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

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.

Lynch v Ceva Logistic Ltd and another – WLR Daily

Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66

“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”

WLR Daily, 28th February 2011

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.

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

Posted February 28th, 2011 in appeals, landlord & tenant, law reports, statutory interpretation by sally

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

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.

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted February 28th, 2011 in appeals, asylum, immigration, law reports, tribunals by sally

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

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.

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

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.

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59

“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”

WLR Daily, 25th February 2011

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.

Regina v Vasili – WLR Daily

Posted February 28th, 2011 in appeals, law reports, offensive weapons by sally

Regina v Vasili [2011] WLR (D) 58

“If an object had all the characteristics of a flick knife, it would therefore be considered an offensive weapon per se: the fact that the same object functioned also as a lighter did not stop it being an offensive weapon.”

WLR Daily, 24th February 2011

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.

R (Daley-Murdock) v Secretary of State for the Home Department – WLR Daily

Posted February 25th, 2011 in appeals, immigration, law reports by sally

R (Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161; [2011] WLR (D) 56

“It was contrary to the policy and objects of the Nationality, Immigration and Asylum Act 2002 to impose an obligation on the Secretary of State when refusing an overstayer’s application for leave to remain to make an appealable removal decision at the same time which would confer a right of appeal.”

WLR Daily, 24th February 2011

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.

R (Mirza and others) v Secretary of State for the Home Department – WLR Daily

Posted February 25th, 2011 in appeals, immigration, law reports by sally

R (Mirza and others) v Secretary of State for the Home Department [2011] EWCA Civ 159; [2011] WLR (D) 55

“The Home Secretary, when refusing to extend a foreign national’s leave to remain in the United Kingdom, ought at the same time or promptly thereafter make a removal decision which, if adverse, would enable the foreign national to appeal without breaking the law by overstaying.”

WLR Daily, 24th February 2011

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.

Baxter v Mannion – WLR Daily

Posted February 24th, 2011 in appeals, land registration, law reports, limitations, mistake by sally

Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54

“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”

WLR Daily, 23rd February 2011

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.

Judge criticises CPS for prosecuting man for pictures available in bookshops – Daily Telegraph

“A top judge has queried why a man was prosecuted for possessing ‘indecent’ images of children – when the photos were available for sale in a string of respectable mainstream bookshops.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

MPs’ expenses: David Chaytor to challenge sentence – BBC News

Posted February 24th, 2011 in appeals, expenses, false accounting, news, sentencing by sally

“Former Labour MP David Chaytor has launched a bid to challenge his jail sentence for fiddling his expenses.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk