Sex attacker’s sentence increased – The Independent

Posted August 18th, 2010 in appeals, news, sentencing, sexual offences by sally

“A drunken man who carried out a violent sexual assault on a woman walking home alone at night had his jail sentence increased by the Court of Appeal today.”

Full story

The Independent, 17th August 2010

Source: www.independent.co.uk

Wife killer Eddie Gilfoyle launches third appeal – BBC News

Posted August 16th, 2010 in appeals, Criminal Cases Review Commission, murder, news by sally

“Lawyers for a man jailed in 1993 for killing his heavily pregnant wife have launched a bid for a third appeal.”

Full story

BBC News, 13th August 2010

Source: www.bbc.co.uk

R v Geary – WLR Daily

Posted August 10th, 2010 in appeals, divorce, law reports, proceeds of crime by sally

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 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.

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 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.

Health & Safety Executive v Wolverhampton City Council and another – WLR Daily

Posted August 9th, 2010 in appeals, compensation, health & safety, law reports, local government, planning by sally

Health & Safety Executive v Wolverhampton City Council and another [2010] EWCA Civ 892; [2010] WLR (D) 224

“A material consideration for a local planning authority when deciding whether to revoke or modify the grant of planning permission under s 97 of the Town and Country Planning Act 1990 was the authority’s liability to pay compensation under s 107 of the Act.”

WLR Daily, 4th August 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.

Yorkshire Ripper bids to challenge ‘whole life’ tariff – BBC News

Posted August 4th, 2010 in appeals, news, sentencing by sally

“Yorkshire Ripper Peter Sutcliffe has started a bid to challenge a High Court order that he can never be released from prison.”

Full story

BBC News, 4th August

Source: www.bbc.co.uk

Stockler v Revenue and Customs Comrs – WLR Daily

Posted August 4th, 2010 in appeals, income tax, law reports, part 36 offers, penalties by sally

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 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.

Sheffield City Council v Wall and others – WLR Daily

Posted August 3rd, 2010 in appeals, fostering, housing, law reports, local government by sally

Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221

“The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985.”

WLR Daily, 2nd  August 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 Ahmed – WLR Daily

Posted August 3rd, 2010 in abortion, appeals, crime, law reports by sally

R v Ahmed; [2010] WLR (D) 219

“The act of procuring the miscarriage of a woman’s child did not, by itself, amount to an offence known to English law. Where a defendant was charged with an offence of supplying or procuring any instrument or thing, knowing that it was intended to be unlawfully used or employed with intent to procure the miscarriage of a woman, the ‘thing’ supplied or procured had to be some sort of article or object and could not include a medical procedure. ‘Procure’ of the instrument or thing did not include the taking of possession of or use of an instrument or thing by a third person.”

WLR Daily, 2nd  August 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 Chaytor and others – WLR Daily

Posted August 3rd, 2010 in appeals, expenses, false accounting, law reports, parliamentary privilege by sally

Regina v Chaytor and others; 2010] EWCA Crim 1910; [2010] WLR (D) 218

“Parliamentary privilege or immunity from criminal prosecution did not attach, and never had attached, to ordinary criminal activities by members of Parliament.”

WLR Daily, 2nd  August 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.

Stockton on Tees Borough Council v Aylott – WLR Daily

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

WLR Daily, 30th July 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.

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

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

17,000 immigration appeals unopposed – The Independent

Posted August 2nd, 2010 in appeals, immigration, news by sally

“Thousands of appeals against immigration decisions succeeded last year without the Home Office even attending a hearing to defend its original rejections, figures showed today.”

Full story

The Independent, 2nd August 2010

Source: www.independent.co.uk

Serious Organised Crime Agency v Perry – WLR Daily

Posted August 2nd, 2010 in appeals, extraterritoriality, law reports, notification, proceeds of crime by sally

Serious Organised Crime Agency v Perry [2010] EWCA Civ 907; [2010] WLR (D) 213

“An information notice served on the London address of persons not in the United Kingdom at the time of service was validly served for the purposes of recovery proceedings under the Proceeds of Crime Act 2002.”

WLR Daily, 30th July 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.

£30m heroin smuggler avoids deportation thanks to obscure law – Daily Telegraph

Posted August 2nd, 2010 in appeals, deportation, drug trafficking, immigration, news, tribunals by sally

“A Turkish drug trafficker sentenced to 20 years’ imprisonment for his role in one of Britain’s largest-ever heroin seizures cannot be deported because of an obscure European law.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Expenses: Court denies accused defence of parliamentary privilege – The Guardian

Posted August 2nd, 2010 in appeals, expenses, false accounting, news, parliamentary privilege by sally

“Three former Labour MPs and a Tory peer accused of fiddling their expenses face criminal trials after the court of appeal ruled that parliamentary privilege did not protect them from prosecution.”

Full story

The Guardian, 30th July 2010

Source: www.guardian.co.uk

Ex-Labour MPs and Tory peer lose expenses appeals – BBC News

Posted July 30th, 2010 in appeals, expenses, false accounting, fraud, news, parliamentary privilege by sally

“Three former Labour MPs and an ex-Tory peer facing expenses fraud allegations have lost appeals over a ruling that they are not protected by parliamentary privilege from prosecution.”

Full story

BBC News, 30th July 2010

Source: www.bbc.co.uk

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 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.

Regina v Dunn – WLR daily

Posted July 30th, 2010 in appeals, law reports, Supreme Court, trials by sally

Regina v Dunn [2010] EWCA Crim 1823; [2010] WLR (D) 207

“The fact that an appeal from the Court of Appeal, Criminal Division only lay to the Supreme Court if the Court of Appeal certified that a point of law of general public importance was involved in its decision did not amount to a denial of the essence of an appellant’s right of access to the Supreme Court and was not incompatible with articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 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.

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted July 30th, 2010 in age discrimination, appeals, law firms, law reports, retirement, solicitors by sally

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 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.