“Lawyers representing the work colleague with whom former Royal Bank of Scotland chief Sir Fred Goodwin had an affair has filed an appeal against a High Court judge’s decision that although the media must not identify her by name they could give her job description.”
The Independent, 23rd June 2011
Source: www.independent.co.uk
Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204
“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”
WLR Daily, 22nd June 2011
Source: www.iclr.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.
“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”
WLR Daily, 22nd June 2011
Source: www.iclr.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.
“BT and TalkTalk have been refused permission to appeal against their failed legal challenge of the Digital Economy Act.”
The Guardian, 21st June 2011
Source: www.guardian.co.uk
“The provisions of the Ofcom Broadcasting Code had to be interpreted, as well as being applied in a particular case, so as to comply with the requirements of the right to freedom of expression in article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The question whether the publication of a finding by the statutory regulator constituted a permissible interference with a claimed right to freedom of expression under the article demanded rigorous scrutiny.”
WLR Daily, 17th June 2011
Source: www.iclr.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.
“For the purposes of deciding the starting point for determining the minimum term to be served by a defendant sentenced to life imprisonment on conviction of murder committed with a knife the fact that the defendant had taken a knife from the kitchen of a home to another room in the same home, even if a locked door was forced, did not mean that he had taken the knife to the scene within the meaning of paragraph 5A of Schedule 21 to the Criminal Justice Act 2003.”
WLR Daily, 16th June 2011
Source: www.iclr.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.
Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194
“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”
WLR Daily, 8th June 2011
Source: www.iclr.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.
BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192
“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”
WLR Daily, 13th June 2011
Source: www.iclr.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.
“Government departments and agencies are costing the taxpayer huge sums each year by making incorrect decisions which are then overturned by tribunals, an official report has concluded.”
Full story
The Guardian, 14th June 2011
Source: www.guardian.co.uk
“Home Secretary Theresa May will outline plans to close loopholes in the sex offenders register today.”
The Independent, 14th June 2011
Source: www.independent.co.uk
“As Caribbean countries press for limitations on the judiciary power of the Privy Council, we take a look at appeals figures by oversea countries.”
The Guardian, 13th June 2011
Source: www.guardian.co.uk
Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681; [2011] WLR (D) 190
“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”
WLR Daily, 9th June 2011
Source: www.iclr.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.
“The fate of six West Indian prisoners on death row will be decided through the adjudication of the privy council this summer amid fresh pressure from the Caribbean to limit the UK’s role in determining capital punishment cases.”
The Guardian, 12th June 2011
Source: www.guardian.co.uk
“Employment Tribunals only have power in certain circumstances to decide what proportion of damages someone is responsible for in discrimination cases where there is more than one guilty party, an Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 7th June 2011
Source: www.out-law.com
“The fact that the government was going ahead with the abolition of regional planning strategies in England was a legitimate material consideration for those determining planning applications and appeals even though the existing statutory framework required that each region should have a regional strategy.”
WLR Daily, 27th May 2011
Source: www.iclr.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.
C v D [2011] EWCA Civ 646; [2011] WLR (D) 186
“An offer to settle under CPR Part 36 could not be time limited. An offer stated to be ‘open for 21 days’ did not lapse at the end of that period, though it might be withdrawn by the offeror. On the facts, the terms of the offer, and subsequent emails, did not amount to a withdrawal of the offer.”
WLR Daily, 27th May 2011
Source: www.iclr.co.uk
Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”
WLR Daily, 27th May 2011
Source: www.iclr.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 (Shoesmith) v OFSTED and others [2011] EWCA Civ 642; [2011] WLR (D) 184
“The report of Ofsted into child safeguarding arrangements within a local authority, requested by the Secretary of State for Education following the death of a child while on the authority’s child protection register, was properly and fairly carried out under the statutory requirements of section 20 of the Children Act 2004. In the circumstances, more formal and demanding standards were not obligatory.”
WLR Daily, 27th May 2011
Source: www.iclr.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.
“A company did not indirectly discriminate against a Muslim security guard by preventing him from attending Friday prayers at a Mosque, an Employment Appeals Tribunal (EAT) has ruled.”
OUT-LAW.com, 31st May 2011
Source: www.out-law.com
“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”
WLR Daily, 25th May 2011
Source: www.iclr.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.
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