Category: appeals

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department – WLR Daily

Posted May 31st, 2011 in appeals, immigration, law reports, state immunity by sally

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616; [2011] WLR (D) 183

“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.

Sutton and others v England and others – WLR Daily

Posted May 31st, 2011 in appeals, law reports, trusts by sally

Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182

“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”

WLR Daily, 26th 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.

Burglar freed to protect rights of his children – Daily Telegraph

Posted May 31st, 2011 in appeals, burglary, children, human rights, news, sentencing, suspended sentences by sally

“A burglar has been freed early from jail – because keeping him locked up breaches the human rights of his children, judges ruled yesterday.”

Full story

Daily Telegraph, 27th May 2011

Source: www.telegraph.co.uk

Sharon Shoesmith turns on Ed Balls after court rules her dismissal unfair – The Guardian

Posted May 31st, 2011 in appeals, news, social services, unfair dismissal by sally

“Sharon Shoesmith has said it was ‘justice, not money’ that motivated her during a two-year legal challenge over her controversial sacking in the wake of the Baby Peter tragedy.”

Full story

The Guardian, 27th May 2011

Source: www.guardian.co.uk

Digital Economy Act in fresh legal challenge – BBC News

Posted May 31st, 2011 in appeals, EC law, internet, legislation, news by sally

“Telecoms firms BT and Talk Talk are to appeal against a High Court ruling on the controversial Digital Economy Act.”

Full story

BBC News, 27th May 2011

Source: www.bbc.co.uk

Regina v Hull – WLR Daily

Posted May 27th, 2011 in appeals, jurisdiction, law reports, news, sentencing, transfer of prisoners by sally

Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177

“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

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

Baby Peter sacking: Sharon Shoesmith wins appeal – BBC News

Posted May 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“An ex-social services director says she is ‘thrilled’ to have won an appeal against a ruling that her sacking after Baby Peter’s death was lawful.”

Full story

BBC News, 27th May 2011

Source: www.bbc.co.uk

Appeal court to rule on council sacking after Baby P’s death – The Guardian

Posted May 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“Haringey’s former head of child services will learn today if she has won her court of appeal battle over her sacking in the wake of the Baby P tragedy.”

Full story

The Guardian, 27th May 2011

Source: www.guardian.co.uk

Regina v Redmond – WLR Daily

Posted May 26th, 2011 in appeals, customs and excise, law reports, VAT by sally

Regina v Redmond [2011] EWCA Crim 203; [2011] WLR (D) 174

“Although a defendant, who had pleaded guilty to being knowingly concerned in the fraudulent evasion of the duty chargeable on cigarettes, was not liable to pay the duty if he was not holding the cigarettes at the excise duty point and had not caused them to reach it, he was liable to pay VAT on the consignment. That was therefore a liability which he had evaded ‘as a result of or in connection with’ the criminal conduct of which he was convicted, and amounted to a “benefit” within the meaning of section 75(6) of the Proceeds of Crime Act 2002.”

WLR Daily, 24th 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.

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL – WLR Daily

Posted May 26th, 2011 in appeals, law reports, trade marks, without prejudice communications by sally

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL [2011] EWCA Civ 618; [2011] WLR (D) 173

“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”

WLR Daily, 24th 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.

Ratcliffe power station activists launch appeal over undercover evidence – The Guardian

Posted May 24th, 2011 in appeals, evidence, news, police by sally

“Twenty environmental activists who were convicted of conspiring to shut down one of the UK’s biggest power stations are to launch an appeal after allegations that police suppressed potentially crucial evidence from an undercover officer.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Court of appeal quashes conviction over 1974 robbery – The Guardian

Posted May 24th, 2011 in appeals, Criminal Cases Review Commission, news, robbery by sally

“A man who has spent decades denying his involvement in an armed robbery has won his appeal against conviction.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

Oxford City Council v Bull – WLR Daily

Posted May 24th, 2011 in appeals, homelessness, law reports, local government by sally

Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169

“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”

WLR Daily, 18th 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.

George Davis awaits court ruling over 1975 robbery – BBC News

Posted May 24th, 2011 in appeals, criminal injuries compensation, news, robbery by sally

“A man is to learn whether his name has been cleared over a robbery he was convicted of committing in the 1970s.”

Full story

BBC News, 24th May 2011

Source: www.bbc.co.uk

Immigration appeal system tightened – The Independent

Posted May 20th, 2011 in appeals, immigration, news by tracey

“Migrants from outside the EU who want to stay in the UK will be banned from using the appeals system as a cheap second chance to supply evidence they should have used in their original application, the immigration minister said today.”

Full story

The Independent, 20th May 2011

Soruce: www.independent.co.uk

Lincolnshire death crash police inspector loses appeal – BBC News

Posted May 19th, 2011 in appeals, careless driving, news, police, sentencing by tracey

“An off-duty Lincolnshire police inspector who killed a man in a car crash has failed in a Court of Appeal bid to clear his name.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

Regina v Qureshi – WLR Daily

Posted May 19th, 2011 in appeals, families, harassment, landlord & tenant, law reports, vicarious liability by tracey

Regina v Qureshi [2011] WLR (D)  161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th 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.

Dunstable dog owner’s sentence reduced over attack – BBC News

Posted May 18th, 2011 in appeals, dogs, news, sentencing by tracey

“The owner of a Staffordshire bull terrier that attacked a nine-year-old girl in Bedfordshire has had his sentence reduced.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

Curtis Warren to appeal in Europe at Jersey conviction – BBC News

Posted May 17th, 2011 in appeals, drug trafficking, human rights, news by sally

“The UK drugs baron Curtis Warren intends to appeal to the European Court of Human Rights against his conviction for importing cannabis into Jersey.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

Ali Dizaei conviction quashed – The Guardian

Posted May 16th, 2011 in appeals, corruption, fraud, news, police, witnesses by sally

“The court of appeal has quashed the conviction of a former police chief who was found guilty by a jury of framing a man.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk