Category: appeals

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Posted April 18th, 2011 in appeals, database right, default judgments, law reports by sally

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 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.

Jones v First-tier Tribunal – WLR Daily

Posted April 14th, 2011 in appeals, compensation, criminal injuries compensation, grievous bodily harm, law reports by sally

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 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.

London G20 demo: ‘Kettling’ tactic ruling due – BBC News

Posted April 14th, 2011 in appeals, demonstrations, news, police, public order by sally

“A High Court ruling on whether police in London acted lawfully when they used “kettling” tactics at the G20 protests two years ago is expected later.

Full story

BBC News, 14th April 2011

Source: www.bbc.co.uk

Prisoners’ voting rights: government loses final appeal in European court – The Guardian

Posted April 13th, 2011 in appeals, elections, human rights, news, prisons by sally

“The government has lost its final appeal against giving prisoners the right to vote following a ruling by the European court of human rights.”

Full story

The Guardian, 12th April 2011

Source: www.guardian.co.uk

Court of Appeal rejects ‘hit-and-run’ deportation bid – BBC News

Posted April 11th, 2011 in appeals, asylum, deportation, human rights, news by sally

“A government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run in Lancashire has been rejected by the Court of Appeal.”

Full story

BBC News, 8th April 2011

Source: www.bbc.co.uk

Murder convictions appeal over ‘prison guard juror’ – BBC News

Posted April 11th, 2011 in appeals, juries, murder, news, prison officers by sally

“The murder convictions of two Nottingham men could be unsafe because one of the jurors was a prison officer, the Criminal Appeal Court has heard.”

Full story

BBC News, 9th April 2011

Source: www.bbc.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Posted April 7th, 2011 in appeals, dispute resolution, homelessness, housing, law reports, local government by sally

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Ing Bank NV v Ros Roca SA – WLR Daily

Posted April 5th, 2011 in appeals, banking, estoppel, fees, law reports by sally

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st 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.

Man cleared over Northampton court jury summons error – BBC News

Posted April 4th, 2011 in appeals, contempt of court, juries, news by sally

“A man given a criminal record and a £500 fine for failing to respond to a jury summons sent to the wrong address has been cleared by an appeal judge.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

Owens v Dudley Metropolitan Borough Council – WLR Daily

Posted April 4th, 2011 in appeals, law reports, local government, pensions, teachers by sally

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Ilott v Mitson and others – WLR Daily

Posted April 4th, 2011 in appeals, law reports, wills by sally

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 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.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Posted April 4th, 2011 in appeals, contracts, insurance, law reports by sally

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 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 v Taylor (George Charles) – WLR Daily

Posted March 31st, 2011 in appeals, documents, insolvency, law reports, winding up by sally

Regina v Taylor (George Charles) [2011] EWCA Crim 728;  [2011] WLR (D)  108

“Records kept on computer that affected or related to a company’s property or affairs were within the composite expression ‘book or paper affecting or relating to the company’s property or affairs’ within section 206(1)(c) of the Insolvency Act 1986.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

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

Pritchard v Co-operative Group (CWS) Ltd – WLR Daily

Posted March 31st, 2011 in appeals, damages, law reports, negligence by sally

Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329;  [2011] WLR (D)  110

“Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence.”

WLR Daily,28th March 2011

Source: www.iclr.co.uk

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

Mohammed and others v Home Office – WLR Daily

Posted March 31st, 2011 in appeals, duty of care, immigration, law reports, negligence by sally

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th March 2011

Source: www.iclr.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 (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Posted March 30th, 2011 in appeals, immigration, law reports by sally

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th March 2011

Source: www.iclr.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 (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 30th, 2011 in appeals, EC law, judicial review, law reports, planning by sally

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 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.

Naked burglar fails to get jail sentence overturned – BBC News

Posted March 30th, 2011 in appeals, burglary, drug abuse, indecent exposure, news, sentencing, trespass by sally

“A naked burglar who broke into the homes of two families has failed to persuade judges that his indefinite jail term was unfair.”

Full story

BBC News, 29th March 2011

Source: www.bbc.co.uk

Beshenivsky killer Mustaf Jama loses appeal – BBC News

Posted March 30th, 2011 in appeals, gangs, murder, news, police by sally

“A man who murdered a Bradford policewoman during a bungled robbery has lost an appeal against his conviction.”

Full story

BBC News, 28th March 2011

Source: www.bbc.co.uk

Drug lord Curtis Warren’s conviction stands after supreme court rejects plea – The Guardian

Posted March 28th, 2011 in appeals, drug trafficking, evidence, interception, news by sally

“One of Britain’s most notorious drug dealers, Curtis Warren, has lost a legal battle that would have led to his conviction being overturned.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk