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.

Secretary of State for the Home Department v AF (No 4); Same v AN; Same v AE – WLR Daily

Posted July 30th, 2010 in appeals, control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF (No 4);  Same v AN; Same v AE [2010] EWCA Civ 869; [2010] WLR (D) 205

“Control orders which the Secretary of State for the Home Department revoked rather than disclose the evidence on which they were made should have been quashed with effect from the dates they were made, because they were made in violation of the right to a fair trial under art 6 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.

Garry Newlove killer’s appeal dismissed – BBC News

Posted July 30th, 2010 in appeals, murder, news, young offenders by sally

“A teenager who kicked to death a father-of-three outside his Warrington home has lost a bid to challenge his conviction.”

Full story

BBC News, 26th July 2010

Source: www.bbc.co.uk

Boys’ attempted rape conviction appeals rejected – BBC News

Posted July 30th, 2010 in appeals, attempts, children, news, rape, young offenders by sally

“Two boys who were found guilty of the attempted rape of an eight-year-old girl in west London have lost their appeals against their convictions.”

Full story

BBC news, 27th July 2010

Source: www.bbc.co.uk

UKIP wins court case over order to pay back donation – BBC News

Posted July 30th, 2010 in appeals, forfeiture, news, political parties, Supreme Court by sally

“The UK Independence Party does not have to forfeit all of a £367,697 ‘impermissible donation’, the Supreme Court has ruled.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Parents of Mansfield neglect death girl lose appeals – BBC News

Posted July 30th, 2010 in appeals, child cruelty, negligence, news, sentencing by sally

“The mother and stepfather of an eight-year-old girl found hanged in her ‘squalid’ Mansfield bedroom have failed in appeals against their prison terms.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Regina v Gnango – WLR Daily

Posted July 29th, 2010 in affray, appeals, joint enterprise, law reports, murder by sally

Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201

“Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint enterprise in the commission of the affray, and accordingly the defendant could not be guilty of the murder of the passer-by by transferred malice on the basis of joint enterprise.”

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.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th 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.

Schoolboys launch rape conviction appeal – The Independent

Posted July 27th, 2010 in appeals, attempts, children, news, rape, sentencing, young offenders by sally

“Two boys found guilty of attempting to rape a girl of eight launch challenges against their convictions today.”

Full story

The Independent, 27th July 2010

Source: www.independent.co.uk

Regina (Cart) v Upper Tribunal (Public Law Project intervening) – WLR Daily

Posted July 27th, 2010 in appeals, judicial review, law reports, tribunals by sally

Regina (Cart) v Upper Tribunal (Public Law Project intervening) [2010] EWCA Civ 859; [2010] WLR (D) 198

“The Upper Tribunal, while subject to the supervisory jurisdiction of the High Court, was not amenable to judicial review to correct an error of law made in the course of an adjudication which the tribunal was authorised to make.”

WLR Daily, 26th 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.

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others – WLR Daily

Posted July 27th, 2010 in appeals, company law, competition, EC law, jurisdiction, law reports by sally

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864; [2010] WLR (D) 199

“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”

WLR Daily, 26th 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.

Sex abuse claim for £5m against Catholic order faces court challenge – The Guardian

Posted July 27th, 2010 in appeals, child abuse, damages, news, sexual offences, time limits by sally

“A Roman Catholic religious order will today appeal a court decision that could see it pay up to £5m to a victim of alleged clerical sexual abuse, the largest compensation claim of its kind in Britain.”

Full story

The Guardian, 27th July 2010

Source: www.guardian.co.uk

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

Posted July 26th, 2010 in appeals, law reports, mental health, wills by sally

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd 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 summay is removed.

Mayor of London (on behalf of the Greater London Authority) v Hall and others – WLR Daily

Posted July 23rd, 2010 in appeals, demonstrations, injunctions, law reports, London, trespass by sally

Mayor of London (on behalf of the Greater London Authority) v Hall and others [2010] EWCA Civ 817; [2010] WLR (D) 195

“The Mayor of London was entitled to an order for possession and an injunction against a number of defendants requiring them to leave a square opposite Parliament, even though title to the land was vested in the Crown, since it was implicit in ss 384 and 385 of the Greater London Authority Act 1999, which gave the Mayor complete control and regulation of the square, that the Mayor had the right to seek a possession order.”

WLR Daily, 19th July 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.

Regina v A and others – WLR Daily

Posted July 23rd, 2010 in accomplices, appeals, joint enterprise, jury directions, law reports, murder by sally

Regina v A and others [2010] EWCA Crim 1622; [2010] WLR (D) 194

“Where a murder was committed by a number of defendants acting together recent authority did not establish that the secondary party’s foresight of the principal’s intention was never relevant.”

WLR Daily, 19th July 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.

Kent woman wins Sheerness murder conviction appeal – BBC news

Posted July 23rd, 2010 in appeals, homicide, murder, news by sally

“A Kent woman jailed for life for stabbing her boyfriend in 2006 has won her appeal against a murder conviction.”

Full story

BBC News, 21st July 2010

Source: www.bbc.co.uk

Mercy killer appeals against murder conviction for giving son fatal overdose – The Guardian

Posted July 22nd, 2010 in appeals, euthanasia, murder, news by sally

“The family of a woman convicted of murder for killing her severely brain-damaged son, today called for a change in the way doctors are allowed to end the lives of patients who have no chance of recovery.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Times libel ruling shows Reynolds privilege is of little practical use – The Guardian

Posted July 21st, 2010 in appeals, defamation, defences, media, news, public interest by sally

“News this week that veteran media lawyer Alastair Brett has parted company with the Times so soon after the court of appeal ruled against the newspaper in the Flood case comes just as I am mulling over the impact of this significant libel judgment.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted July 20th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192

“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”

WLR Daily, 19th 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.

Harris v Registrar of Approved Driving Instructors – WLR Daily

Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808; [2010] WLR (D) 189

“If an applicant seeking registration, or a registered approved driving instructor seeking renewal of his registration, failed to disclose convictions or made a false declaration that he had no convictions, that struck at the heart of the registration process and the question whether he was a ‘fit and proper person’  to be entered in the applicable register.”

WLR Daily, 16th July 2010

Source: www.lawreports.co.uk

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