Regina v Ward (Barry) [2010] WLR (D) 191
“The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order.”
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 the corresponding WLR Daily summary is removed.
“Democracy Village, a ragtag community of peace activists, pro-democracy campaigners and the homeless in central London, is about to be torn down.”
The Guardian, 18th July 2010
Source: www.guardian.co.uk
“A high court judge today ruled that Peter Sutcliffe, the Yorkshire Ripper, will not be eligible for parole and must spend the rest of his life in custody.”
The Guardian, 16th July 2010
Source: www.guardian.co.uk
Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182
“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”
WLR Daily, 14th 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.
Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179
“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”
WLR Daily, 13th 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.
“A Catholic diocese has launched an appeal after being found liable for running a boys’ school where 150 former pupils are suing for abuse.”
BBC News, 12th July 2010
Source: www.bbc.co.uk
“The controversial order to cull badgers in Wales was quashed by the Court of Appeal today.”
The Independent, 13th July 2010
Source: www.independent.co.uk
Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177
“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”
WLR Daily, 9th 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.
Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176
“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”
WLR Daily, 9th 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.
“A legal battle to evict peace campaigners from historic Parliament Square Gardens is to reach the Court of Appeal.”
The Independent, 9th July 2010
Source: www.independent.co.uk
ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173
“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”
WLR Daily, 8th 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.
“A second schoolboy is appealing against his conviction for attempting to rape an eight-year-old girl in west London.”
BBC News, 5th July 2010
Source: www.bbc.co.uk
Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172
“Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. The term ‘false representations’ in paras 320(7A)(7B) and 322(1A) of the Immigration Rules should be read as meaning ‘dishonest representations’, though the dishonesty need not be that of the claimant himself.”
WLR Daily, 7th 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.
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171
“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”
WLR Daily, 7th 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.
“Halima Aziz is approaching her tenth stressful year of litigation against her former employer, the Crown Prosecution Service. As an ex-CPS prosecutor in Yorkshire, her case for racial discrimination has so far been through four major court hearings, cost the state more than £1m, including a record £600,000 damages, and looks like becoming the longest-running discrimination case in history.”
The Guardian, 6th July 2010
Source: www.guardian.co.uk
Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170
“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”
WLR Daily, 5th 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.
“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”
WLR Daily, 2nd 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.
“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”
WLR Daily, 2nd 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.
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