appeals – Page 321 – Current Awareness

Metropolitan Housing Trust v Hadjazi – WLR Daily

Posted July 5th, 2010 in appeals, domestic violence, housing, law reports, repossession by sally

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd 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.

Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

Posted July 3rd, 2010 in appeals, civil procedure rules, contracts, news, part 36 offers by sally

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

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OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Parliament Square protesters win eviction reprieve – The Guardian

Posted July 3rd, 2010 in appeals, demonstrations, London, news, trespass by sally

“The Parliament Square peace camp remained in possession of the bleached square of grass in front of the Houses of Parliament today (2 July) after winning a stay of execution minutes before an eviction order was due to be imposed.”

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The Guardian, 2nd July 2010

Source: www.guardian.co.uk

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Posted July 2nd, 2010 in appeals, EC law, enforcement, law reports, legislation, video recordings by sally

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st 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.

Boy to appeal against attempted rape conviction – BBC News

Posted July 2nd, 2010 in appeals, attempts, children, news, rape by sally

“A primary school boy is appealing against his conviction for attempting to rape an eight-year-old girl in west London.”

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BBC News, 1st July 2010

Source: www.bbc.co.uk

Khyra Ishaq starvation couple begin appeal – BBC News

Posted July 2nd, 2010 in appeals, child cruelty, news, sentencing by sally

“The mother and stepfather of a seven-year-old girl who starved to death have been given the go-ahead to appeal against their sentences.”

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BBC New,s 1st July 2010

Source: www.bbc.co.uk

Fiddes v Channel Four Television Corporation and others – WLR Daily

Posted July 1st, 2010 in appeals, defamation, juries, law reports, media, trial without jury by sally

Fiddes v Channel Four Television Corporation and others [2010] EWCA Civ 730; [2010] WLR (D) 163

“Observations on the applicable principles as to whether there should be a trial by jury or trial by judge alone in a libel action were made by the Court of Appeal.”

WLR Daily, 30th June 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.

‘Torture’ man wins appeal right – BBC News

Posted June 30th, 2010 in appeals, intelligence services, news, parliamentary privilege, proscribed organisations, terrorism, torture by sally

“A Briton who says he was tortured in Pakistan with the complicity of UK security services has won the right to appeal against his terror convictions.”

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BBC News, 30th June 2010

Source: www.bbc.co.uk

Ex-MPs and peer on expenses charges ‘not above the law’ – The Independent

Posted June 30th, 2010 in appeals, expenses, false accounting, news, parliamentary privilege by sally

“An appeal brought by three former Labour MPs and a Tory peer facing trial over allegations that they fiddled their expenses was not an attempt to ‘take them above the law’, three of the country’s top judges heard today.”

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The Independent, 29th June 2010

Source: www.independent.co.uk

‘Coconut’ row councillor in race conviction appeal – BBC News

Posted June 30th, 2010 in appeals, local government, news, racism by sally

“A black councillor who called an Asian colleague a ‘coconut’ will appeal against her conviction for racial harassment, her solicitor has said.”

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BBC News, 29th June 2010

Source: www.bbc.co.uk

Deane v Secretary of State for Work and Pensions – WLR Daily

Posted June 29th, 2010 in appeals, benefits, carers, disqualification, education, law reports, tribunals by sally

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 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.

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Posted June 29th, 2010 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 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.

Khyra Ishaq’s mother appeals over prison sentence – BBC news

Posted June 28th, 2010 in appeals, child abuse, diminished responsibility, homicide, news, sentencing by sally

“The mother of a seven-year-old girl who was starved to death at her home in Birmingham has lodged an appeal to reduce her jail sentence.”

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BBC News, 28th June 2010

Source: www.bbc.co.uk

Disgraced Ali Dizaei to make renewed conviction appeal – The Independent

Posted June 28th, 2010 in appeals, corruption, news, police by sally

“Sacked police officer Ali Dizaei is to make a last ditch bid to have his conviction for corruption overturned, his solicitor said today.”

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The Independent, 28th June 2010

Source: www.independent.co.uk

Regina v Lee – WLR Daily

Posted June 28th, 2010 in appeals, law reports, medicines, pharmacists, self-employment by sally

Regina v Lee [2010] EWCA Crim 1404; [2010] WLR (D) 160

“The offence under s 85(5)(b) of the Medicines Act 1968 of selling or supplying a medicinal product which was misleadingly labelled or marked in respect of the nature or quality of the product, where such sale or supply was done by a person ‘in the course of a business carried on by him’, could not be committed by a person who was merely employed or engaged by the business which carried out the sale or supply, but was committed by the employer, namely the person or body carrying on the business.”

WLR Daily, 25th June 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 Brewster – WLR Daily

Posted June 28th, 2010 in appeals, bad character, evidence, law reports, witnesses by sally

Regina v Brewster [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th June 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.

FOI does not require disclosure of BBC report, rules Court of Appeal – OUT-LAW.com

Posted June 25th, 2010 in appeals, BBC, disclosure, freedom of information, media, news, reports by sally

“The BBC does not have to publish a report into its Middle East coverage, the Court of Appeal has ruled. A Freedom of Information (FOI) Act exemption for journalism applies to material even if it is held for other purposes, said the Court.”

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OUT-LAW.com, 25th June 2010

Source: www.out-law.com