Category: appeals

Pankina v Secretary of State for the Home Dept; Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept – WLR Daily

Posted June 25th, 2010 in appeals, immigration, law reports by sally

Pankina v Secretary of State for the Home Dept;  Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept [2010] EWCA Civ 719; [2010] WLR (D) 158

 “The immigration rules could not lawfully incorporate provisions set out in another document which had not itself been laid before Parliament and was able to be altered after the rule had been laid before Parliament.”

WLR Daily, 24th 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.

British Broadcasting Corporation and another v Sugar (No 2) – WLR Daily

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

British Broadcasting Corporation and another v Sugar (No 2) [2010] EWCA Civ 715; [2010] WLR (D) 157

“Once it was established that information, requested under the Freedom of Information Act 2000, was held by the BBC as a public authority for the purposes of journalism (a word that was to be given its natural meaning), it was effectively exempt from production under the 2000 Act, even if the information was also held by the authority for other purposes.”

WLR Daily, 24th 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.

Kent bug scandal NHS boss awarded damages – BBC News

Posted June 24th, 2010 in appeals, contract of employment, damages, hospitals, news by sally

“The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Rangzieb Ahmed to appeal terrorism conviction – The Guardian

Posted June 24th, 2010 in appeals, intelligence services, news, private hearings, terrorism, torture by sally

“Media organisations want appeal of Manchester man, who complained that MI5 was complicit in his torture in Pakistan, to be heard in open court.”

Full story

The Guardian, 24th June 2010

Source: www.guardian.co.uk

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

Posted June 24th, 2010 in appeals, law reports, pensions, retrospectivity, sex discrimination by sally

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”
WLR Daily, 23rd June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Boy rapist’s life sentence reduced on appeal – BBC News

Posted June 23rd, 2010 in appeals, news, rape, release on licence, sentencing, young offenders by sally

“A 12-year-old County Durham schoolboy who raped his teacher has had his life sentence reduced on appeal.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.co.uk

FA (Iraq) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2010 in appeals, asylum, immigration, law reports by sally

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152

“Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal.”

WLR Daily, 21st 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.

Rabone and another v Pennine Care NHS Trust – WLR Daily

Posted June 22nd, 2010 in appeals, duty of care, hospitals, law reports, suicide by sally

Rabone and another v Pennine Care NHS Trust [2010] EWCA Civ 698; [2010] WLR (D) 152

“Health trusts did not have an obligation to take special preventive measures to protect voluntary mental patients from the risk of suicide, even where that risk was ‘real and immediate’. The obligation existed in the case of persons for whom the state had assumed responsibility by their detention under the Mental Health Act 1983.”

WLR Daily, 21st June 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.

Cookham Wood jail breast cancer ruling quashed – BBC News

Posted June 18th, 2010 in appeals, cancer, medical treatment, negligence, news, prisons by sally

“A woman’s right to claim for damages after doctors failed to diagnose her breast cancer while she was in prison in Kent has been quashed.”

Full story

BBC News, 18th June 2010

Source: www.bbc.co.uk

EAT upholds victimisation claim – Law Society’s Gazette

Posted June 18th, 2010 in appeals, burden of proof, employment tribunals, news, solicitors, victimisation by sally

“A firm that ‘gratuitously’ mentioned a solicitor’s previous discrimination claim against it when providing an employment reference to another firm has lost an appeal in the Employment Appeal Tribunal.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Lawyer wins tribunal appeal over withdrawal of job offer – Law Society’s Gazette

Posted June 18th, 2010 in appeals, disability discrimination, employment tribunals, mental health, news, solicitors by sally

“A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Baby shake childminder loses manslaughter appeal – BBC News

Posted June 18th, 2010 in appeals, children, expert witnesses, homicide, news by sally

“A Buckinghamshire childminder has lost an appeal against her conviction for killing a baby in her care.”

Full story

BBC News, 17th June 2010

Source: www.bbc.co.uk

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2010 in appeals, asylum, immigration, law reports, Supreme Court by sally

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

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

Sex attack taxi driver has conviction appeal bid thrown out – The Independent

Posted June 15th, 2010 in appeals, news, sexual offences by sally

“A taxi driver convicted of drugging and sexually assaulting women passengers had a conviction appeal bid thrown out by top judges today.”

Full story

The Independent, 15th June 2010

Source: www.independent.co.uk

Regina v George and others – WLR Daily

Posted June 15th, 2010 in airlines, appeals, conspiracy, law reports, price fixing by sally

Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147

“Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest.”

Full story

WLR Daily, 14th 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.

Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports, set-off by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

Source:

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

Regina (Morge) v Hampshire County Council – WLR Daily

Posted June 15th, 2010 in appeals, EC law, environmental protection, law reports, local government, planning by sally

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th 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.

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd – WLR Daily

Posted June 15th, 2010 in appeals, defamation, law reports, malicious falsehood by sally

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd [2010] EWCA Civ 609; [2010] WLR (D) 144

“The single meaning rule in defamation did not apply in claims of malicious falsehood.”

WLR Daily, 11th June 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.

Cab rapist John Worboys in appeal to cut sentence – BBC News

Posted June 15th, 2010 in appeals, news, sentencing, sexual offences by sally

“A London taxi driver jailed indefinitely for drugging and sexually assaulting female passengers in his black cab is launching an appeal against his sentence.”

Full story

BBC News, 15th June 2010

Source: www.bbc.co.uk

Channel Four libel case to be heard without jury – The Lawyer

Posted June 14th, 2010 in appeals, defamation, media, news, trial without jury by sally

“The Court of Appeal has upheld a High Court decision that said the libel case Fiddes v Channel Four and ors should be heard without a jury.”

Full story

The Lawyer, 10th June 2010

Source: www.thelawyer.com