Claims against the police still difficult, and no help from human rights law – The Guardian
“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”
The Guardian, 17th May 2010
Source: www.guardian.co.uk
Category: appeals
Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same – WLR Daily
“Where a trader had means of knowing that by his purchase he was participating in a transaction connected with fraudulent evasion of VAT he lost his right to deduct input tax but only when he knew or should have known that the transaction was connected to fraud. To lose his entitlement it was not sufficient that the taxpayer knew or should have known that it was more likely than not that his purchase was connected to fraud.”
WLR Daily, 14th May 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 v Attorney General – WLR Daily
Cooper v Attorney General [2010] EWCA Civ 464; [2010] WLR (D) 122
“The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between that breach and the loss or damage sustained by the injured parties. In assessing whether there had been a sufficiently serious breach, domestic case law in particular carried weight where it purported to interpret and apply the relevant Community law.”
WLR Daily, 13th May 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
Teesside hammer killer refused Guardian interview – BBC News
“A psychopath who bludgeoned a Teesside doctor to death with a hammer has been refused the right to a face-to-face interview with a newspaper journalist.”
BBC News, 14th May 2010
Source: www.bbc.co.uk
Eversheds to fight employment tribunal bias ruling – Law Society’s Gazette
“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”
Law Society’s Gazette, 13th May 2010
Source: www.lawgazette.co.uk
Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily
“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”
WLR Daily, 12th May 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.
In re Kaupthing Singer & Friedlander Ltd (in administration) – WLR Daily
In re Kaupthing Singer & Friedlander Ltd (in administration) [2010] EWCA Civ 518; [2010] WLR (D) 119
“After the set-off of cross-claims as between a company in administration and one of its creditors, the balance payable by a creditor to the company under r 2.85(8) of the Insolvency Rules 1986 in respect of a future debt was not to be a sum discounted to present value under r 2.105 but was to be an equivalent undiscounted amount.”
WLR Daily, 11th May 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.
Woman who smothered grandmother loses murder appeal – BBC News
“A West Yorkshire woman who was secretly taped confessing to smothering her grandmother has lost an appeal against her murder conviction.”
BBC News, 11th May 2010
Source: www.bbc.co.uk
Algerian terror suspect allowed to stay for children – Daily Telegraph
“An Algerian terror suspect has been allowed to stay in Britain because attempts to remove him have taken so long his children are now settled here.”
Daily Telegraph, 9th May 2010
Source: www.telegraph.co.uk
Regina v Neish – WLR Daily
“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 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 Cooper (John) – WLR Daily
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 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.
Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily
“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”
WLR daily, 6th May 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 Y (A) – WLR Daily
Regina v Y (A) [2010] EWCA Crim 762; [2010] WLR (D) 112
“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”
WLR Daily, 6th May 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.
Al Rawi and others v Security Service and others – WLR daily
Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111
“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”
WLR Daily, 5th May 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.
Edlington brothers are refused appeal against sentences – The Guardian
“Two young brothers who beat, tortured and abused a pair of younger children on waste ground near Edlington, South Yorkshire, have been refused permission to appeal against their indeterminate sentences.”
The Guardian, 5th May 2010
Source: www.guardian.co.uk
Edlington boys to appeal against torture sentences – BBC News
“Two brothers who subjected two young boys to prolonged torture are to appeal against their sentences.”
BBC News, 5th May 2010
Source: www.bbc.co.uk
Controversial paediatrician David Southall wins appeal – The Guardian
“Controversial paediatrician David Southall was today restored to the medical register after the court of appeal rejected a decision of the General Medical Council (GMC) to strike him off.”
The Guardian, 4th May 2010
Source: www.guardian.co.uk
Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily
“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”
WLR Daily, 30th April 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.
Muuse v Secretary of State for the Home Department – WLR Daily
Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108
“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”
WLR Daily, 28th April 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.
HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same – WLR Daily
“Where the route and manner of return of an illegal immigrant to a safe haven were known or could be implied, the first tier tribunal had to consider whether the claimant would be put at risk if returned by that route.”
WLR Daily, 28th April 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.
