“In the circumstances which arose the Serious Organised Crime Agency (‘SOCA’) was entitled to invoke the equitable doctrine of marshalling and in effect to be subrogated to a second charge over a property as security for the shortfall left unsatisfied following the sale of other properties.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Drake v Harvey and others [2011] EWCA Civ 838; [2011] WLR (D) 244
“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
B v Secretary of State for the Home Department [2011] EWCA Civ 828; [2011] WLR (D) 243
“The question for the Court of Appeal exercising its appellate jurisdiction under section 13 of the Administration of Justice Act 1960 in respect of a sentence imposed for contempt of court was whether the sentence was manifestly excessive.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Regina v F(S) [2011] EWCA Crim 1844; [2011] WLR (D) 242
“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Fulham Football Club (1987) v Richards and another [2011] EWCA Civ 855; [2011] WLR (D) 241
“A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. Neither the Companies Act 2006 nor considerations of public policy prohibited the submission to arbitration of matters relating to an unfair prejudice petition under section 994 of the 2006 Act.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Regina v Smith (Nicholas) [2011] UKSC 37; [2011] WLR (D) 239
“A sentence of imprisonment for public protection could be imposed upon a defendant who was already serving a sentence of life imprisonment.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Regina v Boggild and others [2011] WLR (D) 237
“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”
WLR Daily, 19th July 2011
Source: www.iclr.co.uk
“A former Tory peer jailed after being found guilty of fiddling his parliamentary expenses has lost an appeal against his conviction.”
Full story
The Guardian, 20th July 2011
Source: www.guardian.co.uk
“Three senior judges have ruled that the undercover police officer Mark Kennedy unlawfully spied on environmentalists and arguably acted as an ‘agent provocateur’.”
The Guardian, 20th July 2011
Source: www.guardian.co.uk
“The convictions of 20 protesters for trying to shut down the UK’s second largest power station have been quashed by the Court of Appeal.”
BBC News, 19th July 2011
Source: www.bbc.co.uk
“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
“Claims by a former nightclub doorman that his conviction for murdering a 21-year-old woman was rendered unsafe by a juror’s message of condolence have been rejected by the appeal court.”
BBC News, 18th July 2011
Source: www.bbc.co.uk
Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224
“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”
WLR Daily, 12th July2011
Source: www.iclr.co.uk
Jones and another v Ruth and another [2011] EWCA Civ 804; [2011] WLR (D) 222
“Foreseeability of the injury or loss sustained by a claimant was not an essential element in the cause of action for harassment under section 3 of the Protection from Harassment Act 1997.”
WLR Daily, 12th July 2011
Source: www.iclr.co.uk
Regina v Dobson [2011] WLR (D) 221
“The principle that, even where there was a logical inconsistency in the verdicts of a jury, a conviction might be safe if the court found that there was an explanation for the inconsistency was subject to the limitation that the explanation had to fall within the parameters of the case as summed up by the trial judge.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
“Julian Assange, the WikiLeaks founder wanted in Sweden over accusations of sexual assault, will launch a fresh appeal on Tuesday against his extradition at the high court in London.”
The Guardian, 11th July 2011
Source: www.guardian.co.uk
“A terror suspect appealing against a control order was trained in Syria from where he plotted a terror attack on the UK, the High Court has heard.”
BBC News, 11th July 2011
Source: www.bbc.co.uk
Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219
“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”
WLR Daily, 28th June 2011
Source: www.iclr.co.uk
“A Jamaican lesbian has won the right to stay in the UK after immigration judges ruled she risks persecution if she returns to her home country.”
BBC News, 6th July 2011
Source: www.bbc.co.uk
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