“The fate of six West Indian prisoners on death row will be decided through the adjudication of the privy council this summer amid fresh pressure from the Caribbean to limit the UK’s role in determining capital punishment cases.”
The Guardian, 12th June 2011
Source: www.guardian.co.uk
“Employment Tribunals only have power in certain circumstances to decide what proportion of damages someone is responsible for in discrimination cases where there is more than one guilty party, an Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 7th June 2011
Source: www.out-law.com
“The fact that the government was going ahead with the abolition of regional planning strategies in England was a legitimate material consideration for those determining planning applications and appeals even though the existing statutory framework required that each region should have a regional strategy.”
WLR Daily, 27th May 2011
Source: www.iclr.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.
C v D [2011] EWCA Civ 646; [2011] WLR (D) 186
“An offer to settle under CPR Part 36 could not be time limited. An offer stated to be ‘open for 21 days’ did not lapse at the end of that period, though it might be withdrawn by the offeror. On the facts, the terms of the offer, and subsequent emails, did not amount to a withdrawal of the offer.”
WLR Daily, 27th May 2011
Source: www.iclr.co.uk
Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”
WLR Daily, 27th May 2011
Source: www.iclr.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.
Regina (Shoesmith) v OFSTED and others [2011] EWCA Civ 642; [2011] WLR (D) 184
“The report of Ofsted into child safeguarding arrangements within a local authority, requested by the Secretary of State for Education following the death of a child while on the authority’s child protection register, was properly and fairly carried out under the statutory requirements of section 20 of the Children Act 2004. In the circumstances, more formal and demanding standards were not obligatory.”
WLR Daily, 27th May 2011
Source: www.iclr.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.
“A company did not indirectly discriminate against a Muslim security guard by preventing him from attending Friday prayers at a Mosque, an Employment Appeals Tribunal (EAT) has ruled.”
OUT-LAW.com, 31st May 2011
Source: www.out-law.com
“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”
WLR Daily, 25th May 2011
Source: www.iclr.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.
Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182
“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”
WLR Daily, 26th May 2011
Source: www.iclr.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.
“A burglar has been freed early from jail – because keeping him locked up breaches the human rights of his children, judges ruled yesterday.”
Daily Telegraph, 27th May 2011
Source: www.telegraph.co.uk
“Sharon Shoesmith has said it was ‘justice, not money’ that motivated her during a two-year legal challenge over her controversial sacking in the wake of the Baby Peter tragedy.”
The Guardian, 27th May 2011
Source: www.guardian.co.uk
“Telecoms firms BT and Talk Talk are to appeal against a High Court ruling on the controversial Digital Economy Act.”
BBC News, 27th May 2011
Source: www.bbc.co.uk
Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177
“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in the ICLR series the corresponding WLR Daily summary is removed.
“An ex-social services director says she is ‘thrilled’ to have won an appeal against a ruling that her sacking after Baby Peter’s death was lawful.”
BBC News, 27th May 2011
Source: www.bbc.co.uk
“Haringey’s former head of child services will learn today if she has won her court of appeal battle over her sacking in the wake of the Baby P tragedy.”
The Guardian, 27th May 2011
Source: www.guardian.co.uk
Regina v Redmond [2011] EWCA Crim 203; [2011] WLR (D) 174
“Although a defendant, who had pleaded guilty to being knowingly concerned in the fraudulent evasion of the duty chargeable on cigarettes, was not liable to pay the duty if he was not holding the cigarettes at the excise duty point and had not caused them to reach it, he was liable to pay VAT on the consignment. That was therefore a liability which he had evaded ‘as a result of or in connection with’ the criminal conduct of which he was convicted, and amounted to a “benefit” within the meaning of section 75(6) of the Proceeds of Crime Act 2002.”
WLR Daily, 24th May 2011
Source: www.iclr.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.
“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”
WLR Daily, 24th May 2011
Source: www.iclr.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.
“Twenty environmental activists who were convicted of conspiring to shut down one of the UK’s biggest power stations are to launch an appeal after allegations that police suppressed potentially crucial evidence from an undercover officer.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
“A man who has spent decades denying his involvement in an armed robbery has won his appeal against conviction.”
The Guardian, 24th May 2011
Source: www.guardian.co.uk
Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169
“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”
WLR Daily, 18th May 2011
Source: www.iclr.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.
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