Category: appeals

Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) [2010] EWCA Civ 142; [2010] WLR (D) 56

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

Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) – WLR Daily

Posted March 3rd, 2010 in appeals, law reports, offensive weapons, school children, school exclusions by sally

“A decision on the balance of probabilities that a school pupil had produced a knife during a fight was sufficient to found his permanent exclusion from the school. It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. The appeal panel was not determining a criminal charge against the pupil: the sanction of permanent exclusion from a particular school was insufficiently severe to render the charge against him criminal.”

WLR Daily, 2nd March 2010

In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55

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

In re Stanford International Bank Ltd (in liquidation) – WLR Daily

Posted March 2nd, 2010 in appeals, foreign jurisdictions, insolvency, law reports, proceeds of crime by sally

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st March 2010

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

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

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 2010

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

Lawyers report 500 per cent rise in school admission appeals – The Independent

Posted March 1st, 2010 in appeals, news, school admissions by sally

“Record numbers of disgruntled parents are expected to seek legal advice this week after failing to secure their children places at any of their preferred secondary schools.”

The Independent, 28th February 2010

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Posted February 25th, 2010 in appeals, constructive dismissal, contract of employment, law reports, unfair dismissal by sally

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 2010

Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50

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

Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily

Posted February 25th, 2010 in appeals, disclosure, financial regulation, foreign jurisdictions, law reports by sally

“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”

WLR Daily, 24th February 2010

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) [2010] EWCA Civ 122; [2010] WLR (D) 49

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

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily

Posted February 25th, 2010 in appeals, costs, law reports, solicitors by sally

“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”

WLR Daily, 24th February 2010

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

Sentence for domestic violence attack doubled after appeal by Attorney General – Attorney General’s Office

Posted February 24th, 2010 in appeals, attorney general, domestic violence, grievous bodily harm, press releases, sentencing by sally

“At the Court of Appeal today the Attorney General, Baroness Patricia Scotland QC, successfully appealed the sentence of a man who picked up a iron which he had heated and repeatedly held to his wife’s face, leaving it on her skin for two to three seconds. He then further attacked her.”

Full press release

Attorney General’s Office, 24th February 2010

Soure: www.attorneygeneral.gov.uk

Ex-businessman Ian Norris to be extradited to US – BBC News

Posted February 24th, 2010 in appeals, extradition, news, price fixing by sally

“A former industry boss has lost a Supreme Court appeal in his battle to avoid extradition from the UK to the US over obstructing justice allegations.”

BBC News, 24th February 2010

Source: www.bbc.co.uk

Simon Singh in court to appeal ruling over Guardian article – The Guardian

Posted February 23rd, 2010 in appeals, defamation, medical treatment, news by sally

“The science writer Simon Singh is in court today to appeal against a preliminary libel ruling over a Guardian article in which he criticised the British Chiropractic Association (BCA).”

The Guardian, 23rd February 2010

Source: www.guardian.co.uk

Four years for mother who smothered son to death – The Independent

Posted February 19th, 2010 in appeals, homicide, news, sentencing by sally

“A woman who smothered her three-year-old son to death with a pillow was sentenced to four years jail for his manslaughter today after successfully appealing against her conviction for his murder.”

The Independent, 19th February 2010

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same [2010] EWCA Civ 83; [2010] WLR (D) 45

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same – WLR Daily

Posted February 19th, 2010 in appeals, domicile, law reports, taxation by sally

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 2010

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

Midwife wins appeal against being struck off – The Independent

Posted February 19th, 2010 in appeals, midwives, news by sally

“A midwife won a High Court appeal against being struck off today after a judge ruled she did not have a fair hearing.”

The Independent, 18th February 2010

Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43

Bilkus v Stockler Brunton (a firm) – WLR Daily

Posted February 18th, 2010 in appeals, costs, law reports, solicitors by sally

“When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work.”

WLR Daily, 17th February 2010

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

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

O’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

“Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 2010

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

Three not guilty over Birmingham riot death – BBC News

Posted February 17th, 2010 in appeals, law reports, murder, public order by sally

“Three men accused of murdering a 23-year-old man during riots in Birmingham have been found not guilty.”

Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37

BBC News, 17th February 2010

Source: www.bbc.co.uk

Eweida v British Airways plc – WLR Daily

Posted February 16th, 2010 in airlines, appeals, employment, law reports, religious discrimination by sally

“A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination.”

WLR Daily, 15th February 2010

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

Met commander Ali Dizaei to launch appeal – The Guardian

Posted February 16th, 2010 in appeals, corruption, news, police by sally

“Disgraced officer, jailed for four years, is to appeal against conviction for corruption, says legal team.”

The Guardian, 15th February 2010

Source: www.guardian.co.uk

Pubs win court battle over music charges – The Independent

Posted February 12th, 2010 in appeals, copyright, licensed premises, news, tribunals by sally

“The catering trade and retailers won their court battle today over the charges they pay for playing recorded music. High Court judge Mr Justice Arnold upheld a ruling from a Copyright Tribunal which the Institute of Licensing said will mean pubs, hotels and restaurants across Britain will now receive up to £20 million in refunds.”

The Independent, 12th February 2010