Category: appeals

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Posted March 3rd, 2011 in appeals, education, law reports, local government, special educational needs by sally

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

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 remoced.

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

Posted March 3rd, 2011 in appeals, immigration, jurisdiction, law reports by sally

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

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.

Lynch v Ceva Logistic Ltd and another – WLR Daily

Posted March 1st, 2011 in accidents, appeals, duty of care, health & safety, law reports, personal injuries by sally

Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66

“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”

WLR Daily, 28th February 2011

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.

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

Posted February 28th, 2011 in appeals, landlord & tenant, law reports, statutory interpretation by sally

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

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.

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted February 28th, 2011 in appeals, asylum, immigration, law reports, tribunals by sally

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

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.

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

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.

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59

“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”

WLR Daily, 25th February 2011

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.

Regina v Vasili – WLR Daily

Posted February 28th, 2011 in appeals, law reports, offensive weapons by sally

Regina v Vasili [2011] WLR (D) 58

“If an object had all the characteristics of a flick knife, it would therefore be considered an offensive weapon per se: the fact that the same object functioned also as a lighter did not stop it being an offensive weapon.”

WLR Daily, 24th February 2011

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.

R (Daley-Murdock) v Secretary of State for the Home Department – WLR Daily

Posted February 25th, 2011 in appeals, immigration, law reports by sally

R (Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161; [2011] WLR (D) 56

“It was contrary to the policy and objects of the Nationality, Immigration and Asylum Act 2002 to impose an obligation on the Secretary of State when refusing an overstayer’s application for leave to remain to make an appealable removal decision at the same time which would confer a right of appeal.”

WLR Daily, 24th February 2011

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.

R (Mirza and others) v Secretary of State for the Home Department – WLR Daily

Posted February 25th, 2011 in appeals, immigration, law reports by sally

R (Mirza and others) v Secretary of State for the Home Department [2011] EWCA Civ 159; [2011] WLR (D) 55

“The Home Secretary, when refusing to extend a foreign national’s leave to remain in the United Kingdom, ought at the same time or promptly thereafter make a removal decision which, if adverse, would enable the foreign national to appeal without breaking the law by overstaying.”

WLR Daily, 24th February 2011

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.

Baxter v Mannion – WLR Daily

Posted February 24th, 2011 in appeals, land registration, law reports, limitations, mistake by sally

Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54

“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”

WLR Daily, 23rd February 2011

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.

Judge criticises CPS for prosecuting man for pictures available in bookshops – Daily Telegraph

Posted February 24th, 2011 in appeals, Crown Prosecution Service, indecent photographs of children, jury directions, news, publishing by sally

“A top judge has queried why a man was prosecuted for possessing ‘indecent’ images of children – when the photos were available for sale in a string of respectable mainstream bookshops.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

MPs’ expenses: David Chaytor to challenge sentence – BBC News

Posted February 24th, 2011 in appeals, expenses, false accounting, news, sentencing by sally

“Former Labour MP David Chaytor has launched a bid to challenge his jail sentence for fiddling his expenses.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

George Davis in court 40 years after robbery that sent him to jail – The Guardian

Posted February 24th, 2011 in appeals, Criminal Cases Review Commission, miscarriage of justice, news, robbery, royal prerogative, wounding by sally

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Couple given children back after judge overturns court ruling – Daily Telegraph

Posted February 22nd, 2011 in appeals, child abuse, evidence, family courts, news by sally

“A couple have been reunited with their children after a family court’s decision to separate them was overturned by a judge who criticised the ‘brisk’ nature of the original hearing.”

Full story

Daily Telegraph, 22nd February 2011

Source: www.telegraph.co.uk

Luton army parade protesters lose High Court appeal – BBC News

Posted February 17th, 2011 in appeals, demonstrations, freedom of expression, harassment, news, threatening behaviour by sally

“Five Muslim men who disrupted a march by soldiers who had just returned from Afghanistan have lost an appeal against convictions for public order offences.”

Full story

BBC News, 16th February 2011

Source: www.bbc.co.uk

Statement on sex offenders’ register – Home Office

Posted February 17th, 2011 in appeals, criminal records, press releases, sexual offences by sally

“The sex offenders’ register has existed since 1997. Since that time it has helped the police to protect the public from these most horrific of crimes. Requiring serious sexual offenders to sign the register for life – as they do now – has broad support from across this House. However, the Supreme Court ruled last April that not granting sex offenders the opportunity to seek a review is a breach of their human rights – in particular, the right to a private or family life.  These are rights, of course, that these offenders have taken away from their victims in the cruellest and most degrading manner possible. The government is disappointed and appalled by this ruling – it places the rights of sex offenders above the right of the public to be protected from the risk of re-offending – but there is no possibility of further appeal.”

Full statement

Home Office, 16th February 2011

Source: www.homeoffice.gov.uk

Offenders on sex register for life to get appeal right – BBC News

Posted February 16th, 2011 in appeals, criminal records, news, sexual offences by sally

“Thousands of sex offenders in England and Wales are set to be given the right to appeal against having their names on the sex offenders register for life.”

Full story

BBC News, 16th February 2011

Source: www.bbc.co.uk

Jeremy Bamber loses appeal court bid – The Independent

Posted February 11th, 2011 in appeals, murder, news by sally

“Jeremy Bamber’s convictions for murdering five of his relatives more than 25 years ago will not be referred to the Court of Appeal, the Criminal Cases Review Commission has said.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

Jeremy Bamber hopes new crime scene evidence will free him – The Guardian

Posted January 31st, 2011 in appeals, evidence, murder, news by sally

“Police investigating the White House Farm killings, for which Jeremy Bamber was convicted of multiple murders, have been accused of corrupting vital evidence after claims they allowed the crime scene to be used as a training exercise for firearms officers.”

Full story

The Guardian, 31st January 2011

Source: www.guardian.co.uk