Shallow grave killer Reszpondek loses appeal – BBC News

Posted September 24th, 2010 in appeals, murder, news by sally

“A Polish dairy worker serving a life sentence for murdering a colleague and burying her body in a Wrexham field has failed to overturn the conviction.”

Full story

BBC News, 22nd September 2010

Source: www.bbc.co.uk

Child M and family to be deported to Iran despite protests – The Guardian

Posted September 23rd, 2010 in appeals, asylum, deportation, immigration, news by sally

“A 10-year-old boy who has lived in the UK for three years with his family has been told by a high court judge he must return to Iran as soon as possible, despite a petition to prevent his deportation that has more than 5,000 signatures.”

Full story

The Guardian, 22nd September 2010

Source: www.guardian.co.uk

Regina (Webb) v Secretary of State for Justice – WLR Daily

Posted September 13th, 2010 in appeals, law reports, release on licence, sentencing by sally

Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241

“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”

WLR Daily, 9th September 2010

Source: www.lawreports.co.uk

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

Police sergeant jailed for cell assault on woman – Daily Telegraph

“A police sergeant who injured a woman when he assaulted her in a cell has been jailed for six months.”

Full story

Daily Telegraph, 7th September 2010

Source: www.telegraph.co.uk

Tesco wins new Ilkley superstore appeal – BBC News

Posted September 6th, 2010 in appeals, news, planning by sally

“Supermarket giant Tesco has won permission to build a new superstore in a West Yorkshire town after a controversial planning appeal.”

Full story

BBC News, 4th September 2010

Source: www.bbc.co.uk

Sharon Shoesmith given leave to appeal court ruling on dismissal – The Guardian

Posted September 2nd, 2010 in appeals, costs, news, unfair dismissal by sally

“Sharon Shoesmith is free to appeal her failed attempt to overturn her sacking at the height of the Baby Peter affair, after a judge issued a scathing criticism of the conduct of former children’s secretary Ed Balls, and threw out all but a fraction of his claims for legal costs.”

Full story

The Guardian, 1st September 2010

Source: www.guardian.co.uk

MMR campaigner from Warrington wins £90,000 payout – BBC News

Posted August 31st, 2010 in appeals, compensation, medicines, news, vaccination by sally

“The mother of a Cheshire teenager who was left severely brain damaged by the MMR vaccine has won a compensation award from the government.”

Full story

BBC News, 29th August 2010

Source: www.bbc.co.uk

7/7 bomber’s widow loses legal aid bid – The Independent

Posted August 27th, 2010 in appeals, inquests, legal aid, news, terrorism by sally

“The widow of one of the 7/7 suicide bombers today lost her High Court bid to overturn a decision refusing her legal aid for representation at the upcoming inquest into the deaths of 52 people in the attacks in London in 2005.”

Full story

The Independent, 27th August 2010

Source: www.independent.co.uk

Legal victory for Barry George – The Independent

Posted August 26th, 2010 in appeals, compensation, judicial review, miscarriage of justice, news by sally

“Barry George, who was acquitted of the murder of television presenter Jill Dando after spending eight years behind bars, won the first round of a legal battle yesterday over a decision that he is not entitled to compensation.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

Regina v Hamer – WLR Daily

Posted August 23rd, 2010 in appeals, bad character, evidence, law reports, penalties by sally

Regina v Hamer [2010] WLR (D) 235

“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”

WLR Daily, 20th August 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 Seaton – WLR Daily

Posted August 23rd, 2010 in appeals, evidence, law reports, murder, privilege by sally

Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234

“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”

WLR Daily, 20th August 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.

Batista v Secretary of State of the Home Department – WLR Daily

Posted August 20th, 2010 in appeals, deportation, immigration, law reports by sally

Batista v Secretary of State of the Home Department [2010] EWCA Civ 896; [2010] WLR (D) 233

“When considering whether a decision to deport a national of the European Economic Area (‘EEA’) was proportionate, the court should ask itself whether members of the deportee’s family would move to the country of origin with the deportee and whether it was reasonable to expect them to do so, rather than to ask whether there were ‘insurmountable obstacles’ to them moving.”

WLR Daily, 19th August 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.

Catholic charity’s appeal over gay adoption fails – BBC News

Posted August 19th, 2010 in adoption, appeals, homosexuality, news, sexual orientation discrimination by sally

“A Roman Catholic adoption charity’s appeal to be allowed to discriminate against gay people wanting it to place children with them has been rejected.”

Full story

BBC News, 19th August 2010

Source: www.bbc.co.uk

Sex attacker’s sentence increased – The Independent

Posted August 18th, 2010 in appeals, news, sentencing, sexual offences by sally

“A drunken man who carried out a violent sexual assault on a woman walking home alone at night had his jail sentence increased by the Court of Appeal today.”

Full story

The Independent, 17th August 2010

Source: www.independent.co.uk

Wife killer Eddie Gilfoyle launches third appeal – BBC News

Posted August 16th, 2010 in appeals, Criminal Cases Review Commission, murder, news by sally

“Lawyers for a man jailed in 1993 for killing his heavily pregnant wife have launched a bid for a third appeal.”

Full story

BBC News, 13th August 2010

Source: www.bbc.co.uk

R v Geary – WLR Daily

Posted August 10th, 2010 in appeals, divorce, law reports, proceeds of crime by sally

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

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

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 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.

Health & Safety Executive v Wolverhampton City Council and another – WLR Daily

Posted August 9th, 2010 in appeals, compensation, health & safety, law reports, local government, planning by sally

Health & Safety Executive v Wolverhampton City Council and another [2010] EWCA Civ 892; [2010] WLR (D) 224

“A material consideration for a local planning authority when deciding whether to revoke or modify the grant of planning permission under s 97 of the Town and Country Planning Act 1990 was the authority’s liability to pay compensation under s 107 of the Act.”

WLR Daily, 4th August 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.

Yorkshire Ripper bids to challenge ‘whole life’ tariff – BBC News

Posted August 4th, 2010 in appeals, news, sentencing by sally

“Yorkshire Ripper Peter Sutcliffe has started a bid to challenge a High Court order that he can never be released from prison.”

Full story

BBC News, 4th August

Source: www.bbc.co.uk

Stockler v Revenue and Customs Comrs – WLR Daily

Posted August 4th, 2010 in appeals, income tax, law reports, part 36 offers, penalties by sally

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 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.