Welsh Assembly badger cull order quashed – The Independent
“The controversial order to cull badgers in Wales was quashed by the Court of Appeal today.”
The Independent, 13th July 2010
Source: www.independent.co.uk
Category: appeals
Revenue and Customs Commissioners v Smallwood and another – WLR Daily
Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177
“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”
WLR Daily, 9th July 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 Magro and others – WLR Daily
Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176
“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”
WLR Daily, 9th July 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.
Parliament Sq. evictions case reaches Appeal Court – The Independent
“A legal battle to evict peace campaigners from historic Parliament Square Gardens is to reach the Court of Appeal.”
The Independent, 9th July 2010
Source: www.independent.co.uk
ENE Kos 1 Ltd v Petroleo Brasileiro SA – WLR Daily
ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173
“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”
WLR Daily, 8th July 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.
Second boy to appeal against attempted rape conviction – BBC News
“A second schoolboy is appealing against his conviction for attempting to rape an eight-year-old girl in west London.”
BBC News, 5th July 2010
Source: www.bbc.co.uk
Adedoyin v Secretary of State for the Home Department – WLR Daily
Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172
“Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. The term ‘false representations’ in paras 320(7A)(7B) and 322(1A) of the Immigration Rules should be read as meaning ‘dishonest representations’, though the dishonesty need not be that of the claimant himself.”
WLR Daily, 7th July 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.
A v East Sussex County Council and another – WLR Daily
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171
“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”
WLR Daily, 7th July 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.
Test of endurance for CPS employee in race case – The Guardian
“Halima Aziz is approaching her tenth stressful year of litigation against her former employer, the Crown Prosecution Service. As an ex-CPS prosecutor in Yorkshire, her case for racial discrimination has so far been through four major court hearings, cost the state more than £1m, including a record £600,000 damages, and looks like becoming the longest-running discrimination case in history.”
The Guardian, 6th July 2010
Source: www.guardian.co.uk
Ravichandran and another v Lewisham London Borough Council – WLR Daily
Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170
“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”
WLR Daily, 5th July 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.
Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily
“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”
WLR Daily, 2nd July 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.
Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd – WLR Daily
“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”
WLR Daily, 2nd July 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.
Metropolitan Housing Trust v Hadjazi – WLR Daily
Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167
“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”
WLR Daily, 2nd July 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.
Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com
“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”
OUT-LAW.com, 2nd July 2010
Source: www.out-law.com
Parliament Square protesters win eviction reprieve – The Guardian
“The Parliament Square peace camp remained in possession of the bleached square of grass in front of the Houses of Parliament today (2 July) after winning a stay of execution minutes before an eviction order was due to be imposed.”
The Guardian, 2nd July 2010
Source: www.guardian.co.uk
Mother loses appeal over baby’s removal – The Independent
“The ‘draconian powers’ of social workers to order a child to be taken from a mother who turns out to be innocent is a cost to be paid to protect the vulnerable, appeal judges said today.”
The Independent, 2nd July 2010
Source: www.independent.co.uk
Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily
“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”
WLR Daily, 1st July 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.
Boy to appeal against attempted rape conviction – BBC News
“A primary school boy is appealing against his conviction for attempting to rape an eight-year-old girl in west London.”
BBC News, 1st July 2010
Source: www.bbc.co.uk
Khyra Ishaq starvation couple begin appeal – BBC News
“The mother and stepfather of a seven-year-old girl who starved to death have been given the go-ahead to appeal against their sentences.”
BBC New,s 1st July 2010
Source: www.bbc.co.uk
Fiddes v Channel Four Television Corporation and others – WLR Daily
Fiddes v Channel Four Television Corporation and others [2010] EWCA Civ 730; [2010] WLR (D) 163
“Observations on the applicable principles as to whether there should be a trial by jury or trial by judge alone in a libel action were made by the Court of Appeal.”
WLR Daily, 30th June 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.
