‘Torture’ man wins appeal right – BBC News

“A Briton who says he was tortured in Pakistan with the complicity of UK security services has won the right to appeal against his terror convictions.”

Full story

BBC News, 30th June 2010

Source: www.bbc.co.uk

Ex-MPs and peer on expenses charges ‘not above the law’ – The Independent

Posted June 30th, 2010 in appeals, expenses, false accounting, news, parliamentary privilege by sally

“An appeal brought by three former Labour MPs and a Tory peer facing trial over allegations that they fiddled their expenses was not an attempt to ‘take them above the law’, three of the country’s top judges heard today.”

Full story

The Independent, 29th June 2010

Source: www.independent.co.uk

‘Coconut’ row councillor in race conviction appeal – BBC News

Posted June 30th, 2010 in appeals, local government, news, racism by sally

“A black councillor who called an Asian colleague a ‘coconut’ will appeal against her conviction for racial harassment, her solicitor has said.”

Full story

BBC News, 29th June 2010

Source: www.bbc.co.uk

Deane v Secretary of State for Work and Pensions – WLR Daily

Posted June 29th, 2010 in appeals, benefits, carers, disqualification, education, law reports, tribunals by sally

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 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.

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Posted June 29th, 2010 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th 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.

Khyra Ishaq’s mother appeals over prison sentence – BBC news

Posted June 28th, 2010 in appeals, child abuse, diminished responsibility, homicide, news, sentencing by sally

“The mother of a seven-year-old girl who was starved to death at her home in Birmingham has lodged an appeal to reduce her jail sentence.”

Full story

BBC News, 28th June 2010

Source: www.bbc.co.uk

Disgraced Ali Dizaei to make renewed conviction appeal – The Independent

Posted June 28th, 2010 in appeals, corruption, news, police by sally

“Sacked police officer Ali Dizaei is to make a last ditch bid to have his conviction for corruption overturned, his solicitor said today.”

Full story

The Independent, 28th June 2010

Source: www.independent.co.uk

Regina v Lee – WLR Daily

Posted June 28th, 2010 in appeals, law reports, medicines, pharmacists, self-employment by sally

Regina v Lee [2010] EWCA Crim 1404; [2010] WLR (D) 160

“The offence under s 85(5)(b) of the Medicines Act 1968 of selling or supplying a medicinal product which was misleadingly labelled or marked in respect of the nature or quality of the product, where such sale or supply was done by a person ‘in the course of a business carried on by him’, could not be committed by a person who was merely employed or engaged by the business which carried out the sale or supply, but was committed by the employer, namely the person or body carrying on the business.”

WLR Daily, 25th 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.

Regina v Brewster – WLR Daily

Posted June 28th, 2010 in appeals, bad character, evidence, law reports, witnesses by sally

Regina v Brewster  [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th 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.

FOI does not require disclosure of BBC report, rules Court of Appeal – OUT-LAW.com

Posted June 25th, 2010 in appeals, BBC, disclosure, freedom of information, media, news, reports by sally

“The BBC does not have to publish a report into its Middle East coverage, the Court of Appeal has ruled. A Freedom of Information (FOI) Act exemption for journalism applies to material even if it is held for other purposes, said the Court.”

Full story

OUT-LAW.com, 25th June 2010

Source: www.out-law.com

Kenneth Noye fails to have murder term reduced – Daily Telegraph

Posted June 25th, 2010 in appeals, murder, news, sentencing by sally

“Road rage killer Kenneth Noye failed today in his bid to have the minimum life term he must serve for murder reduced.”

Full story

Daily Telegraph, 25th June 2010

Source: www.telegraph.co.uk

Teesside woman child sex abuser’s appeal rejected – BBC News

Posted June 25th, 2010 in appeals, children, news, sentencing, sexual offences by sally

“A Teesside woman who had sex with a 12-year-old boy has been told she deserved every day of her nine-year jail term.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Pankina v Secretary of State for the Home Dept; Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept – WLR Daily

Posted June 25th, 2010 in appeals, immigration, law reports by sally

Pankina v Secretary of State for the Home Dept;  Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept [2010] EWCA Civ 719; [2010] WLR (D) 158

 “The immigration rules could not lawfully incorporate provisions set out in another document which had not itself been laid before Parliament and was able to be altered after the rule had been laid before Parliament.”

WLR Daily, 24th 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.

British Broadcasting Corporation and another v Sugar (No 2) – WLR Daily

Posted June 25th, 2010 in appeals, BBC, disclosure, freedom of information, law reports, media, reports by sally

British Broadcasting Corporation and another v Sugar (No 2) [2010] EWCA Civ 715; [2010] WLR (D) 157

“Once it was established that information, requested under the Freedom of Information Act 2000, was held by the BBC as a public authority for the purposes of journalism (a word that was to be given its natural meaning), it was effectively exempt from production under the 2000 Act, even if the information was also held by the authority for other purposes.”

WLR Daily, 24th 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.

Kent bug scandal NHS boss awarded damages – BBC News

Posted June 24th, 2010 in appeals, contract of employment, damages, hospitals, news by sally

“The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Rangzieb Ahmed to appeal terrorism conviction – The Guardian

Posted June 24th, 2010 in appeals, intelligence services, news, private hearings, terrorism, torture by sally

“Media organisations want appeal of Manchester man, who complained that MI5 was complicit in his torture in Pakistan, to be heard in open court.”

Full story

The Guardian, 24th June 2010

Source: www.guardian.co.uk

Timbrell v Secretary of State for Work and Pensions – WLR Daily

Posted June 24th, 2010 in appeals, law reports, pensions, retrospectivity, sex discrimination by sally

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”
WLR Daily, 23rd June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Boy rapist’s life sentence reduced on appeal – BBC News

Posted June 23rd, 2010 in appeals, news, rape, release on licence, sentencing, young offenders by sally

“A 12-year-old County Durham schoolboy who raped his teacher has had his life sentence reduced on appeal.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.co.uk

FA (Iraq) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2010 in appeals, asylum, immigration, law reports by sally

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152

“Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal.”

WLR Daily, 21st 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.

Rabone and another v Pennine Care NHS Trust – WLR Daily

Posted June 22nd, 2010 in appeals, duty of care, hospitals, law reports, suicide by sally

Rabone and another v Pennine Care NHS Trust [2010] EWCA Civ 698; [2010] WLR (D) 152

“Health trusts did not have an obligation to take special preventive measures to protect voluntary mental patients from the risk of suicide, even where that risk was ‘real and immediate’. The obligation existed in the case of persons for whom the state had assumed responsibility by their detention under the Mental Health Act 1983.”

WLR Daily, 21st June 2010

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.