Cookham Wood jail breast cancer ruling quashed – BBC News
“A woman’s right to claim for damages after doctors failed to diagnose her breast cancer while she was in prison in Kent has been quashed.”
BBC News, 18th June 2010
Source: www.bbc.co.uk
Category: appeals
EAT upholds victimisation claim – Law Society’s Gazette
“A firm that ‘gratuitously’ mentioned a solicitor’s previous discrimination claim against it when providing an employment reference to another firm has lost an appeal in the Employment Appeal Tribunal.”
Law Society’s Gazette, 17th June 2010
Source: www.lawgazette.co.uk
Lawyer wins tribunal appeal over withdrawal of job offer – Law Society’s Gazette
“A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.”
Law Society’s Gazette, 17th June 2010
Source: www.lawgazette.co.uk
Baby shake childminder loses manslaughter appeal – BBC News
“A Buckinghamshire childminder has lost an appeal against her conviction for killing a baby in her care.”
BBC News, 17th June 2010
Source: www.bbc.co.uk
MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily
“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”
WLR Daily, 16th June 2010
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sex attack taxi driver has conviction appeal bid thrown out – The Independent
“A taxi driver convicted of drugging and sexually assaulting women passengers had a conviction appeal bid thrown out by top judges today.”
The Independent, 15th June 2010
Source: www.independent.co.uk
Regina v George and others – WLR Daily
Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147
“Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest.”
Full story
WLR Daily, 14th 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.
Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily
Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146
“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”
WLR Daily, 14th June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Morge) v Hampshire County Council – WLR Daily
Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145
“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”
WLR Daily, 11th 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.
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd – WLR Daily
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd [2010] EWCA Civ 609; [2010] WLR (D) 144
“The single meaning rule in defamation did not apply in claims of malicious falsehood.”
WLR Daily, 11th 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.
Cab rapist John Worboys in appeal to cut sentence – BBC News
“A London taxi driver jailed indefinitely for drugging and sexually assaulting female passengers in his black cab is launching an appeal against his sentence.”
BBC News, 15th June 2010
Source: www.bbc.co.uk
Channel Four libel case to be heard without jury – The Lawyer
“The Court of Appeal has upheld a High Court decision that said the libel case Fiddes v Channel Four and ors should be heard without a jury.”
The Lawyer, 10th June 2010
Source: www.thelawyer.com
Sarah Payne murderer has 10 years taken off minimum jail term – The Guardian
“The man who murdered Sarah Payne has had his 50-year jail term reduced by the high court in London today.”
The Guardian, 9th June 2010
Source: www.guardian.co.uk
Lord Neuberger to lead appeal panel over Channel Four libel jury case – The Lawyer
“The Master of the Rolls Lord Neuberger will examine Mr Justice Tugendhat’s decision to disallow a jury in a major libel trial against Channel Four.”
The Lawyer, 8th June 2010
Source: www.thelawyer.com
Regina (Boahen) v Secretary of State for the Home Office – WLR Daily
Regina (Boahen) v Secretary of State for the Home Office [2010] EWCA Civ 585; [2010] WLR (D) 143
“An immigration officer at the port of entry had discretionary power to cancel a visa granted overseas on the ground that the purpose of the visit was not same as stated in the visa granted and to refuse leave to enter the UK.”
WLR Daily, 3rd 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 Miller – WLR Daily
Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142
“In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope.”
WLR Daily, 3rd 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 Braithwaite – WLR Daily
Regina v Braithwaite [2010] EWCA Crim 1082; [2010] WLR (D) 141
“Material contained in police crime reports that unproven allegations had been made against a person who was someone other than a defendant, or that that person had been investigated in respect of an offence, would rarely be of substantial probative value to an issue at trial sufficient to render it admissible as evidence of bad character against that person pursuant to s 100(1)(b) of the Criminal Justice Act 2003.”
WLR Daily, 3rd 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.
Brazzill and others v Willoughby and others – WLR Daily
Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140
“A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. ‘Deposits’ had its regulatory meaning which meant it was limited to regulated depositors only.”
WLR Daily, 28th May 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.
Jones v Kernott – WLR Daily
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13
“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”
WLR Daily, 27th May 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.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135
“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”
WLR Daily, 27th May 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.
