Daughter’s new inquest bid on Anglesey mother refused – BBC News
“A daughter has lost a High Court attempt for another inquest into her mother’s death.”
BBC News, 25th May 2010
Source: www.bbc.co.uk
Category: appeals
Jones v Kernott – WLR Daily
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136
“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 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 Crim 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 reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Motorist challenges Gatso cameras – Daily Telegraph
“A motorist has embarked on a landmark legal battle against speed cameras, claiming that Gatso units may issue false tickets in cold weather.”
Daily Telegraph, 27th May 2010
Source: www.telegraph.co.uk
Cohabiting couples share property rights – The Independent
“Unmarried couples who buy homes together could be entitled to an equal share of the property if they split up even if only one party has paid the mortgage and maintained the home, the appeal court ruled yesterday.”
The Independent, 27th May 2010
Source: www.independent.co.uk
L’Oréal SA and others v Bellure NV and others – WLR Daily
L’Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535; [2010] WLR (D) 134
“The effect of the ruling of the Court of Justice of the European in L’Oréal SA v Bellure NVs (Case C-487/07) [2010] Bus LR 303 was that the use of comparative lists, whereby traders of smell-alike perfume products cited, for marketing purposes, the products in the market to which their own products smelt similar, was unlawful.”
WLR Daily, 24th May 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.
Court victory for cigarette butt man – The Independent
“A man fined £50 for dropping a cigarette butt down a drain celebrated a victory when the case was thrown out of court.”
The Independent, 24th May 2010
Source: www.independent.co.uk
Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily
“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”
WLR Daily, 21st 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.
British Airways plc v Unite the Union – WLR Daily
British Airways plc v Unite the Union [2010] WLR (D) 131
“When, following a ballot the result of which supported strike action, one was asking whether a union and its members were protected from a claim in tort under certain provisions within Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, the conditions contained in s 231 of the Act as to the provision by the union of information to its members concerning the results of the ballot were critical. However, s 231 was poorly drafted and it was not appropriate to adopt an over-literal interpretation of its wording.”
WLR Daily, 21st 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.
Regina v Kluxen; Regina v Rostas and another – WLR Daily
Regina v Kluxen; Regina v Rostas and another [2010] EWCA Crim 1081; [2010] WLR (D) 128
“Where the Secretary of State for the Home Department was required by s 32 of the United Kingdom Borders Act 2007 to make a deportation order in respect of a foreign criminal, namely a person who was not a British citizen and who had been convicted of an offence and sentenced to imprisonment or detention of at least 12 months, it was not appropriate or necessary for the sentencing court to recommend the deportation of that person.”
WLR Daily, 18th 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.
Regina v R (L) – WLR Daily
Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126
“Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. Where the Crown had possession of such material it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of the material with his lawyers, unsupervised and unobserved by police officers or Crown representatives.”
WLR Daily, 18th 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.
Regina v W and others – WLR Daily
Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125
“Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in accordance with the aims of Parliament and Council Directive 2006/12/EC and therefore no longer constituted waste. The recipient’s intention to re-use waste material did not alter its status as waste, although actual re-use, if in accordance with the aims of the Directive, could.”
WLR Daily, 18th 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.
Appeal court upholds ruling that CPS case was abuse of process – Law Society’s Gazette
“A prosecution for possession of indecent images of a child has been stayed as an abuse of process after the Crown Prosecution Service refused to make copies of the images for the defence, claiming that to do so would lead CPS staff to commit an offence.”
Full story
Law Society’s Gazette, 20th May 2010
Source: www.lawgazette.co.uk
TV remote killer Paul Harvey wins sentence cut – The Independent
“A man whose wife died by a ‘fluke’ chance when a TV remote he threw towards her hit her head today had his jail sentence reduced by the Court of Appeal.”
The Independent, 19th May 2010
Source: www.independent.co.uk
Widow to lose home over legal battle with neighbour – Daily Telegraph
“An 79-year-old widow is losing her home after a bitter 11 year legal wrangle over a 3 inch strip of land.”
Daily Telegraph, 18th May 2010
Source: www.telegraph.co.uk
Pakistani students arrested in terror raids win deportation battle – Daily Telegraph
“Two men who were arrested in major counter-terrorism raids but never charged today won their appeals against deportation.”
Daily Telegraph, 18th May 2010
Source: www.telegraph.co.uk
Claims against the police still difficult, and no help from human rights law – The Guardian
“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”
The Guardian, 17th May 2010
Source: www.guardian.co.uk
Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same – WLR Daily
“Where a trader had means of knowing that by his purchase he was participating in a transaction connected with fraudulent evasion of VAT he lost his right to deduct input tax but only when he knew or should have known that the transaction was connected to fraud. To lose his entitlement it was not sufficient that the taxpayer knew or should have known that it was more likely than not that his purchase was connected to fraud.”
WLR Daily, 14th 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.
Cooper v Attorney General – WLR Daily
Cooper v Attorney General [2010] EWCA Civ 464; [2010] WLR (D) 122
“The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between that breach and the loss or damage sustained by the injured parties. In assessing whether there had been a sufficiently serious breach, domestic case law in particular carried weight where it purported to interpret and apply the relevant Community law.”
WLR Daily, 13th 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
Teesside hammer killer refused Guardian interview – BBC News
“A psychopath who bludgeoned a Teesside doctor to death with a hammer has been refused the right to a face-to-face interview with a newspaper journalist.”
BBC News, 14th May 2010
Source: www.bbc.co.uk
