Eversheds to fight employment tribunal bias ruling – Law Society’s Gazette

“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”

Full story

Law Society’s Gazette, 13th May 2010

Source: www.lawgazette.co.uk

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily

Posted May 13th, 2010 in appeals, confiscation, customs and excise, law reports, VAT by sally

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120

“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”

WLR Daily, 12th 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.

In re Kaupthing Singer & Friedlander Ltd (in administration) – WLR Daily

Posted May 13th, 2010 in administration orders, appeals, banking, debts, insolvency, law reports, set-off by sally

In re Kaupthing Singer & Friedlander Ltd (in administration) [2010] EWCA Civ 518; [2010] WLR (D) 119

“After the set-off of cross-claims as between a company in administration and one of its creditors, the balance payable by a creditor to the company under r 2.85(8) of the Insolvency Rules 1986 in respect of a future debt was not to be a sum discounted to present value under r 2.105 but was to be an equivalent undiscounted amount.”
WLR Daily, 11th May 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman who smothered grandmother loses murder appeal – BBC News

“A West Yorkshire woman who was secretly taped confessing to smothering her grandmother has lost an appeal against her murder conviction.”

Full story

BBC News, 11th May 2010

Source: www.bbc.co.uk

Algerian terror suspect allowed to stay for children – Daily Telegraph

Posted May 10th, 2010 in appeals, children, deportation, news, terrorism by sally

“An Algerian terror suspect has been allowed to stay in Britain because attempts to remove him have taken so long his children are now settled here.”

Full story

Daily Telegraph, 9th May 2010

Source: www.telegraph.co.uk

Regina v Neish – WLR Daily

Posted May 10th, 2010 in appeals, confiscation, delay, law reports by sally
“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 2010
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Cooper (John) – WLR Daily

Posted May 10th, 2010 in appeals, evidence, law reports, perjury, witnesses by sally
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010

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

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily

Posted May 7th, 2010 in appeals, damages, fraud, law reports by sally

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114

“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”

WLR daily, 6th 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 Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th 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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th 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.

Edlington brothers are refused appeal against sentences – The Guardian

Posted May 5th, 2010 in appeals, news, sentencing by sally

“Two young brothers who beat, tortured and abused a pair of younger children on waste ground near Edlington, South Yorkshire, have been refused permission to appeal against their indeterminate sentences.”

Full story

The Guardian, 5th May 2010

Source: www.guardian.co.uk

Edlington boys to appeal against torture sentences – BBC News

Posted May 5th, 2010 in appeals, news, sentencing by sally

“Two brothers who subjected two young boys to prolonged torture are to appeal against their sentences.”

Full story

BBC News, 5th May 2010

Source: www.bbc.co.uk

Controversial paediatrician David Southall wins appeal – The Guardian

Posted May 4th, 2010 in appeals, disciplinary procedures, doctors, expert witnesses, news by sally

“Controversial paediatrician David Southall was today restored to the medical register after the court of appeal rejected a decision of the General Medical Council (GMC) to strike him off.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 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.

Muuse v Secretary of State for the Home Department – WLR Daily

Posted April 30th, 2010 in appeals, damages, detention, law reports, misfeasance in public office by sally

Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108

“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”

WLR Daily, 28th April 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.

HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same – WLR Daily

Posted April 30th, 2010 in appeals, immigration, law reports by sally

HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same; [2010] EWCA Civ 42; ; [2010] WLR (D) 107

“Where the route and manner of return of an illegal immigrant to a safe haven were known or could be implied, the first tier tribunal had to consider whether the claimant would be put at risk if returned by that route.”

WLR Daily, 28th April 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.

Great-grandmother tagged over goldfish sale overturns sentence – Daily Telegraph

Posted April 29th, 2010 in animals, appeals, electronic monitoring, news, sentencing by sally

“A great-grandmother fitted with an electronic tag after a goldfish was sold to a teenager at her pet shop has had her sentence quashed.”

Full story

Daily Telegraph, 29th April 2010

Source: www.telegraph.co.uk

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

Religion row as appeal judge dismisses Christian’s sacking appeal – The Guardian

“A marriage guidance counsellor’s bid to challenge his sacking for refusing to give sex therapy to homosexuals has led to a serious clash between the Christian lobby and the judiciary.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Hughes v Borodex Ltd – WLR Daily

Posted April 29th, 2010 in appeals, landlord & tenant, law reports, rent by sally

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

WLR Daily, 28th April 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.