Independent News & Media Ltd and others v A – WLR Daily

Posted April 13th, 2010 in appeals, Court of Protection, law reports, media, private hearings by sally

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th 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.

Regina v T (N) – WLR Daily

Posted April 8th, 2010 in appeals, assault, jurisdiction, law reports by sally

Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93

 “The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that time, informing the court that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned before being determined.”

WLR Daily, 7th 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.

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted April 8th, 2010 in appeals, costs, HM Revenue & Customs, judicial review, law reports, taxation by sally

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92

“There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area.”

WLR Daily, 7th 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.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th 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.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Posted April 8th, 2010 in appeals, company law, landlord & tenant, law reports by sally

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

WLR Daily, 7th 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.

Independent wins a ‘hugely important’ victory for the vulnerable – The Independent

“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”

Full story

The Independent, 1st April 2010

Source: www.independent.co.uk

Hearing aid man wins porn case appeal – The Independent

Posted March 30th, 2010 in appeals, disciplinary procedures, news, pornography, professional conduct by sally

“A director of a hearing aid company who kept adult pornographic images on a work computer in a file named ‘Dirty’ won a High Court battle against being struck off today.”

Full story

The Independent, 29th March 2010

Source: www.independent.co.uk

Revenue and Customs Commissioners v Kearney – WLR Daily

Posted March 25th, 2010 in appeals, law reports, national insurance, taxation, time limits by sally

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th March 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.

Lord Neuberger calls for single appeals tribunal – Law Society’s Gazette

Posted March 25th, 2010 in appeals, licensing, news, tribunals by sally

“The master of the rolls has recommended that a single body should be responsible for hearing appeals brought by lawyers or legal businesses found to have breached licensing and ownership rules. Lord Neuberger said it is essential that common standards are applicable across the profession.”

Full story

Law Society’s Gazette, 25th March 2010

Source: www.lawgazette.co.uk

Wife wins mortgage appeal after husband’s affair – The Independent

Posted March 25th, 2010 in appeals, matrimonial home, mortgages, news, repossession, undue influence by sally

“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”

Full story

The Independent, 24th March 2010

Source: www.independent.co.uk

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) – WLR Daily

Posted March 24th, 2010 in appeals, confiscation, law reports, proceeds of crime by sally

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) [2010] EWCA Civ 285; [2010] WLR (D) 84

“A court had jurisdiction to make a management receivership order over any property on the basis that it was realisable property where an issue was still to be determined between the Revenue and Customs Prosecution Office and an interested third party as to the beneficial interest in such property.”

WLR Daily, 22nd March 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.

Secret tribunal appeal for cousin of trans-Atlantic airlines bomber – Daily Telegraph

“The Home Office is attempting to hold an employment tribunal involving the cousin of a convicted terrorist in secret it has emerged.”

Full story

Daily Telegraph, 23rd March 2010

Source: www.telegraph.co.uk

Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted March 22nd, 2010 in appeals, law reports, rights of way, roads by sally

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”

WLR Daily, 19th March 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.

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily

Posted March 22nd, 2010 in appeals, fisheries, law reports, ultra vires by sally

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another [2010] EWCA Civ 263; [2010] WLR (D)

“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”

WLR Daily, 19th March 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.

Student’s jail sentence for confronting muggers is overturned – Daily Telegraph

Posted March 18th, 2010 in affray, appeals, news, offensive weapons, robbery, self-defence, victims by sally

“A student jailed for confronting a gang of muggers has been freed by judges on appeal.”

Full story

Daily Telegraph, 18th March 2010

Source: www.telegraph.co.uk

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

Posted March 18th, 2010 in appeals, child abuse, employment, law reports, vicarious liability by sally

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th March 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.

Hospital chief who stepped down after infection scandal claims payout – Daily Telegraph

Posted March 17th, 2010 in appeals, compensation, hospitals, news by sally

“The former hospital executive at the centre of Britain’s worst ever superbug outbreak has launched an appeal at the High Court to claim £175,000 for the loss of her job.”

Full story

Daily Telegraph, 17th March 2010

Source: www.telegraph.co.uk

Bradford & Bingley plc v Ashcroft – WLR Daily

Posted March 12th, 2010 in appeals, debts, law reports, limitations, mortgages by sally

Bradford & Bingley plc v Ashcroft [2010] EWCA Civ 223; [2010] WLR (D) 74

 “There was no need to re-analyse a part-payment of a mortgage debt or to put a gloss on it in terms of acknowledgment for the purposes of calculating whether or not the limitation period had expired because s 29(5) of the Limitation Act 1980 made provision for a freestanding mechanism for the computation of time.”

WLR Daily, 11th March 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.

Noble v Owens – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 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 (Smith) v Land Registry – WLR Daily

Posted March 12th, 2010 in adverse possession, appeals, law reports, limitations, roads by sally

Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72

“Title to land over which a public highway runs could not be acquired by adverse possession.”

WLR Daily, 11th March 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.