Regina v Iqbal – WLR Daily

Posted February 5th, 2010 in appeals, confiscation, law reports, time limits by sally

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th February 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.

Former judge hits out at ‘damaging’ penalties as he grants MPs’ expenses appeals – The Guardian

Posted February 5th, 2010 in appeals, expenses, news, parliament by sally

“Sir Paul Kennedy, the former judge ­dealing with MPs’ appeals against demands for repayments after the expenses ­scandal, was deeply critical of the ­’damaging and unfair’ penalties today as he granted the majority of the 75 appeals.”

Full story

The Guardian, 4th February 2010

Source: www.guardian.co.uk

R v Hussain (Shabbir) – WLR Daily

Posted February 4th, 2010 in appeals, drug offences, law reports, medicines by sally

R v Hussain (Shabbir) [2010] WLR (D) 22

“A possessor of drugs did not commit an offence contrary to ss 4(1) and 5(3) of the Misuse of Drugs Act 1971 if he intended to supply the drugs outside the jurisdiction.”

WLR Daily, 3rd February 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.

Grays Timber Products Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 4th, 2010 in appeals, income tax, law reports, shareholders by sally

Grays Timber Products Ltd v Revenue and Customs Commissioners [2010] UKSC 4; [ 2010] WLR (D) 21

“In assessing whether employment-related securities had been disposed of for a consideration which exceeded their ‘market value’, so as to occasion a charge to income tax, it was necessary to postulate a notional sale between a hypothetical vendor and purchaser, with the personal characteristics of the actual vendor, such as his right under a subscription agreement to a disproportionately large part of the consideration paid, being ignored.”

WLR Daily, 3rd February 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.

High Court ruling reveals lawyer’s role in £380,000 aviation ‘bribe’ – Law Society’s Gazette

Posted February 4th, 2010 in airlines, appeals, bribery, news, solicitors by sally

“A senior City lawyer arranged for a £380,000 ‘bribe’ to be paid to a former Indian state official in a failed attempt to unlawfully secure a lucrative aviation contract for her clients, a High Court ruling has revealed.”

Full story

Law Society’s Gazette, 4th February 2010

Source: www.lawgazette.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 3rd, 2010 in appeals, change of use, housing, law reports, planning by sally

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Father loses legal battle over mobile mast – The Independent

Posted February 3rd, 2010 in appeals, autism, news, telecommunications by sally

“The father of an autistic daughter lost a High Court battle today against a mobile phone mast being sited outside his home.”

Full story

The Independent, 2nd February 2010

Source: www.independent.co.uk

Mother wins appeal against murder conviction – BBC News

Posted February 2nd, 2010 in appeals, murder, news by sally

“A woman jailed for killing her three-year-old son by smothering him with a pillow has had her murder conviction changed to manslaughter.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Thornton and another v Director of Public Prosecutions – WLR Daily

Posted February 2nd, 2010 in appeals, judiciary, law reports, sentencing by sally

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st February 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.

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st February 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.

’19 MPs win appeals over expenses’ – The Independent

Posted February 2nd, 2010 in appeals, expenses, news by sally

“At least a quarter of MPs’ appeals against demands for repayment of expenses have been upheld fully or in part, it was claimed today.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

How to appeal an ICO decision: new guidance published – OUT-LAW.com

Posted February 2nd, 2010 in appeals, data protection, freedom of information, news, tribunals by sally

“The new body which has taken over the power to rule on appeals from decisions of the Information Commissioner’s Office (ICO) has issued guidance on how to conduct an appeal.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Internet racism pair lose appeal – BBC News

Posted January 29th, 2010 in appeals, inciting religious hatred, internet, news, sentencing by sally

“Two men have lost their appeals against the UK’s first conviction for inciting racial hatred via a foreign website.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

Sex assault head teacher David Thorley loses appeal – BBC News

Posted January 29th, 2010 in appeals, news, sexual offences, teachers by sally

“A Pembrokeshire head teacher convicted of nine counts of sexually assaulting girls in his care has lost an appeal against his conviction.”

Full story

BBC News, 28th January 2010

Source: www.bbc.co.uk

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department – WLR Daily

Posted January 26th, 2010 in appeals, deportation, immigration, law reports, young offenders by sally

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department  [2010] EWCA Civ 10; [2010] WLR (D) 8

“Where it was sought to deport or remove a settled migrant who had spent the major part of his/her childhood in the United Kingdom, on the basis that he had committed criminal offences, the Home Secretary would have to show very serious reasons to justify his/her removal which would interfere with the migrant’s Convention right to respect for his private and family life. The decision letter should make it clear whether the decision had been made for the prevention of disorder or crime or for the maintenance of effective immigration control.”

WLR Daily, 25th January 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 Zaman – WLR Daily

Posted January 26th, 2010 in appeals, assisting offenders, crime, guilty pleas, law reports by sally

Regina v Zaman [2010] WLR (D) 7

“Where a defendant has pleaded guilty to a charge under s 4(1) of the Criminal Law Act 1967 of assisting an offender, the conviction is not rendered unsafe by reason of subsequent acquittal of the person assisted.”

WLR Daily, 25th January 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 Sky Broadcasting Group plc and another v Competition Commission and another – WLR Daily

Posted January 22nd, 2010 in appeals, competition, law reports, media, mergers by sally

British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5

“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”

WLR Daily, 21st January 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.

Mother who used heroin to kill her son launches appeal – BBC News

Posted January 22nd, 2010 in appeals, euthanasia, murder, news by sally

“A mother jailed for life for murdering her disabled son by injecting him with heroin at a care home is to appeal against the sentence and conviction.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

Sky ordered to sell down stake in ITV – The Guardian

Posted January 21st, 2010 in appeals, competition, media, mergers, news by sally

“The court of appeal today ordered BSkyB to sell down its 17.9% stake in ITV.”

Full story

The Guardian, 21st January 2010

Source: www.guardian.co.uk

Baby P killer Steven Barker loses rape appeal – BBC News

Posted January 21st, 2010 in appeals, children, news, rape, witnesses by sally

“One of the three people jailed over the death of Baby Peter has lost an appeal against his conviction for the rape of a two-year-old.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk