Man wins parking ticket battle over bee attack – Daily Telegraph
“A motorist who received a parking ticket after pulling into a bus lane to swat away a bee has been let off the fine.”
Daily Telegraph, 12th March 2010
Source: www.telegraph.co.uk
Category: appeals
Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily
Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67
“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”
WLR Daily, 8th 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.
Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily
“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”
WLR Daily, 8th 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.
Christian registrar denied leave to appeal gay wedding refusal – Daily Telegraph
“A Christian registrar who lost her job after she refused to carry out civil partnership ceremonies has been refused permission to appeal to the Supreme Court.”
Daily Telegraph, 9th March 2010
Source: www.telegraph.co.uk
UK’s ‘longest miscarriage of justice’ heads back to appeal court – The Guardian
“The case of a man convicted of a murder in London nearly 35 years ago is to be sent back to the court of appeal. Campaigners claim that the case is one of Britain’s longest-running miscarriages of justice.”
The Guardian, 8th March 2010
Source: www.guardian.co.uk
Snoop Dogg: US rapper wins £100,000 legal fight to visit Britain – Daily Telegraph
“The controversial American rapper, Snoop Dogg, has won an expensive legal battle against the British government, after it tried to ban him from visiting the country.”
Daily Telegraph, 9th March 2010
Source: www.telegraph.co.uk
Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily
“Where a hybrid occupational pension scheme was being wound up the benefits derived from voluntary contributions made to the scheme by the employee and matched by their employer’s contribution, ranked first in order of priority in the winding up of the scheme.”
WLR Daily, 4th 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.
RSPCA appeal against Northallerton will judgement – BBC News
“The RSPCA has started an appeal five months after losing a court battle over a £2m estate left to it in a will.”
BBC News, 6th March 2010
Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily
“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”
WLR Daily, 4th 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 v Lancaster – WLR Daily
Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63
“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”
WLR Daily, 4th 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 v NW – WLR Daily
Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62
“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”
WLR Daily, 4th 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 v W – WLR Daily
Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61
“Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence.”
WLR Daily, 3rd 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 v Upper Bay Ltd – WLR Daily
Regina v Upper Bay Ltd [2010] WLR (D) 60
“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”
WLR Daily, 3rd 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 (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) – WLR Daily
“A decision on the balance of probabilities that a school pupil had produced a knife during a fight was sufficient to found his permanent exclusion from the school. It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. The appeal panel was not determining a criminal charge against the pupil: the sanction of permanent exclusion from a particular school was insufficiently severe to render the charge against him criminal.”
WLR Daily, 2nd 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.
In re Stanford International Bank Ltd (in liquidation) – WLR Daily
In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55
“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”
WLR Daily, 1st 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.
Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily
“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”
WLR Daily, 25th 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.
Lawyers report 500 per cent rise in school admission appeals – The Independent
“Record numbers of disgruntled parents are expected to seek legal advice this week after failing to secure their children places at any of their preferred secondary schools.”
The Independent, 28th February 2010
Source: www.independent.co.uk
Bournemouth University Higher Education Corpn v Buckland – WLR Daily
Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51
“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”
WLR Daily, 24th 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.
Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily
“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”
WLR Daily, 24th 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.
Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily
“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”
WLR Daily, 24th 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.
