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25 Oct 2011, 2:10 am
Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another [2011] UKUT 421 (TCC); [2011] WLR (D) 301 “Guidance issued by the Charity Commission for England and Wales included errors of law in respect of the public benefit requirement contained in the Charities Act 2006 on independent schools which charged… [read post]
31 Jul 2012, 1:26 am
Joddrell v Peaktone Ltd [2012] EWCA Civ 1035; [2012] WLR (D) 229 “The deeming provision, as to the restoration of a company to the Register of Companies, contained within section 1032(1) of the Companies Act 2006, was apt retrospectively to validate an action commenced by or against a company during the period of its dissolution.” WLR Daily, 26th July 2012 Source: www.iclr.co.uk [read post]
10 Jan 2023, 5:40 am
London Court of International ArbitrationAuthor Mar9254 Licence CC BY-SA 4.0 Source Wikimedia Commmons Jane LambertCourt of Appeal (Lords justices Lewison, Popplewell and Birss) S3D Interactive Inc v Oovee Ltd [2022] WLR(D) 516, [2022] EWCA Civ 1665This was an appeal against the decision of Mr Justice Butcher to enforce a peremptory order of an arbitrator under s.42 of the Arbitration Act 1996 [read post]
16 Dec 2011, 4:25 am
Regina v Ayhan: [2011] WLR (D) 366 “An inaccurate memorandum of conviction committing a defendant to the Crown Court for sentence would not affect the validity of the committal provided the magistrates’ court had been vested with the necessary jurisdiction.” WLR Daily, 13th December 2011 Source: www.iclr.co.uk [read post]
16 Jul 2010, 9:57 am
Goluboviv v Golubovic [2010] EWCA Civ 767; [2010] WLR (D) 188 “Refusal to recognise a decree of divorce pronounced by a court in another jurisdiction within the Council of Europe, in the absence of a breach of natural justice, was a truly exceptional course. [read post]
24 Nov 2011, 3:47 am
Regina v Oldfield [2011] WLR (D) 337 “Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.” WLR Daily, 22nd November 2011 Source: www.iclr.co.uk [read post]
15 Dec 2011, 2:30 am
Regina v Gnango [2011] UKSC; [2011] WLR (D) 365 “When two gunmen chose to indulge in a gunfight in a public place, each intending to kill or cause serious injury to the other, in circumstances where there was a foreseeable risk that an innocent bystander might be injured or killed, and one of the gunmen accidenatally shot and killed a passerby, both gunmen were guilty of murder.” WLR Daily, 14th December 2011 Source: www.iclr.co.uk [read post]
18 Jul 2011, 2:30 am
Regina v K [2011] EWCA Crim 1691; [2011] WLR (D) 231 “Slavery, servitude and forced or compulsory labour were core elements of the criminal offence of trafficking into the United Kingdom for exploitation and failing to remunerate at the national minimum wage was not determinative of guilt.” WLR Daily, 8th July 2011 Source: www.iclr.co.uk [read post]
31 Jul 2012, 1:24 am
Regina v M (A) [2012] WLR (D) 228 “Where there had been a breach of the balloting requirements in the selection of members of a jury, unless the defendant made clear his objection to the breach, at or as soon as practicable after, the time it occurred the irregularity could not be corrected on appeal.” WLR Daily, 24th July 2012 Source: www.iclr.co.uk [read post]
30 Sep 2011, 3:58 am
W v M and others [2011] EWHC 2443 (Fam); [2011] WLR (D) 283 “Pursuant to section 4 of the Mental Capacity Act 2005 it was not in the best interests of a patient diagnosed as being in a minimally conscious state to authorise the withdrawal of all life sustaining treatment including nutrition and hydration by artifical means (‘ANH’).” WLR Daily, 28th September 2011 Source: www.iclr.co.uk [read post]
10 Jul 2012, 2:27 am
Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197 “A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.” WLR Daily, 6th July 2012 Source: www.iclr.co.uk [read post]
20 Jul 2010, 2:21 am
Regina v A and others [2010] EWCA Crim 1622; [2010] WLR (D) 194 “Where a murder was committed by a number of defendants acting together recent authority did not establish that the secondary party’s foresight of the principal’s intention was never relevant. [read post]
24 Nov 2011, 3:42 am
Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336 “In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.” WLR Daily, 22nd November 2011 Source: www.lawreports.co.uk [read post]
16 Mar 2012, 4:48 am
Regina v A (RJ): [2012] EWCA Crim 434; [2012] WLR (D) 76 “A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.” WLR Daily, 13th March 2012 Source: www.iclr.co.uk [read post]
27 Jul 2012, 2:10 am
NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227 “An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take. [read post]
30 Oct 2012, 4:16 am
Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296 “The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.” WLR Daily, 26th October 2012 Source: www.iclr.co.uk [read post]
18 Apr 2012, 1:45 am
Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch); [2012] WLR (D) 115 “A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.” WLR Daily, 4th April 2012… [read post]
15 Dec 2010, 2:48 am
Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325 “A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him. [read post]
25 Nov 2011, 2:46 am
McGowan v B [2011] UKSC 54; [2011] WLR (D) 339 “There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.” WLR Daily, 23rd November 2011 Source: www.iclr.co.uk [read post]
4 Jan 2011, 1:59 am
Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342 “Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety. [read post]
