R v Clarke (Joseph) – WLR Daily

Posted June 17th, 2009 in conditional discharge, confiscation, law reports, sentencing by sally

R v Clarke (Joseph) [2009] EWCA Crim 1074; [2009] WLR (D) 188

“The Crown Court had no power to impose a confiscation order against a defendant following conviction of an offence for which he or she had been sentenced by way of an absolute or conditional discharge.”

WLR Daily, 16th June 2009

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.

Bocardo SA v Star Energy UK Onshore Ltd and anr – WLR Daily

Posted June 17th, 2009 in law reports, oil wells, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and anr [2009] EWCA Civ 579; [2009] WLR (D) 187

“A party, under licence from the Crown to search for, bore and obtain oil, which drilled and used pipelines to extract the oil from land without the grant of permission by the owner of the paper title in exclusive possession of that land, committed a trespass, although such trespass was purely technical in that no interference was effected on the landowner’s use or enjoyment of his land, nor did the latter have any rights to the oil which belonged exclusively to the Crown and its licensee.”

WLR Daily, 16th June 2009

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.

Alexis v Newham London Borough Council – WLR Daily

Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable in all the circumstances to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

WLR Daily, 16th June 2009

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.

R (Abdullah) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2009 in asylum, EC law, law reports, marriage by sally

R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185

“Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and reg 29 of the Immigration (European Economic Area) Regulations 2006 by reason of there being pending an appeal against the refusal of his application for a residence card under reg 17 of those regulations.”

WLR Daily, 16th June 2009

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.

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Posted June 17th, 2009 in confidentiality, human rights, law reports, prisons by sally

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 17th, 2009 in health & safety, law reports by sally

Baker and Others v Quantum Clothing and Others

Court of Appeal

Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.

The Times, 17th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Official Receiver v McKay [2009] EWCA Civ 467 (16 June 2009)

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2009] EWCA Civ 498 (16 June 2009)

High Court (Queen’s Bench Division)

The Author of A Blog v Times Newspapers Ltd [2009] EWHC 1358 (QB) (16 June 2009)

High Court (Administrative Court)

Farnesi v Court of Livorno, Italy [2009] EWHC 1199 (Admin) (19 May 2009)

High Court (Patents Court)

Tate & Lyle Technology Ltd v Freres [2009] EWHC 1312 (Pat) (16 June 2009)

Source: www.bailii.org

In re M (Restraint order: Reasonable living expenses) – Times Law Reports

Posted June 16th, 2009 in expenses, law reports, legal representation, restraint orders by sally

In re M (Restraint order: Reasonable living expenses)

Court of Appeal (Criminal Division)

“Where reasonable living expenses were made available as an exception to a restraining order, those expenses could not be used to pay contributions to the Legal Services Commission for publicly funded representation in related proceedings.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 16th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

House of Lords

“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

B(J), R. v [2009] EWCA Crim 1036 (14 May 2009)

Court of Appeal (Civil Division)

Lewis & Anor v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448 (12 June 2009)

High Court (Chancery Division)

Benedetti & Anor v Sawiris & Ors [2009] EWHC 1330 (Ch) (15 June 2009)

High Court (Queen’s Bench Division)

Motto & Ors v Trafigura Ltd & Anor [2009] EWHC 1246 (QB) (18 May 2009)

Pankhurst v White & Anor [2009] EWHC 1117 (QB) (10 June 2009)

High Court (Administrative Court)

Gabriel v Court of First Instance and Instruction No 1 of Cadiz, Spain [2009] EWHC 1282 (Admin) (03 June 2009)

Mehmet, R (on the application of) v Secretary of State for Justice [2009] EWHC 1202 (Admin) (02 June 2009)

High Court (Commercial Court)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2009] EWHC 1334 (Comm) (06 May 2009)

High Court (Patents Court)

Kapur v Comptroller General of Patents [2009] EWHC 1302 (Pat) (14 May 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

DS (India) v Secretary of State for the Home Department [2009] EWCA Civ 544 (12 June 2009)

Court of Appeal (Criminal Division)

G(G) and B(S), R. v [2009] EWCA Crim 1077 (12 June 2009)

Campbell, R. v [2009] EWCA Crim 1076 (12 June 2009)

High Court (Chancery Division)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2009] EWHC 1326 (Ch) (12 June 2009)

JN Dairies Ltd. v Johal Dairies Ltd & Anor [2009] EWHC 1331 (Ch) (12 June 2009)

Campbell & Anor v Banks & Ors [2009] EWHC 1147 (Ch) (12 June 2009)

High Court (Administrative Court)

D (A Child), R (on the application of) v Birmingham City Council [2009] EWHC 1319 (Admin) (12 June 2009)

High Court (Patents Court)

Edwards Lifesciences AG v Cook Biotech Incorporated [2009] EWHC 1304 (Pat) (12 June 2009)

Source: www.bailii.org

Secretary of State for Work and Pensions v Yates – WLR Daily

Posted June 15th, 2009 in domicile, inflation, law reports, pensions, widows by sally

Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184

“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”

WLR Daily, 12th June 2009

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.

Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily

Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183

“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”

WLR Daily, 12th June 2009

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.

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily

Posted June 15th, 2009 in EC law, law reports, trade marks by sally

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182

“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”

WLR Daily, 12th June 2009

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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 2009

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.

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 2009

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.

Ainsworth and Others v Inland Revenue Commissioners – Times Law Reports

Posted June 15th, 2009 in holiday pay, law reports, remuneration, sick leave by sally

Ainsworth and Others v Inland Revenue Commissioners

House of Lords

“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

(HR) (Portugal) v Secretary of State for the Home Department – Times Law Reports

Posted June 15th, 2009 in deportation, EC law, imprisonment, law reports by sally

(HR) (Portugal) v Secretary of State for the Home Department

Court of Appeal

“Time spent in jail in the United Kingdom by a national of the European Economic Area was not counted when calculating whether he had live in the country continuously for at least ten years before the decision to deport him.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Freeman v London Borough of Islington [2009] EWCA Civ 536 (11 June 2009)

B (A Child), Re [2009] EWCA Civ 545 (11 June 2009)

Pickthall & Anor v Hill Dickinson Llp [2009] EWCA Civ 543 (11 June 2009)

High Court (Administrative Court)

A.S., R (on the application of) v Secretary of State for Justice [2009] EWHC 1315 (Admin) (08 June 2009)

High Court (Chancery Division)

Revenue and Customs v The Rank Group [2009] EWHC 1244 (Ch) (08 June 2009)

Supperstone v Hurst & Anor [2009] EWHC 1271 (Ch) (08 June 2009)

Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1295 (Ch) (10 June 2009)

HM Revenue & Customs v Benchdollar Ltd & Ors [2009] EWHC 1310 (Ch) (11 June 2009)

Cygnet Healthcare Ltd v Greenswan Consultants Ltd [2009] EWHC 1318 (Ch) (11 June 2009)

Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi VE Pazarlama A.S. & Ors [2009] EWHC 1276 (Ch) (11 June 2009)

High Court (Family Division)

Y v Q & Anor [2009] EWHC B9 (Fam) (28 May 2009)

High Court (Queen’s Bench Division)

Wilkinson v Fitzgerald & Anor [2009] EWHC 1297 (QB) (11 June 2009)

Source: www.bailii.org

Regina v Islam – Times Law Reports

Posted June 12th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

Regina v Islam

House of Lords

“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”

Times Law Reports, 12th June 2009

Source: www.timesonline.co.uk