Category: law reports

Regina (G) v Governors of X School – Times Law Reports

Posted April 24th, 2009 in disciplinary procedures, human rights, law reports, legal representation, tribunals by sally

Regina (G) v Governors of X School

Queen’s Bench Division

“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

Regina v Powar (Harbinder) Regina v Powar (Kulwinder) – Times Law Reports

Posted April 24th, 2009 in anonymity, law reports, witnesses by sally

Regina v Powar (Harbinder) Regina v Powar (Kulwinder)

Court of Appeal

“Anonymous witnesses must not routinely be called in the prosecution of serious crime, but now that the intimidation of witnesses had become an ugly feature of contemporary life, witness anonymity orders should not be confined to cases of terrorism or gangland killings.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 23rd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Hicks v R [2009] EWCA Crim 733 (21 April 2009)

High Court (Chancery Division)

Cobbetts LLP & Anor v Hodge [2009] EWHC 786 (Ch) (22 April 2009)

High Court (Administrative Court)

Colney Heath Parish Council v Secretary of State for Communities & Local Government & Ors [2009] EWHC 787 (Admin) (22 April 2009)

High Court (Commercial Court)

Colour Quest Ltd & Ors v Total Downstream UK Plc & Ors (Rev 1) [2009] EWHC 823 (Comm) (22 April 2009)

Source: www.bailii.org

Regina (Coleman) v Governor of Wayland Prison and Another – Times Law Reports

Posted April 23rd, 2009 in judicial review, law reports, prisons by sally

Regina (Coleman) v Governor of Wayland Prison and Another

Queen’s Bench Division

“A prison governor had no power, whether under the Prison Rules (SI 1999 No 728) or the common law, to destroy a mobile telephone confiscated from a prisoner.”

The Times, 23rd April 2009

Source: www.timesonline.co.uk

Regina v Khan Regina v Lockett; Regina v Carrington – Times Law Reports

Posted April 23rd, 2009 in confiscation, customs and excise, law reports by sally

Regina v Khan Regina v Lockett; Regina v Carrington

Court of Appeal (Criminal Division)

“Confiscation orders made under old regulations in tobacco-smuggling cases had to be quashed because the prosecuting authority had overlooked the fact that new regulations had narrowed the categories of persons liable to pay excise duty.”

The Times, 23rd April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Whippey v Jones [2009] EWCA Civ 452 (08 April 2009)

So v HSBC Bank Plc & Anor [2009] EWCA Civ 296 (03 April 2009)

High Court (Chancery Division)

Heslop v Bishton & Ors [2009] EWHC 607 (Ch) (20 April 2009)

High Court (Commercial Court)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2009] EWHC 812 (Comm) (21 April 2009)

High Court (Admiralty Division)

George v Coastal Marine 2004 Ltd (t/a Mashfords) [2009] EWHC 816 (Admlty) (21 April 2009)

Source: www.bailii.org

H (a Child) v East Sussex County Council – Times Law Reports

Posted April 22nd, 2009 in law reports, reasons, special educational needs, tribunals by sally

H (a Child) v East Sussex County Council

Court of Appeal

“Special educational needs tribunals were required to give only summary reasons for their decisions.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 20th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

AT & Anor, R. v [2009] EWCA Crim 668 (12 March 2009)

High Court (Queen’s Bench Division)

Watersheds v Simms [2009] EWHC 713 (QB) (12 March 2009)

High Court (Family Division)

Re A (Minor) V [2009] EWHC 710 (Fam) (17 March 2009)

Source: www.bailii.org

Sinclair and Another v Glatt and Others – Times Law Reports

Posted April 16th, 2009 in assets recovery, expenses, law reports, receivers, remuneration by sally

Sinclair and Another v Glatt and Others

Court of Appeal

“A court-appointed receiver could have a lien on the property held in a convict’s name even though he had only a bare legal interest in it. A pending financial relief claim of the former wife of the convict had no priority over the receiver’s lien.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Posted April 16th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and Another v XL Insurance Co Ltd

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd – Times Law Reports

Posted April 15th, 2009 in aircraft, law reports, misrepresentation, rescission, unfair contract terms by sally

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

Court of Appeal

“International supply contracts which excluded liability for misrepresentation and the right to rescind were not subject to the requirement of reasonableness.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

Regina (Bunce) v Pensions Appeal Tribunal and Another – Times Law Reports

Posted April 15th, 2009 in armed forces, disabled persons, law reports, pensions by sally

Regina (Bunce) v Pensions Appeal Tribunal and Another

Court of Appeal

“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 14th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

McMillan-Smith, R. v [2009] EWCA Crim 732 (08 April 2009)

Awosika, R. v [2009] EWCA Crim 625 (18 March 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd [2009] EWHC 781 (QB) (08 April 2009)

Peacock v MGN Ltd [2009] EWHC 769 (QB) (08 April 2009)

High Court (Administrative Division)

Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin) (08 April 2009)

Source: www.bailii.org

R (Tait) v Criminal Injuries Compensation Appeals Panel – WLR Daily

Posted April 14th, 2009 in criminal injuries compensation, law reports by sally

R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138

“As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person was not determinative of the question whether the vehicle was used so as deliberately to inflict or attempt to inflict injury on any person, because it was not inconsistent with a finding that it was nevertheless the driver’s intention to cause injury; if such an intention was proved, the para 11 exception would not apply to render the injured person ineligible for compensation.”

WLR Daily, 9th April 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.

Smallwood and others v Revenue and Customs Comrs – WLR Daily

Posted April 14th, 2009 in capital gains tax, double taxation, law reports by sally

Smallwood and others v Revenue and Customs Comrs [2009] EWHC 777 (Ch); [2009] WLR(D) 137

“Art 13(4) of the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 (SI 1981/1121) gave the right to tax capital gains to the state in which there was residence at the time of the disposition.”

WLR Daily, 9th April 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.

Emerald Supplies Ltd v British Airways plc – WLR Daily

Posted April 14th, 2009 in civil procedure rules, class actions, competition, law reports by sally

Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136

“The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself.”

WLR Daily, 9th April 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.

Orchard v Lee – Times Law Reports

Posted April 14th, 2009 in law reports, personal injuries, school children by sally

Orchard v Lee

Court of Appeal

“A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game was not liable for an injury caused to a playground supervisor.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Slack and Others v Cumbria County Council – Times Law Reports

Posted April 14th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Akhurst v Director of Public Prosecutions – Times Law Reports

Posted April 14th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions

Queen’s Bench Divisional Court

“University grounds and buildings were not an enclosed area for the purposes of the Vagrancy Act 1824 which referred to any dwelling house, warehouse, coach house, stable or outhouse, enclosed yard, garden or area.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Birmingham City Council v Dixon – Times Law Reports

Posted April 14th, 2009 in ASBOs, law reports by sally

Birmingham City Council v Dixon

Queen’s Bench Divisional Court

“Evidence of a defendant’s antisocial behaviour which occurred after the making of an application for an antisocial behaviour order against him was admissible when a court was determining (i) whether a defendant had acted in an antisocial manner and (ii) whether it was necessary to make an antisocial behaviour order.”

The Times, 13th April 2009

Source: www.timesonline.co.uk