Category: law reports

Sinclair v Glatt and others – WLR Daily

Posted March 17th, 2009 in assets recovery, expenses, law reports, receivers, remuneration by sally

Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97

“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”

WLR Daily, 16th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Zeca – Times Law Reports

Posted March 17th, 2009 in law reports, robbery, sentencing, suspended sentences by sally

Regina v Zeca

Court of Appeal (Criminal Division)

“It would be unjust to activate a completed unpaid work requirement attached to a suspended order of imprisonment where an offender breached the suspended order by committing a further offence.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Edwards (Sharon) – Times Law Reports

Posted March 17th, 2009 in children, law reports, sentencing, sexual offences by sally

Regina v Edwards (Sharon)

Court of Appeal (Criminal Division)

“Legislation criminalising sexual activity with a child did not make any distinction according to whether the victim was a girl or a boy and, in sentencing for such an offence, the court should not do so either.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 16th, 2009 in law reports by sally

High Court (Chancery Division)

Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

High Court (Queen’s Bench)

Huntley v Simmonds [2009] EWHC 406 (QB) (05 March 2009)

Al Jedda v Secretary of State for Defence [2009] EWHC 397 (QB) (05 March 2009)

Huntley v Simmonds [2009] EWHC 405 (QB) (13 February 2009)

High Court (Family Division)

K v K [2008] EWHC 2553 (Fam) (23 October 2008)

High Court (Administrative Court)

EM & Ors, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 454 (Admin) (13 March 2009)

Barbone & Anor (On Behalf of Stop Stansted Expansion) v Secretary of State for Transport & Anor [2009] EWHC 463 (Admin) (13 March 2009)

High Court (Technology and Construction Court)

Bole & Anor v Huntsbuild Ltd & Anor [2009] EWHC 483 (TCC) (13 March 2009)

Source: www.bailii.org

Akhurst v Director of Public Prosecutions – WLR Daily

Posted March 16th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions; [2009] WLR (D) 96

“University grounds and buildings were not an enclosed area within the meaning of s 4 of the Vagrancy Act 1824.”

WLR Daily, 13th March

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.

Peters v East Midlands Strategic Health Authority and Another – Times Law Reports

Posted March 16th, 2009 in damages, disabled persons, law reports, negligence by sally

Peters v East Midlands Strategic Health Authority and Another

Court of Appeal

“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Cole – Times Law Reports

Posted March 16th, 2009 in bias, dangerous driving, jury directions, law reports by sally

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Cobham Hire Services Ltd v Eeles [2009] EWCA Civ 204 (13 March 2009)

Sinclair v Glatt [2009] EWCA Civ 176 (13 March 2009)

Court of Appeal (Criminal Division)

Williams, R. v [2009] EWCA Crim 107 (27 February 2009)

Wayne, R. v [2009] EWCA Crim 434 (09 March 2009)

High Court (Commercial Court)

Thames Water Utilities Ltd & Anor v Heathrow Airport Ltd & Anor [2009] EWHC 407 (Comm) (06 March 2009)

Source: www.bailii.org

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

“Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 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.

 

Bovale Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 13th, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 171; [2009] WLR (D) 94

“A judge had no power to alter the Civil Procedure Rules either by a judgment or practice direction or to vary or alter any practice direction which was binding on the court to which it was directed. Where there was a gap in the Rules or practice directions pending the giving of a practice direction, a judge had inherent jurisdiction to include procedural directions of general application in his judgment.”

WLR Daily, 12th March 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.

Proceedings brought by Gottfried Heinrich – WLR Daily

Posted March 13th, 2009 in aircraft, EC law, law reports, regulations by sally

Proceedings brought by Gottfried Heinrich (Case C – 345/06) [2009] WLR (D) 93

“The annex to Commission Regulation (EC) 622/2003 laying down measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EC) 68/2004, had no binding force in so far as it sought to impose obligations on individuals because it had not been published in the Official Journal of the European Union.”

WLR Daily, 12th March 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 (Perinpanathan) v City of Westminster Magistrates’ Court – WLR Daily

Posted March 13th, 2009 in costs, forfeiture, law reports, magistrates by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court; [2009] WLR (D) 92

“In exercising its power under s 64(1) Magistrates’ Court Act 1980 to make ‘such order as to costs … as it thinks just and reasonable’ a magistrates’ court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had reasonably been made.”

WLR Daily, 12th March 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.

Ofulue v Bossert – WLR Daily

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91

“An offer by a squatter to buy the property from the owners in a letter marked ‘without prejudice’ could not be used as evidence that she had acknowledged the owners’ title to the property so as to defeat her claim to adverse possession.”

WLR Daily, 12th March 2009

Source: www.lawreprots.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – WLR Daily

Posted March 13th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same [2009] UKHL 15; [2009] WLR(D) 90

“The Regulation of Investigatory Powers Act 2000 (‘RIPA’) permitted covert surveillance of communications between lawyers and their clients covered by legal professional privilege and notwithstanding any statutory rights of persons in custody to consult privately with their lawyers.”

WLR Daily, 12th March 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.

Ofulue and Another v Bossert – Times Law Reports

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

Ofulue and Another v Bossert

House of Lords

“Where an occupier disputing possession proceedings made an offer to the owners to buy the property in a ‘without prejudice’ letter, which was rejected, but later claimed that the title of the property had passed to her because of 12 years’ adverse possession, the owners could not rely on the letter as evidence that she had acknowledged their title to the property so as to defeat her claim.”

The Times, 13th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Prizedome Ltd & Anor v Revenue & Customs [2009] EWCA Civ 177 (12 March 2009)

High Court (Chancery Division)

Umbro International Ltd v Revenue & Customs [2009] EWHC 438 (Ch) (12 March 2009)

Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)

J, Re (Enduring Power of Attorney) [2009] EWHC 436 (Ch) (12 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 12th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pullen, R. v [2009] EWCA Crim 380 (20 February 2009)

Dixie, R. v [2009] EWCA Crim 188 (03 February 2009)

Cahill, R. v [2009] EWCA Crim 420 (26 February 2009)

High Court (Chancery Division)

Dean & Dean (A Firm) v Angel Airlines SA & Ors [2009] EWHC 447 (Ch) (11 March 2009)

Red River (UK) Ltd & Anor v Sheikh & Anor [2009] EWHC 431 (Ch) (09 March 2009)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)

Source: www.bailii.org

Tann v Herrington – WLR Daily

Posted March 12th, 2009 in insurance, law reports, negligence, partnerships by sally

Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89

“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”

WLR Daily, 11th March 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 v Seddon – WLR Daily

Posted March 12th, 2009 in bail, extradition, law reports, warrants by sally

R v Seddon; [2009] WLR (D) 88

“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”

WLR Daily, 11th March 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.

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th March 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.