Category: law reports

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted January 28th, 2009 in criminal procedure, law reports, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23

“The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”

WLR Daily, 26th January 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.

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th January 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 January 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)

High Court (Administrative Court)

Amber Valley Borough Council v Secretary of State for Communities and Local Government [2009] EWHC 80 (Admin) (23 January 2009)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)

Source: www.bailii.org

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22

“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”

WLR Daily, 26th January 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.

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 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 (Wright and others) v Secretary of State for Health and another – WLR Daily

Posted January 27th, 2009 in care workers, human rights, law reports by sally

R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20

“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”

WLR Daily, 26th January 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 (Black) v Secretary of State for Justice – WLR Daily

Posted January 27th, 2009 in human rights, law reports, prisons, release on licence by sally

R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19

“S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not infringe art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 26th January 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.

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted January 27th, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 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 January 26th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd & Anor [2009] EWCA Civ 16 (23 January 2009)

Adorian v The Commissioner of Police of the Metropolis [2009] EWCA Civ 18 (23 January 2009)

MS (Palestinian Territories) v Secretary of State for the Home Department [2009] EWCA Civ 17 (23 January 2009)

High Court (Administrative Court)

Merseyside Police Authority v Police Medical Appeal Board & Ors [2009] EWHC 88 (Admin) (23 January 2009)

Alam v London Borough of Tower Hamlets [2009] EWHC 44 (Admin) (23 January 2009)

Friends of Basildon Golf Course v Basildon District Council & Anor [2009] EWHC 66 (Admin) (23 January 2009)

High Court (Chancery Division) 

Clarence House Ltd v National Westminster Bank Plc [2009] EWHC 77 (Ch) (23 January 2009)

HM Revenue & Customs v FLIR Systems AB [2009] EWHC 82 (Ch) (23 January 2009)

High Court (Patents Court)

Laboratorios Almirall SA v Boehringer Ingelheim International GmbH [2009] EWHC B1 (Pat) (23 January 2009)       

High Court (Queen’s Bench Division)

Goby (A Child) v Ferguson [2009] EWHC 92 (QB) (23 January 2009)

Maher & Anor v Groupama Grand EST [2009] EWHC 38 (QB) (23 January 2009)

High Court (Technology and Construction Court)

Dorchester Hotel Ltd v Vivid Interiors Ltd [2009] EWHC 70 (TCC) (19 January 2009)

Source: www.bailii.org

R (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 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.

Regina v Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee – Times Law Reports

Posted January 26th, 2009 in burglary, law reports, sentencing, victims by sally

Regina v Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee

Court of Appeal

“When sentencing defendants for domestic burglary, the judge should have in mind the impact of the offence on the victim, as well as the culpability of the defendant.”

The Times, 26th January 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.

R v Kousar – WLR Daily

Posted January 23rd, 2009 in law reports, trade marks by sally

R v Kousar [2008]; [2009] WLR (D) 16

“A wife who shared the matrimonial home with her husband, whom she knew was storing merchandise from his business at home, but acquiesced in it being there and did not demand he remove it, was not in control or possession of the goods within the meaning of s 92(1)(c) of the Trade Marks Act 1994.”

WLR Daily, 22nd January 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 (Low) v Secretary of State for the Home Department – WLR Daily

Posted January 23rd, 2009 in EC law, freedom of movement, law reports by sally

R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15

“A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident in the sending member state in order to acquire any rights under art 49 EC.”

WLR Daily, 22nd January 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.

Jain and another v Trent Strategic Health Authority – WLR Daily

Posted January 23rd, 2009 in care homes, duty of care, law reports by sally

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

“There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 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.

BAILII : Recent Decisions

Posted January 23rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ammah v Kuehne+Nagal Logistics Ltd [2009] EWCA Civ 11 (22 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

A, R (on the application of) v Coventry City Council [2009] EWHC 34 (Admin) (22 January 2009)   

Pounder, R (on the application of) v HM Coroner for the North & South Districts of Durham & Darlington & Ors [2009] EWHC 76 (Admin) (22 January 2009)

Hill, R (on the application of) v Social Security Commissioner & Anor [2009] EWHC 33 (Admin) (22 January 2009)

High Court (Chancery Division)

HM Revenue and Customs v Trustees of the Nelson Dance Family Settlement [2009] EWHC 71 (Ch) (22 January 2009)

High Court (Family Division)

G v A [2009] EWHC 11 (Fam) (20 January 2009)

High Court (Patents Court)

Dyson Technology Ltd v Samsung Gwangju Electronics Co Ltd [2009] EWHC 55 (Pat) (22 January 2009)

High Court (Queen’s Bench Division)

Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (QB) (22 January 2009)

Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (QB) (23 January 2009)

Source: www.bailii.org

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 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 (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

Regina (Wright and Others) v Secretary of State for Health and Another

House of Lords

“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”

The Times, 23rd January 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 January 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Al-Saadoon & Anor, R (on the application of) v Secretary of State for Defence [2009] EWCA Civ 7 (21 January 2009)

Tele2 International Card Company SA & Ors v Post Office Ltd [2009] EWCA Civ 9 (21 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 35 (Admin) (21 January 2009)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group Ltd & Anor [2009] EWHC 26 (Pat) (21 January 2009)

High Court (Commercial Court)

Office of Fair Trading v Abbey National Plc & Ors [2009] EWHC 36 (Comm) (21 January 2009)

Source: www.bailii.org.uk

Laroche v Spirit of Adventure (UK) Ltd – WLR Daily

Posted January 22nd, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14

“Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the aircraft, within the meaning of art 17, whether he paid for his flight or not.”

WLR Daily, 21st January 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.

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06) – WLR Daily

Posted January 22nd, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06); [2009] WLR (D) 13

“Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”

WLR Daily, 21st January 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.