BAILII : Recent Decisions
High Court (Queen’s Bench Division)
Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)
Source: www.bailli.org
Category: law reports
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
R (DB) v Nottinghamshire Healthcare NHS Trust – WLR Daily
R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375
“The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the making of the order. A subsequent amendment of the order did not authorise admission after the 28-day period in the original order.”
WLR Daily, 3rd December 2008
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 A – WLR Daily
R v A [2008] EWCA Crim 2908; [2008] WLR (D) 374
“The expression ‘new and compelling evidence … in relation to the qualifying offence’ in s 78(1) of the Criminal Justice Act 2003 was not restricted to further evidence either from an individual who suggested that the defendant had admitted after the trial that he was guilty of the offence or from newly emerging witnesses who said that they had heard or seen something at the time which directly supported the relevant complaint.”
WLR Daily, 3rd December 2008
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.
Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports
Kaczmarek v Secretary of State for Work and Pensions
Court of Appeal
“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”
The Times, 4th December 2008
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.
Attorney-General’s Reference (No 55 of 2008) – Times Law Reports
Attorney-General’s Reference (No 55 of 2008)
Court of Appeal, Criminal Division
“Recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment, untrammeled by artificial constraints, as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established.”
The Times, 4th December 2008
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
Court of Appeal (Civil Division)
Sprecher Grier Halberstam Llp & Anor v Walsh [2008] EWCA Civ 1324 (03 December 2008)
High Court (Chancery Division)
Walters & Anor v Smee & Anor [2008] EWHC 2902 (Ch) (28 November 2008)
High Court (Adminstrative Court)
Source: www.bailii.org
Simms v Islington London Borough Council – Times Law Reports
Simms v Islington London Borough Council
Court of Appeal
“The risk that a recovering drug addict’s relapse might be caused by his homelessness did not entitle him to be treated as having a priority need for accommodation.”
The Times, 3rd December 2008
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.
Pratt v Aigaion Insurance Co SA – Times Law Reports
Pratt v Aigaion Insurance Co SA
Court of Appeal
“A marine insurance term requiring the warranted owner and/or his experienced skipper to be on board and in charge at all times with one experienced crew member, was not to be read literally but construed in the context of the policy as a whole and the surrounding circumstances; so construed, it applied when the vessel was being navigated or manoeuvred but not when it was tied up in dock.”
The Times, 3rd December 2008
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
Court of Appeal (Criminal Division)
A, R v [2008] EWCA Crim 2908 (01 December 2008)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 2927 (QB) (01 December 2008)
Source: www.bailii.org
Regina (JL) (a Youth) v Secretary of State for Justice – Times Law Reports
Regina (JL) (a Youth) v Secretary of State for Justice
House of Lords
“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”
The Times, 2nd December 2008
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
High Court (Administrative Court)
High Court (Chancery Division)
Zabihi v Janzemini & Ors [2008] EWHC 2910 (Ch) (28 November 2008)
Foster Wheeler Ltd v Hanley & Ors [2008] EWHC 2926 (Ch) (28 November 2008)
Source: www.bailii.org
Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily
Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373
“The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”
WLR Daily, 27th November 2008
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.
Kaczmarek v Secretary of State for Work and Pensions – WLR Daily
Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2008] WL (D) 372
“An EU national who was lawfully present in the United Kingdom but had no right to reside under domestic or European law was not eligible for income support.”
WLR Daily, 27th November 2008
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.
Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily
Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371
“A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”
WLR Daily, 27th November 2008
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.
City of London v Sancheti – Times Law Reports
Court of Appeal
“A stay of an arbitration could be obtained only against a party to that arbitration agreement or a person claiming through such a party; a legal or commercial connection was not sufficient.”
The Times, 1st December 2008
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.
Truro Diocesan Board of Finance Ltd v Foley – Times Law Reports
Truro Diocesan Board of Finance Ltd v Foley
Court of Appeal
“Whether an agreement by deed to grant a tenancy constituted a grant of the tenancy depended on the intention of the parties. An agreement would usually be construed as a lease if it contained present words of demise. ”
The Times, 1st December 2008
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 (Downs) v Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports
Regina (Downs) v Secretary of State for the Environment, Food and Rural Affairs
Queen’s Bench Division
“Crop spraying controls applied by the Secretary of State for the Environment, Food and Rural Affairs did not properly comply with obligations imposed by the European Union.”
The Times, 1st December 2008
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
Court of Appeal (Civil Division)
Kaczmarek v Secretary of State for Work & Pensions [2008] EWCA Civ 1310 (27 November 2008)
Pratt v Aigaion Insurance Company SA [2008] EWCA Civ 1314 (27 November 2008)
High Court (Commercial Court)
Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)
High Court (Family Division)
Sandwell Metropolitan Borough Council v GC & Ors [2008] EWHC 2555 (Fam) (24 October 2008)
High Court (Technology and Construction Court)
Talaris (Sweden) AB v Network Controls International Ltd [2008] EWHC 2930 (TCC) (20 November 2008)
Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2008] EWHC 2847 (TCC) (21 November 2008)
Source: www.bailii.org
Attorney General’s Reference (No 55 of 2008) – WLR Daily
Attorney General’s Reference (No 55 of 2008); [2008] EWCA Crim 2790; [2008] WLR (D) 370
“The recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established. Such a sentence remained an important sentencing alternative but the court was entitled to consider all the alternative and cumulative methods of providing proper protection for the public against the risk posed by the individual offender.”
WLR Daily, 27th November 2008
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.
