BAILII: Recent Decisions
Court of Appeal (Civil Division)
Underwood v HM Revenue & Customs [2008] EWCA Civ 1423 (15 December 2008)
Source: www.bailii.org
Category: law reports
R v Winters – WLR Daily
R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387
“For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”
WLR Daily, 15th 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.
Savage v South Essex Partnership NHS Foundation Trust – WLR Daily
Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386
“Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”
WLR Daily, 15th 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.
Morshead Mansions Ltd v Di Marco – WLR Daily
Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384
“There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the members of a company landlord, in which all the tenants were shareholders, to the company under separate contracts made in and pursuant to the articles of association, to establish and recover contributions to a recovery fund.”
WLR Daily, 15th 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.
Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily
“The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”
WLR Daily, 15th 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.
In re M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports
In re M (a Child) (Nonaccidental injury: Burden of proof)
Court of Appeal
“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”
The Times, 16th 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 v Chargot and Others – Times Law Reports
House of Lords
“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”
The Times, 16th 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)
Mayers & Ors, R v [2008] EWCA Crim 1418 (12 December 2008)
High Court (Queen’s Bench Division)
Elton John v Guardian News & Media Ltd [2008] EWHC 3066 (QB) (12 December 2008)
Finch & Anor v Richardson [2008] EWHC 3067 (QB) (12 December 2008)
Warren v Hide [2008] EWHC 3049 (QB) (12 December 2008)
High Court (Technology and Construction Court)
High Court (Patents Court)
Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3026 (Pat) (05 December 2008)
Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3025 (Pat) (05 December 2008)
Source: www.bailii.org
Knowsley Housing Trust v White; Shepherds Bush Housing Association v Porter; Islington London Borough Council v Honeygan-Green – Times Law Reports
House of Lords
“An assured tenancy subject to a possession order ended only when possession was delivered up.”
The Times, 15th 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.
More solicitors to face tribunal over coalminers’ scandal – The Times
“Solicitors across Britain are bracing themselves for further sanctions over the coalminers’ compensation scandal that led to two lawyers being struck off for dishonesty.”
The Times, 13th December 2008
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375 (11 December 2008)
Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1374 (11 December 2008)
T-Mobile (UK) Ltd. & Anor v Office of Communications [2008] EWCA Civ 1373 (12 December 2008)
Court of Appeal (Criminal Division)
Stannard & Ors, R v [2008] EWCA Crim 2789 (26 November 2008)
PM v R. [2008] EWCA Crim 2787 (26 November 2008)
C & Ors, R v [2008] EWCA Crim 2790 (26 November 2008)
JS v Regina [2008] EWCA Crim 2788 (26 November 2008)
A, R v [2008] EWCA Crim 2908 (01 December 2008)
Sanchez, R. v [2008] EWCA Crim 2936 (05 December 2008)
Ward, R v [2008] EWCA Crim 2955 (11 December 2008)
High Court (Administrative Court)
Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin) (11 December 2008)
Veerasingam v SSHD [2008] EWHC 3044 (Admin) (11 December 2008)
Derwent Holdings Ltd v Liverpool City Council [2008] EWHC 3023 (Admin) (12 December 2008)
High Court (Chancery Division)
High Court (Commercial Court)
Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)
Cavell USA Inc & Anor v Seaton Insurance Company & Anor [2008] EWHC 3043 (Comm) (11 December 2008)
High Court (Queen’s Bench Division)
Crossley & Anor v Newsquest (Midlands South) Ltd [2008] EWHC 3054 (QB) (11 December 2008)
Source: www.bailii.org
Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green – WLR Daily
“On a proper construction of Part I of the Housing Act 1988 an assured tenancy subject to a possession order ended only when the order was executed.”
WLR Daily, 11th 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.
CL (Vietnam) v Secretary of State for the Home Department – WLR Daily
CL (Vietnam) v Secretary of State for the Home Department; [2008] WLR (D) 381
“On an appeal by an uaccompanied child seeking asylum, against the refusal of his claim and removal directions, an immigration judge was required to determine the adequacy of reception facilities for the child on return as part of the consideration of that child’s human rights. It was not solely a matter for the Secretary of State’s determination.”
WLR Daily, 11th 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.
Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports
Regina (Wellington) v Secretary of State for the Home Department
House of Lords
“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”
The Times, 12th 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)
D v Buckinghamshire County Council [2008] EWCA Civ 1372 (10 December 2008)
High Court (Queen’s Bench Division)
Anderson v Lyotier & Anor (t/a Snowbizz) [2008] EWHC 2790 (QB) (14 November 2008)
TCD v Harrow Council & Ors [2008] EWHC 3048 (QB) (10 December 2008)
High Court (Family Division)
T v B & Anor [2008] EWHC 3000 (Fam) (10 December 2008)
A B v J L B [2008] EWHC 2965 (Fam) (01 December 2008)
KSO v MJO & Ors [2008] EWHC 3031 (Fam) (08 December 2008)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Kehr & Tucker Ltd v Astronomical Ltd [2008] EWHC 2862 (TCC) (07 November 2008)
Air Design (Kent) Ltd v Deerglen (Jersey) Ltd [2008] EWHC 3047 (TCC) (10 December 2008)
Source: www.bailii.org
R (Wellington) v Secretary of State for the Home Department – WLR Daily
R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380
“A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in ordering the extradition of an applicant to stand trial in the United States of America.”
WLR Daily, 10th 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 Chargot (trading as Contract Services) and others – WLR Daily
R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379
“When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was not necessary to identify, allege and prove specific breaches of duty by the employer. Once that was done a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”
WLR Daily, 10th 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.
Earl Cadogan and another v Sportelli and another – WLR Daily
Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378
“In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests.”
WLR Daily, 10th 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.
Savage v South Essex Partnership NHS Foundation Trust – Times Law Reports
Savage v South Essex Partnership NHS Foundation Trust
House of Lords
“The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be at a real and immediate risk of committing suicide from doing so.”
The Times, 11th 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.
