Category: law reports

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th 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.

Regina v Kelleher – Times Law Reports

Posted November 25th, 2008 in environmental protection, law reports, sentencing, waste by sally

Regina v Kelleher

Court of Appeal (Criminal Division)

“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”

The Times, 25th November 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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 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 Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett – Times Law Reports

Posted November 24th, 2008 in grievous bodily harm, law reports, murder, sentencing by sally

Regina v Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett

Court of Appeal

“Even a definitive sentencing guideline was not to be used or approached as if each offence could be put into a fixed and inflexible compartment. The assessment of the seriousness of an offence involved a broad judgment of the overall criminality.”

The Times, 24th November 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 Height and Regina v Anderson – Times Law Reports

Posted November 24th, 2008 in law reports, murder, sentencing by sally

Regina v Height and Regina v Anderson

Court of Appeal

“The sentencing provisions of the Criminal Justice Act 2003 were not intended to be applied inflexibly. No scheme or guidance or statutory framework could be fully comprehensive, and any system of purported compartmentalisation or prescription had the potential to produce injustice.”

The Times, 24th November 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted November 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sherif & Ors, R v [2008] EWCA Crim 2653 (21 November 2008)

Court of Appeal (Civil Division)

Osibanjo & Anor v Seahive Investments Ltd [2008] EWCA Civ 1282 (21 November 2008)

City of London v Sancheti [2008] EWCA Civ 1283 (21 November 2008)

Grosvenor Estates Ltd v Prospect Estates Ltd [2008] EWCA Civ 1281 (21 November 2008)

McCall v Poulton & Ors [2008] EWCA Civ 1263 (21 November 2008)

High Court (Chancery Division)

Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision [2008] EWHC 2715 (Ch) (21 November 2008)

High Court (Queen’s Bench Division)

Employers’ Liability Policy “Trigger” Litigation [2008] EWHC 2692 (QB) (21 November 2008)

High Court (Administrative Court)

Faisaltex Ltd & Ors, R (on the application of) v Crown Court Sitting At Preston & Ors [2008] EWHC 2832 (Admin) (21 November 2008)

Minshall v Marylebone Magistrates’ Court & Ors [2008] EWHC 2800 (Admin) (21 November 2008)

Source: www.bailii.org

Regina (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Regina (Zimbabwe) v Secretary of State for the Home Department

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 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.

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 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

Posted November 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

KJM Superbikes Ltd. v Hinton [2008] EWCA Civ 1280 (20 November 2008)

High Court (Chancery Division)

Cobden Investments Ltd. v RWM Langport Ltd & Ors [2008] EWHC 2810 (Ch) (20 November 2008)

High Court (Queen’s Bench Division)

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 (QB) (18 November 2008)

Clarke (t/a Elumina Iberica UK) v Bain & Anor [2008] EWHC 2636 (QB) (19 November 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 20th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ishaq & Ors, R v [2008] EWCA Crim 2565 (19 November 2008)

Assani, R v [2008] EWCA Crim 2563 (19 November 2008)

Labastide & Anor, R v [2008] EWCA Crim 2564 (19 November 2008)

High Court (Queen’s Bench Division)

White v Withers LLP & Anor [2008] EWHC 2821 (QB) (19 November 2008)

High Court (Administrative Court)

Mubarak v General Medical Council [2008] EWHC 2830 (Admin) (20 November 2008)

High Court (Commercial Court)

Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors [2008] EWHC 2762 (Comm) (19 November 2008)

Kallang Shipping SA Panama v Axa Assurances Senegal & Anor [2008] EWHC 2761 (Comm) (19 November 2008)

Source: www.bailii.org

Blacklight Power Inc v Comptroller-General of Patents – WLR Daily

Posted November 20th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360

“The correct standard of proof that an applicant was required to satisfy to establish patentability was the balance of probabilities.”

WLR Daily, 19th 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.

Carson and Others v United Kingdom (Application No 42184/05) – Times Law Reports

Posted November 20th, 2008 in domicile, human rights, indexation, law reports, pensions by sally

Carson and Others v United Kingdom (Application No 42184/05)

European Court of Human Rights

“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”

The Times, 20th November 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.

E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports

Posted November 19th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

E v Chief Constable of the Royal Ulster Constabulary and Another

House of Lords

“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

The Times, 19th November 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

Posted November 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sangha & Ors, R. v [2008] EWCA Crim 2562 (18 November 2008)

Whittle & Ors, R. v [2008] EWCA Crim 2560 (14 November 2008)

Headlam & Ors, R. v [2008] EWCA Crim 2578 (10 October 2008)

High Court (Chancery Division)

Reid (Formerly Trading As Reid Minty) v Edwards & Ors [2008] EWHC 2722 (Ch) (07 November 2008)

Samad v Thompson & Anor [2008] EWHC 2809 (Ch) (18 November 2008)

High Court (Administrative Court)

S, R (on the application of) v West Mercia Constabulary & Anor [2008] EWHC 2811 (Admin) (18 November 2008)

High Court (Commercial Court)

Aspen Insurance UK Ltd & Ors v Pectel Ltd [2008] EWHC 2804 (Comm) (18 November 2008)

Club Cruise Entertainment and Travelling Services Europe BV v The Department for Transport [2008] EWHC 2794 (Comm) (18 November 2008)

High Court (Patents Court)

Blacklight Power Inc v The Comptroller-General of Patents [2008] EWHC 2763 (Pat) (18 November 2008)

Source: www.bailii.org

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 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

Posted November 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Randhawa & Anor, R. v [2008] EWCA Crim 2599 (22 October 2008)

Court of Appeal (Civil Division)

Wandsworth v Whibley [2008] EWCA Civ 1259 (14 November 2008)

High Court (Queen’s Bench Division)

Farraj & Anor v King’s Healthcare NHS Trust & Anor [2008] EWHC 2468 (QB) (17 October 2008)

High Court (Administrative Court)

Muscat v Health Professions Council [2008] EWHC 2798 (Admin) (14 November 2008)

Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)

Miller & Anor, R (on the application of) v The Independent Assessor [2008] EWHC 2758 (Admin) (13 November 2008)

Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 (Admin) (14 November 2008)

Azzam v The General Medical Council [2008] EWHC 2711 (Admin) (12 November 2008)

High Court (Commercial Court)

CMA CGM SA v Hyundai Mipo Dockyard Co Ltd [2008] EWHC 2791 (Comm) (14 November 2008)

High Court (Patents Court)

Armour Group Plc v Leisuretech Electronics Pty Ltd [2008] EWHC 2797 (Pat) (14 November 2008)

Source: www.bailii.org

Spirerose Ltd (In Administration) v Transport for London – WLR Daily

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358

“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”

WLR Daily, 14th 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.

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening) – WLR Daily

Posted November 17th, 2008 in civil procedure rules, joinder, law reports by sally

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening)

“The court had jurisdiction under CPR r 19.2(a) to join parties as claimants to national court proceedings in which questions had been referred to the Court of Justice of the European Communities where the joinder applications were solely for the purpose of making submissions to the Court of Justice on the referred questions.”

WLR Daily, 14th 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.

Hussain v Chief Constable of West Mercia Constabulary – Times Law Reports

Posted November 17th, 2008 in law reports, misfeasance in public office by sally

Hussain v Chief Constable of West Mercia Constabulary

Court of Appeal

“Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office.”

The Times, 17th November 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 (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted November 17th, 2008 in assisted suicide, law reports, prosecutions by sally

Regina (Purdy) v Director of Public Prosecutions

Queen’s Bench Divisional Court

“The statutory prohibition on assisted suicide did not engage the right to private life protected under article 8.1 of the European Convention on Human Rights.”

The Times, 17th November 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.