law reports – Page 304 – Current Awareness

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Posted December 10th, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th 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.

Craner v Dorset County Council – WLR Daily

Posted December 9th, 2008 in health & safety, law reports by sally

Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377

“Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought his claim under reg 12(3) alleging ‘obstruction’ and the defence was simply that what had occurred was a freak or inexplicable accident which could never have been prevented or guarded against the judge was entitled to find against the council.”

WLR Daily, 8th December 2008

Source: www.lawreports.co.uk

Regina v Stannard; Regina v A; Regina v Clarkson – Times Law Reports

Posted December 9th, 2008 in dangerous offenders, law reports, sentencing by sally

Regina v Stannard; Regina v A; Regina v Clarkson

Court of Appeal (Criminal Division)

“Where a defendant was before the court to be sentenced for offences committed both before and after April 4, 2005, when the dangerous offender provisions of the Criminal Justice Act 2003 came into force, distinct statutory provisions applied but that did not mean that if the offences committed before April 4, 2005 were more serious than those committed after that date a sentence of imprisonment for public protection could not be imposed.”

The Times, 9th 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.

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another – Times Law Reports

Posted December 9th, 2008 in bankruptcy, law reports, wills by sally

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another

Chancery Division

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

The Times, 9th 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.

Lewis and Another v Metropolitan Property Realizations Ltd – Times Law Reports

Posted December 9th, 2008 in law reports, trustees in bankruptcy by sally

Lewis and Another v Metropolitan Property Realizations Ltd

Chancery Division

“A trustee in bankruptcy who sold the estate’s interest for deferred contingent consideration ‘realised’ the interest within the meaning of section 283A(3)(a) of the Insolvency Act 1986.”

The Times, 9th 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

Posted December 8th, 2008 in law reports by sally

High Court (Administrative Court)

Boggis & Anor, R (on the application of) v Natural England & Anor [2008] EWHC 2954 (Admin) (05 December 2008)

Hutchinson v General Dental Council [2008] EWHC 2896 (Admin) (28 November 2008)

Source: www.bailii.org

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04) – Times Law Reports

Posted December 8th, 2008 in data protection, DNA, human rights, law reports by sally

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)

European Court of Human Rights

“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”

The Times, 8th 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

Posted December 5th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Jeffrey, R. v [2008] EWCA Crim 2361 (21 November 2008)

Court of Appeal (Civil Division)

Sanchez, R. v [2008] EWCA Crim 2936 (05 December 2008)

Assura Pharmacy Ltd, R (on the application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit) [2008] EWCA Civ 1356 (05 December 2008)

Craner v Dorset County Council [2008] EWCA Civ 1323 (05 December 2008)

Source: www.bailii.org

Regina v Davison – Times Law Reports

Posted December 5th, 2008 in community service, law reports, sentencing by sally

Regina v Davison

Court of Appeal (Criminal Division)

“The length of a community order was not necessarily governed by how long it took the offender to carry out a specified task.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

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

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

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

BAILII : Recent Decisions

Posted December 4th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)

Source: www.bailli.org

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

“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

Posted December 4th, 2008 in detention, hospital orders, law reports, mental health by sally

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

Posted December 4th, 2008 in evidence, law reports, rape, retrials by sally

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.

Attorney-General’s Reference (No 55 of 2008) – Times Law Reports

Posted December 4th, 2008 in dangerous offenders, law reports, sentencing by sally

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

Posted December 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Sprecher Grier Halberstam Llp & Anor v Walsh [2008] EWCA Civ 1324 (03 December 2008)

DB, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354 (03 December 2008)

BK ( Democratic Republic of Congo) v Secretary of State for the Home Department [2008] EWCA Civ 1322 (03 December 2008)

High Court (Chancery Division)

Walters & Anor v Smee & Anor [2008] EWHC 2902 (Ch) (28 November 2008)

High Court (Adminstrative Court)

Lenin, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2968 (Admin) (03 December 2008)

Source: www.bailii.org

Simms v Islington London Borough Council – Times Law Reports

Posted December 3rd, 2008 in drug abuse, homelessness, housing, law reports by sally

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

Posted December 3rd, 2008 in insurance, law reports, ships by sally

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.