law reports – Page 305 – Current Awareness

Regina (Limbu and Others) v Secretary of State for the Home Department and Others – Times Law Reports

Posted October 7th, 2008 in armed forces, Gurkhas, immigration, law reports by sally

Regina (Limbu and Others) v Secretary of State for the Home Department and Others

Queen’s Bench Division

“It was irrational for the Secretary of State for the Home Department to rely on a discretionary policy relating to settlement entry for Gurkha veterans where that discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

The Times, 7th October 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.

Gomez and others v Gomez-Vives and others – WLR Daily

Posted October 6th, 2008 in breach of trust, conflict of laws, EC law, jurisdiction, law reports by sally

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd October 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 (Limbu and Others) v Secretary of State for the Home Department and Others – WLR Daily

Posted October 6th, 2008 in armed forces, Gurkhas, immigration, law reports by sally

R (Limbu and Others) v Secretary of State for the Home Department and Others; [2008] WLR (D) 304

“It was irrational for the Home Secretary to rely on the discretionary policy relating to settlement entry for Gurkha veterans where discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

WLR Daily, 3rd October 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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Donaldson v O’Sullivan (Official Receiver intervening) – Times Law Reports

Posted October 6th, 2008 in law reports, trustees in bankruptcy by sally

Donaldson v O’Sullivan (Official Receiver intervening)

Court of Appeal

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from that office under section 298 of that Act, without a creditors’ meeting.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another – Times Law Reports

Posted October 6th, 2008 in health, judicial review, law reports, social services by sally

Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another

Court of Appeal

“The decision whether the care needs of a woman who required constant and expensive care should be met by the health service or by social services was one for the primary care trust acting on behalf of the Secretary of State for Health. That decision was capable of challenge by judicial review, but the social services authority did not have the power to reach its own decision.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted October 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Gomez & Ors v Vives [2008] EWCA Civ 1065 (03 October 2008)

High Court (Chancery Division)

Hutchison & Ors v B & DF Ltd [2008] EWHC 2286 (Ch) (03 October 2008)

High Court (Commercial Court)

Dallah Real Estate & Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [2008] EWHC 1901 (Comm) (01 August 2008)

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2008] EWHC 1875 (Comm) (01 August 2008)

High Court (Technology and Construction Court)

Vitpol Building Service v Samen [2008] EWHC 2283 (TCC) (16 September 2008)

Source: www.bailii.org

Stephen Cooper v Attorney General – WLR Daily

Posted October 3rd, 2008 in damages, EC law, law reports, state liability by sally

Stephen Cooper v Attorney General [2008] EWHC 2285 (QB); [2008] WLR (D) 303

“A judicial error in the application of European Community law must be a manifest infringement of the applicable law in order to create liability for damages.”

WLR Daily, 2nd October 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 (Liverpool City Council) v Hillingdon London Borough Council – Times Law Reports

Posted October 3rd, 2008 in asylum, children, judicial review, law reports by sally

Regina (Liverpool City Council) v Hillingdon London Borough Council

Queen’s Bench Division

“An asylum-seeker who turned out to be a child in need had to be looked after by the first local authority where he lived when he made his application and not the second one into whose care he had been temporarily released.”

The Times, 3rd October 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 Mehta; Regina v Sharman; Regina v Reardon; Regina v Ratcliff – Times Law Reports

Posted October 3rd, 2008 in fraud, law reports, money laundering, proceeds of crime, sentencing by sally

Regina v Mehta; Regina v Sharman; Regina v Reardon; Regina v Ratcliff

Court of Appeal (Criminal Division)

“Money-launderers who offered a service to numerous criminals via bureaux de change or hawala banking were often as culpable as the criminals generating the money, if not more so, and often more culpable than those who handled the proceeds of a particular fraud.”

The Times, 3rd October 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 Al-Ali – Times Law Reports

Posted October 3rd, 2008 in appeals, criminal justice, criminal procedure, law reports by sally

Regina v Al-Ali

Court of Appeal (Criminal Division)

“On an application by the prosecution for leave to appeal from a ruling of a trial judge in the crown court, the Court of Appeal should not simply consider whether the appeal had a realistic prospect of success because even if the judge’s ruling was wrong it would only be if it were in the interests of justice that the trial should be resumed or started afresh.”

The Times, 3rd October 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 October 3rd, 2008 in law reports by sally

High Court (Family Division)

D v S [2008] EWHC 363 (Fam) (19 March 2008)

High Court (Administrative Court)

Ahmed, R (on the application of) v Asylum Support Adjudicator & Anor [2008] EWHC 2282 (Admin) (02 October 2008)

High Court (Commercial Court)

Syska v Vivendi Universal SA & Ors [2008] EWHC 2155 (Comm) (02 October 2008)

High Court (Technology and Construction Court)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2008] EWHC 2280 (TCC) (29 September 2008)

Source: www.bailii.org

Grayson v United Kingdom – Times Law Reports

Posted October 2nd, 2008 in confiscation, human rights, law reports, proceeds of crime, proof by sally

Grayson v United Kingdom

European Court of Human Rights

“It was not incompatible with the notion of a fair hearing in criminal proceedings for the onus of proof to be placed on the accused to provide a credible account of his financial situation, once it has been proved that he had been involved in extensive and lucrative drug dealing over a period of years.”

The Times, 2nd October 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 O – Times Law Reports

Posted October 2nd, 2008 in Crown Prosecution Service, immigration, law reports, possession of false identity documents, prosecutions, trafficking in human beings by sally

Regina v O

Court of Appeal (Criminal Division)

“Those who prosecuted defendants charged with immigration offences who might be victims of people-trafficking must be aware of the protocols in relation to such victims enshrined in the Code for Crown Prosecutors; defence lawyers must make inquiries if there was credible material showing that their client might have been such a victim, especially if the client was young.”

The Times, 2nd October 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.