Category: law reports

Regina (RJM) v Secretary of State for Work and Pensions – Times Law Reports

Posted October 27th, 2008 in benefits, disabled persons, homelessness, law reports by sally

Regina (RJM) v Secretary of State for Work and Pensions

House of Lords

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds.”

The Times, 27th October 2008 

Source: www.timesonline.co.uk

In re S (a Child: Adoption) – Times Law Reports

Posted October 27th, 2008 in adoption, law reports by sally

In re S (a Child: Adoption)

Court of Appeal

“It was wrong to focus on whether a carer was a ‘potential’ rather than a ‘prospective’ adopter when considering whether to revoke a placement order placing a child for adoption.”

The Times, 27th 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 24th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Barker, R v [2008] EWCA Crim 2395 (24 October 2008)

Doody, R v [2008] EWCA Crim 2394 (24 October 2008)

Times Newspapers Ltd & Ors v R. & Ors [2008] EWCA Crim 2396 (24 October 2008)

Court of Appeal (Civil Division)

Yorkshire Bank Finance Ltd v Mulhall & Anor [2008] EWCA Civ 1156 (24 October 2008)

Source: www.bailii.org

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 24th, 2008 in benefits, disabled persons, homelessness, human rights, law reports by sally

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd 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 (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) – WLR Daily

Posted October 24th, 2008 in complaints, human rights, law reports, personal injuries, police by sally

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) [2008] EWCA Civ 1160; [2008] WLR (D) 327

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty independently to investigate the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

WLR Daily, 23rd 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.

Helow v Secretary of State for the Home Department – WLR Daily

Posted October 24th, 2008 in bias, judiciary, law reports, race discrimination, Scotland by sally

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd 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.

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) – WLR Daily

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) [2008] UKHL 64; [2008] WLR (D) 00; [2008] WLR (D) 325

“The removal of a foreign national from the United Kingdom was unlawful, as incompatible with the United Kingdom’s obligations under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if it would amount to a flagrant breach of her right to respect for her family life so as to completely deny or nullify that right in the destination country.”

WLR Daily, 23rd 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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn – WLR Daily

Posted October 24th, 2008 in arbitration, jurisdiction, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324

“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”

WLR Daily, 23rd 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 (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd 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 (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd 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 v M (Restraint order: Jurisdiction) – Times Law Reports

Posted October 24th, 2008 in contempt of court, jurisdiction, law reports, restraint orders by sally

Regina v M (Restraint order: Jurisdiction)

Court of Appeal

“A trial judge did have jurisdiction to try an application by the prosecution for a defendant to be committed for contempt for allegedly breaching a restraint order.”

The Times, 24th 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.

EM (Lebanon) v Secretary of State for the Home Department – Times Law Reports

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

EM (Lebanon) v Secretary of State for the Home Department

House of Lords

“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”

The Times, 24th 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 23rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Jeleniewicz v Secretary of State for Work and Pensions [2008] EWCA Civ 1163 (23 October 2008)

James v Blockbuster Entertainment Ltd [2008] EWCA Civ 1158 (23 October 2008)

Harding v Revenue & Customs [2008] EWCA Civ 1164 (23 October 2008)

Parris v Williams [2008] EWCA Civ 1147 (23 October 2008)

Ashwell Property Group Plc & Anor v Cambridge City Council [2008] EWCA Civ 1151 (22 October 2008)

High Court (Chancery Division)

Abacrombie & Co Ltd, Re [2008] EWHC 2520 (Ch) (23 October 2008)

Law Society of England and Wales & Ors v Wemyss & Ors [2008] EWHC 2515 (Ch) (23 October 2008)

High Court (Queen’s Bench Division)

Clifford v Hertfordshire Constabulary [2008] EWHC 2549 (QB) (23 October 2008)

High Court (Administrative Court)

MH & Ors v Secretary of State for the Home Department [2008] EWHC 2525 (Admin) (23 October 2008)

Friends of the Earth & Anor v Secretary of State for Business Enterprise and Regulatory Reform & Anor [2008] EWHC 2518 (Admin) (23 October 2008)

Platts v Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) (02 October 2008)

Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 2500 (Admin) (09 October 2008)

High Court (Commercial Court)

Youell & Ors v La Reunion Aerienne & Ors [2008] EWHC 2493 (Comm) (22 October 2008)

Source: www.bailii.org

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – Times Law Reports

Posted October 23rd, 2008 in Chagos Islands, law reports, prerogative powers by sally

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)

House of Lords

“Prerogative orders made by the Queen in Council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

The Times, 23rd 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 22nd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Daniels, R v [2008] EWCA Crim 2360 (22 October 2008)

Court of Appeal (Civil Division)

Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 (22 October 2008)

Thorn Security Ltd v Siemens Schweiz AG [2008] EWCA Civ 1161 (22 October 2008)

Reynolds, R (on the application of) v Independent Police Complaints Commission & Anor [2008] EWCA Civ 1160 (22 October 2008)

SH (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 1150 (22 October 2008)

MT (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 1149 (22 October 2008)

High Court (Queen’s Bench Division)

Hussein v Farooq & Anor [2008] EWHC 2487 (QB) (22 October 2008)

High Court (Commercial Court)

The Petroleum Oil and Gas Corp. of South Africa (Pty) Ltd v FR8 Singapore Pte Ltd. [2008] EWHC 2480 (Comm) (21 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 22nd, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Rolls Royce Plc v UNITE the Union [2008] EWHC 2420 (QB) (17 October 2008)

High Court (Patents Court)

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2008] EWHC 2489 (Pat) (21 October 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted October 22nd, 2008 in law reports by sally

R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant) [2008] UKHL 61 (22 October 2008)

Helow (AP) (Appellant) v Secretary of State for the Home Department and another (Respondents) (Scotland) [2008] UKHL 62 (22 October 2008)

R (on the application of RJM) (FC) (Appellant) v Secretary of State for Work and Pensions (Respondent) [2008] UKHL 63 (22 October 2008)

EM (Lebanon) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 64 (22 October 2008)

Source: www.parliament.uk

Regina (Saunders) v Independent Police Complaints Commission and Another Regina (Tucker) v Same – Times Law Reports

Posted October 22nd, 2008 in complaints, firearms, judicial review, law reports, police by sally

Regina (Saunders) v Independent Police Complaints Commission and Another Regina (Tucker) v Same

Queen’s Bench Division

“The Independent Police Complaints Commission did not act incompatibly with human rights in not giving a direction to chief officers to prohibit conferring among police officers following a fatal shooting by them.”

The Times, 22nd 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.

St George v Home Office – Times Law Reports

Posted October 22nd, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office

Court of Appeal

“An addict who was injured in custody after suffering a seizure through drugs withdrawal did not contribute to his injury as his addiction was not a potent cause of the damage.”

The Times, 22nd 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 21st, 2008 in law reports by sally

High Court (Technology and Construction Court)

Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd & Ors [2008] EWHC 2454 (TCC) (17 October 2008)

Source: www.bailii.org