BAILII: Recent Decision

Posted September 22nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Chilton-Merryweather v Hunt & Ors [2008] EWCA Civ 1025 (19 September 2008)

High Court (Chancery Division)

Bridge Trustees Ltd v Noel Penny (Turbines) Ltd. [2008] EWHC 2054 (Ch) (22 August 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 19th, 2008 in law reports by sally

High Court (Technology and Construction Court)

Treasure & Son Ltd v Dawes [2008] EWHC 2181 (TCC) (15 September 2008)

BAILII: Recent Decisions

Posted September 15th, 2008 in law reports by sally

Court of Appeal (Civil Divison)

Murungaru v Secretary of State for the Home Department & Ors [2008] EWCA Civ 1015 (12 September 2008)

High Court (Administrative Court)

Ross, R (on the application of) v West Sussex Primary Care Trust [2008] EWHC B15 (Admin) (temporary reference) (10 September 2008)

H, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2174 (Admin) (12 September 2008)

Source: www.bailii.org

Regina v Omotade – Times Law Reports

Posted September 10th, 2008 in law reports, passports, possession of false identity documents, sentencing by sally

Regina v Omotade

Court of Appeal

“When the court was sentencing a person for the possession of a false passport, the use to which the passport had been put was of potential significance.”

The Times, 10th September 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 Popat – Times Law Reports

Posted September 10th, 2008 in law reports, police, warrants, witnesses by sally

Regina v Popat

Court of Appeal

“It was preferable for crown court judges to direct police officers not to execute a warrant for the arrest except at the crown court, of a witness who had failed to appear in response to a summons, if satisfied that if the witness was going to attend voluntarily or was going to accompany them, or at least to back the warrant for bail.”

The Times, 10th September 2008

Source: www.timesonlineco.uk

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

Sony Computer Entertainment UK Ltd and Another v Cinram Logistics UK Ltd – Times Law Reports

Posted September 10th, 2008 in damages, law reports, sale of goods, theft by sally

Sony Computer Entertainment UK Ltd and Another v Cinram Logistics UK Ltd

Court of Appeal

“A manufacturer and seller of goods who lost them through the fault of another before he could make delivery and earn the price could recover that price as damages for their loss.”

The Times, 10th September 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 September 9th, 2008 in law reports by sally

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2048 (Admin) (21 August 2008)

Prospect v Ministry of Defence [2008] EWHC 2056 (Admin) (27 August 2008)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2100 (Admin) (29 August 2008)

High Court (Family Division)   

The Local Authority v RK & Ors [2008] EWHC 2051 (Fam) (21 August 2008)

X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)

Source: www.bailii.org.uk

Aspinall’s Club Ltd v Al-Zayat (No 2) [2008] – WLR Daily

Posted September 9th, 2008 in debts, gambling, law reports by sally

Aspinall’s Club Ltd v Al-Zayat (No 2) [2008] EWHC 2101 (Comm); [2008] WLR (D) 301

A fixed-term deferral or postponement of a sum owed to a gaming club by a patron amounted to the providing or allowing of credit contrary to s 16(1)(b) of the Gaming Act 1968.”

WLR Daily, 8th September 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.

TB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted September 9th, 2008 in abuse of process, asylum, human rights, law reports by sally

TB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“It would be wrong as a matter of principle if the Secretary of State for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision.”

The Times, 9th September 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 September 8th, 2008 in law reports by sally

High Court (Technology and Contruction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

E Group Ltd v Baker [2008] EWHC 1994 (TCC) (25 July 2008)

Richardson Roofing Company Ltd v Ballast Plc & Ors [2008] EWHC 1806 (TCC) (25 July 2008)

Rodrigues v Sokal [2008] EWHC 2005 (TCC) (30 July 2008)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC) (31 July 2008)

CJP Builders Ltd v William Verry Ltd [2008] EWHC 2025 (TCC) (15 August 2008)

VGC Construction Ltd v Jackson Civil Engineering Ltd [2008] EWHC 2082 (TCC) (15 August 2008)

Fosse Motor Engineers Ltd & Ors v Conde Nast and National Magazine Distributors Ltd & Anor [2008] EWHC 2037 (TCC) (20 August 2008)

Source: www.bailii.org.uk

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and Another

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted September 5th, 2008 in law reports by sally

Court of Appeal (Civil Division)

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 (05 September 2008)

High Court (Technology and Construction Court)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1927 (TCC) (25 July 2008)

High Court (Patents Court)

Oxonica Energy Ltd v Neuftec Ltd [2008] EWHC 2127 (Pat) (05 September 2008)

Minimax GmbH & Co Kg v Chubb Fire Ltd [2008] EWHC 1960 (Pat) (29 July 2008)

Source: www.bailii.org

esure Insurance Ltd v Direct Line Insurance plc – Times Law Reports

Posted September 5th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc

Court of Appeal

“An expert’s report was of little value in evaluating the likelihood of trade-mark confusion from the standpoint of a consumer.”

The Times, 5th September 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 (M) v Slough Borough Council – Times Law Reports

Posted September 5th, 2008 in housing, law reports, medicines, residential care by sally

Regina (M) v Slough Borough Council

House of Lords

“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”

The Times, 5th September 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 September 4th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

RL & Anor, R. v [2008] EWCA Crim 1970 (28 August 2008)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2100 (Admin) (29 August 2008)

High Court (Patents Court)

Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 2078 (Pat) (01 September 2008)

Source: www.bailii.org

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) – WLR Daily

Posted September 4th, 2008 in disclosure, law reports, public interest immunity, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court’s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 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 RL and JF – WLR Daily

Posted September 4th, 2008 in clubs, environmental health, law reports, strict liability, water by sally

R v RL and JF [2008] EWCA Crim 1970; [2008] WLR (D) 299

“A prosecution for the strict liability offence of causing polluting matter to enter controlled waters could be brought against either a club, as an unincorporated association, in its own name or against individual members.”

WLR Daily, 2nd September 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.

BAILII: Recent Decisions

Posted September 3rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Richards, R v [2008] EWCA Crim 1841 (23 July 2008)

Cooper, R v [2008] EWCA Crim 1856 (31 July 2008)

Norman, R v [2008] EWCA Crim 1810 (31 July 2008)

B & Ors, R v [2008] EWCA Crim 1997 (15 August 2008)

High Court (Chancery Division)

Dragonfly Consultancy Ltd v HM Revenue & Customs [2008] EWHC 2113 (Ch) (03 September 2008)

High Court (Commercial Court)

Aspinall’s Club Ltd v Al-Zayat [2008] EWHC 2101 (Comm) (03 September 2008)

High Court (Administrative Court)

Gungor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2098 (Admin) (15 August 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 2nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Attorney General of Zambia v Meer Care & Desai (A Firm) & Ors [2008] EWCA Civ 1007 (31 July 2008)

High Court (Chancery Division)

Dayman v Lawrence Graham (a firm) [2008] EWHC 2036 (Ch) (28 August 2008)

High Court (Family Division)

Stodgell v Stodgell [2008] EWHC 1925 (Fam) (18 July 2008)

M v F & Ors [2008] EWHC 2049 (Fam) (20 August 2008)

Source: www.bailii.org

Field Common Ltd v Elmbridge Borough Council – WLR Daily

Posted September 2nd, 2008 in damages, injunctions, law reports, trespass by sally

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298

“The correct approach to the assessment of damages on a landowner’s claim against a council in respect of its tenants’ trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights.”

WLR Daily, 1st September 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.