law reports – Page 307 – Current Awareness

“In the absence of a rationality challenge or a demonstrated failure to implement identifiable provisions of the strategy for the reduction of fuel poverty published by the defendant Secretaries of State in accordance with the duty imposed by s 2(1) of the Warm Homes and Energy Conservation Act 2000, it was not open to the court to review the policy decisions of the defendants as to the way in which they should go about the implementation of the strategy, including the requirement that efforts be made to achieve the targets specified as far as reasonably practicable.”

WLR Daily, 29th 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.

Club la Costa (UK) plc v Gebhard and another – WLR Daily

Posted October 29th, 2008 in defamation, law reports, offer of amends by sally

Club la Costa (UK) plc v Gebhard and another [2008] EWHC 2552 (QB); [2008] WLR (D) 332

“A valid offer to make amends under s 2(2) of the Defamation Act 1996 could not be made without the offeror conceding that the ‘specific defamatory meaning’ which the statement conveyed was defamatory of the person bringing the complaint.”

WLR Daily, 28th 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.

In re Times Newspapers Ltd and another – WLR Daily

Posted October 29th, 2008 in anonymity, contempt of court, courts martial, law reports by sally

In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331

“For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

WLR Daily, 28th 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.

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports

Posted October 29th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE

Court of Appeal

“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”

The Times, 29th 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.

Horsham Properties Group Ltd v Clark and Another – Times Law Reports

Posted October 29th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and Another

Chancery Division

“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”

The Times, 29th 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 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Urushadze, R. v [2008] EWCA Crim 2498 (08 October 2008)

Lavery, R. v [2008] EWCA Crim 2499 (09 October 2008)

Court of Appeal (Civil Division)

O’Brien & Ors v South Cambridgeshire District Council [2008] EWCA Civ 1159 (24 October 2008)

High Court (Queen’s Bench Division)

Club La Costa (UK) Plc v Gebhard & Ors [2008] EWHC 2552 (QB) (24 October 2008)

High Court (Commercial Court)

Markel Capital Ltd v Gothaer Allgemeine Versicherung AG & Anor [2008] EWHC 2517 (Comm) (24 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Xu & Anor, R v [2008] EWCA Crim 2372 (15 October 2008)

Court of Appeal (Civil Division)

Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180 (28 October 2008)

High Court (Queen’s Bench Division)

Bennett v Independent Police Complaints Commission & Anor [2008] EWHC 2550 (QB) (24 October 2008)

High Court (Chancery Division)

RAB Capital Plc & Anor v Lehman Brothers International (Europe) [2008] EWHC 2335 (Ch) (22 September 2008)

High Court (Administrative Court)

Serious Organised Crime Agency v Sajjad & Ors [2008] EWHC 2535 (Admin) (06 October 2008)

Liverpool v Director of Public Prosecutions [2008] EWHC 2540 (Admin) (07 October 2008)

Yoon, R (on the application of) v Asylum & Immigration Tribunal & Anor [2008] EWHC 2536 (Admin) (07 October 2008)

Green, R (on the application of) v South West Strategic Health Authority [2008] EWHC 2576 (Admin) (28 October 2008)

Source: www.bailii.org

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Posted October 28th, 2008 in bias, disciplinary procedures, human rights, law reports, prisons by sally

Regina (Haase) v Independent Adjudicator and Another

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th 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.

Symbian Ltd v Comptroller-General of Patents, Designs and Trademarks – Times Law Reports

Posted October 28th, 2008 in computer programs, law reports, patents by sally

Symbian Ltd v Comptroller-General of Patents, Designs and Trademarks

Court of Appeal

“A method of accessing data in a dynamic link library in a computing device was not excluded by reason of being a computer program from registration as a patent as it imvolved a technical contribution which would enable computers to work faster and more reliably.”

The Times, 28th 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 27th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Delta Reclamation Ltd v Premier Waste Management Ltd [2008] EWHC B16 (QB) (24 October 2008)

Source: www.bailii.org

Yorkshire Bank Finance Ltd v Mulhall and Another – WLR Daily

Posted October 27th, 2008 in charging orders, law reports, limitations by sally

Yorkshire Bank Finance Ltd v Mulhall and Another: [2008] EWCA Civ 1156; [2008] WLR (D) 330

“No provision in the Limitation Act 1980 prevented the enforcement in 2007 of a charging order over land made in 1990 to secure a judgment debt though no attempt at enforcement had been made in the interim.”

WLR Daily, 24th 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.

AM (Ethiopia) and others v Entry Clearance Officer – WLR Daily

Posted October 27th, 2008 in immigration, law reports, sponsored immigrants, third parties by sally

AM (Ethiopia) and others v Entry Clearance Officer [2008] EWCA Civ 1082; [2008] WLR (D) 329

“The principle that support or funding from a third party could not be relied on by a prospective entrant to the United Kingdom under r 297(v) of the Immigration Rules (HC 395), where the entrant was a child of a parent or a relative settled here, was applicable to r 281, where the entrant was a spouse or partner, and r 317, where he was a parent, grandparent or other dependent relative of the person settled here.”

WLR Daily, 24th 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 (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.