Category: law reports

R v M – WLR Daily

Posted September 2nd, 2008 in contempt of court, law reports, proceeds of crime, restraint orders by sally

R v M; [2008] WLR (D) 297

“Where a defendant in criminal proceedings was said to have breached a restraint order, imposed under the Proceeds of Crime Act 2002, by making certain prohibited transactions a judge of the Crown Court had jurisdiction to try an application made by the prosecution for the defendant to be committed for contempt.”

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.

R v B and others – WLR Daily

Posted September 2nd, 2008 in codefendants, criminal procedure, fitness to plead, juries, law reports by sally

R v B and others: [2008] WLR (D) 296

“Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.”

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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted September 2nd, 2008 in capital allowances, corporation tax, law reports, warehousing by sally

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners

House of Lords

“Expenditure on a warehouse which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building so as to qualify under section 18 of the Capital Allowances Act 1990.”

The Times, 2nd 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 Anwoir and Others – Times Law Reports

Posted September 1st, 2008 in evidence, law reports, proceeds of crime by sally

Regina v Anwoir and Others

Court of Appeal (Criminal Division)

“There were two ways in which Crown could prove property derived from crime.”

The Times, 1st 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.

Allen and Others v GMB – Times Law Reports

Posted September 1st, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and Others v GMB

Court of Appeal

“A trade union was not justified in indirectly discriminating against a number of female members in resolving gender-based pay inequalities among local authority employees.”

The Times, 1st 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.

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon) – Times Law Reports

Posted August 29th, 2008 in children, consent, law reports, sentencing, sexual offences by sally

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon)

Court of Appeal (Criminal Division)

“A non-custodial sentence for sexual offences against a child under 13 where the child had been a willing participant did not meet the essential fact that the law was there not only to protect children from the baleful influence of adults with an inappropriate interest in children but was also designed to protect children from themselves.”

The Times, 29th August 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.

Joyce v Secretary of State for Health – Times Law Reports

Posted August 29th, 2008 in appeals, care workers, law reports, tribunals by sally

Joyce v Secretary of State for Health

Queen’s Bench Division

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State for Health on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled, on appeal, to consider allegations of misconduct not entertained by the secretary of state, provided it acted fairly.”

The Times, 29th August 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 R (Family dispute: Evidence) – Times Law Reports

Posted August 29th, 2008 in domestic violence, family courts, law reports, no case to answer by sally

In re R (Family dispute: Evidence)

Court of Appeal

“Judges conducting preliminary fact-finding hearings in family proceedings involving serious allegations of domestic violence should never terminate the case without hearing all the available evidence.”

The Times, 29th August 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.

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

Posted August 29th, 2008 in disclosure, law reports, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 22nd August 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 August 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

James & Ors, R. v [2008] EWCA Crim 1869 (30 July 2008)

High Court (Chancery Division)

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch) (27 August 2008)

High Court (Administrative Court)

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

Source: www.bailii.org

Greenweb Ltd v Wandsworth London Borough Council – Times Law Reports

Posted August 28th, 2008 in compensation, compulsory purchase, law reports, planning by sally

Greenweb Ltd v Wandsworth London Borough Council

Court of Appeal

“Where a local authority compulsorily purchased a public open space after refusing the landowner’s application for housing development, the Lands Tribunal had to value the land on the basis that planning permission had been granted for the housing development.”

The Times, 28th August 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 (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted August 28th, 2008 in environmental protection, law reports, waste by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party

Queen’s Bench Divisional Court

“Sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.”

The Times, 28th August 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 (Federation of Tour Operators and Others) v HM Treasury and Others – Times Law Reports

Posted August 28th, 2008 in air passenger duty, law reports by sally

Regina (Federation of Tour Operators and Others) v HM Treasury and Others

Court of Appeal

“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”

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

Court of Appeal (Criminal Division)

M, R v [2008] EWCA Crim 1901 (14 August 2008)

Popat, R v [2008] EWCA Crim 1921 (28 July 2008)

Court of Appeal (Civil Division)

AH (Iran) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 985 (06 August 2008)

YT (Eritrea) v Secretary of State for the Home Department [2008] EWCA Civ 1000 (30 July 2008)

Roberts v Brent Council [2008] EWCA Civ 982 (30 July 2008)

High Court (Chancery Division)

Augean Plc v HM Revenue & Customs [2008] EWHC 2026 (Ch) (15 August 2008)

O’Donnell v Shanahan & Ors [2008] EWHC 1973 (Ch) (07 August 2008)

High Court (Administrative Court)

Government of Bermuda v Office of Communications & Ors [2008] EWHC 2009 (Admin) (13 August 2008)

Shashwar, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2069 (Admin) (31 July 2008)

Kaur & Anor, R (on the application of) v London Borough Of Ealing & Anor [2008] EWHC 2062 (Admin) (29 July 2008)

Bogdani v Albanian Government [2008] EWHC 2065 (Admin) (25 July 2008)

High Court (Technology and Construction Court)

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

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 27th, 2008 in law reports by sally

High Court (Family Division)

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

High Court (Administrative Court)

HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)

Source: www.bailii.org

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another – Times Law Reports

Posted August 27th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another

Court of Appeal (Criminal Division)

“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”

The Times, 27th August 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.

Lifely v Lifely – Times Law Reports

Posted August 27th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely

Court of Appeal

“When the court was considering the admissibility of arguably wrongfully obtained fresh evidence it might consider factors going beyond the classical test.”

The Times, 27th August 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.

Westcott v Westcott – Times Law Reports

Posted August 27th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott

Court of Appeal

“A person who made a complaint to the police, instigating an investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if proceedings were subsequently brought.”

The Times, 27th August 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.

Bailey v Ministry of Defence and Another – Times Law Reports

Posted August 26th, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey v Ministry of Defence and Another

Court of Appeal

“Where medical science could not establish the probability that but for an act of negligence an injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

The Times, 26th August 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 N Ltd and Another – Times Law Reports

Posted August 26th, 2008 in criminal procedure, law reports, no case to answer, verdicts by sally

Regina v N Ltd and Another

Court of Appeal (Criminal Division)

“A trial judge could not assent to an application of no case to answer nor enter a verdict of not guilty before the close of the prosecution evidence without the clear consent of all the parties.”

The Times, 25th August 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.