BAILII: Recent Decisions

Posted August 22nd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

RB, R. v [2008] EWCA Crim 1850 (17 July 2008)

High Court (Queen’s Bench Division)

Stapleton, R (on the application of) v Revenue & Customs Prosecution Office [2008] EWHC 1968 (QB) (25 July 2008)

High Court (Family Division)

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

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)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 21st, 2008 in law reports by sally

High Court (Family Division)

N (A Child), Re [2008] EWHC 2042 (Fam) (20 August 2008)

High Court (Administrative Court)

KR, R (on the application of) v Secretary of State for Work and Pensions & Anor [2008] EWHC 1881 (Admin) (30 July 2008)

High Court (Technology and Construction Court)

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

Regina v Norman – Times Law Reports

Posted August 21st, 2008 in fitness to plead, insanity, law reports by sally

Regina v Norman

Court of Appeal (Criminal Division)

“Once it was clear that there was an issue as to unfitness to plead, it was necessary to ensure very careful case management so that full information was provided to the court without delay.”

The Times, 21st 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.

MJ and Another v Neath Port Talbot County Borough Council – Times Law Report

Posted August 21st, 2008 in adoption, law reports by sally

MJ and Another v Neath Port Talbot County Borough Council

Court of Appeal

“Flaws in an adoption panel’s decision-making process could not be cured by a subsequent hearing in court.”

The Times, 21st 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: Rececnt Decisions

Posted August 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Hills, R. v [2008] EWCA Crim 1871 (17 July 2008)

High Court (Administrative Court)

Hiscox, R (on the application of) v Secretary of State for Work & Pensions [2008] EWHC 1986 (Admin) (25 July 2008)

Kinsley, R (on the application of) v Hendon Magistrates’ Court [2008] EWHC 2013 (Admin) (23 July 2008)

S, R (on the application of) v Halton Borough Council & Anor [2008] EWHC 1982 (Admin) (21 July 2008)

Cleary, R (on the application of) v HM Revenue & Customs [2008] EWHC 1987 (Admin) (24 July 2008)

High Court (Commercial Court)

ESR Insurance Services Ltd. v Clemons & Ors [2008] EWHC 2023 (Comm) (11 August 2008)

Source: www.bailii.org

Regina (Heffernan) v Rent Service – Times Law Reports

Posted August 21st, 2008 in benefits, housing, law reports, rent by sally

Regina (Heffernan) v Rent Service

House of Lords

“Rent officers should not base a local reference rent on too large an area.”

The Times, 20th 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 (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th 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.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – Times Law Reports

Posted August 19th, 2008 in appeals, EC law, extradition, fugitive offenders, Italy, law reports, warrants by sally

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy

House of Lords

“Where a fugitive from Italy had been found guilty of an offence in his absence and sentenced to a term of imprisonment, under Italian law, his trial had not been finally completed pending appeal and his extradition from the United Kingdom had been properly sought as an accused rather than a convicted person.”

The Times, 19th 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 if publication.

Practice Direction (Court Dress) (No 5) – Times Law Reports

Posted August 19th, 2008 in court dress, law reports, practice directions by sally

Practice Direction (Court Dress) (No 5)

Supreme Court

“Judges in civil cases would wear a new civil robe, without a wig, as from October 1, 2008, and would be distinguishable by different coloured tabs.”

The Times, 19th 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 if publication.

R v K – WLR Daily

Posted August 18th, 2008 in barristers, immigration, law reports, professional conduct by sally

R v K [2008] EWCA Crim 1900; [2008] WLR (D) 294

“A person called to the Bar who had not found a place in chambers but fell within para 206.1 of the Code of Conduct was not thereby ‘authorised’ by the Bar Council to practise as a member of the profession whose members the Bar Council regulated for purposes of s 84 of the Immigration and Asylum Act 1999; accordingly he was apt to be prosecuted for providing immigration advice or immigration services contrary to ss 84 and 91 of the 1999 Act.”

WLR Daily, 15th 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.

Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily

Posted August 18th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293

“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”

WLR Daily, 15th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.

Roberts v Gill & Co (a Firm) and Another – Times Law Reports

Posted August 18th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co (a Firm) and Another

Court of Appeal

“When the court gave permission for a personal claim, brought by a beneficiary of an estate in his personal capacity, to be continued as a derivative claim on behalf of the estate, the personal representative or administrator had to be joined as a party to those proceedings.”

The Times, 18th 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.

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another – The Times

Posted August 18th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another

Court of Appeal (Criminal Division)

“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”

The Times, 18th 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 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

K, R. v [2008] EWCA Crim 1900 (14 August 2008)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v TB (Jamaica) [2008] EWCA Civ 977 (14 August 2008)

High Court (Administrative Court)

Rideh v Secretary of State for the Home Department [2008] EWHC 2019 (Admin) (15 August 2008)

Beckett v Secretary of State for the Home Department [2008] EWHC 2002 (Admin) (15 August 2008)

High Court (Technology and Construction Court)

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

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 14th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

El Hudarey, R. v [2008] EWCA Crim 1761 (11 July 2008)

High Court (Administrative Court)

Slough Borough Council & Anor v Secretary of State for Communities and Local Government [2008] EWHC 1977 (Admin) (11 August 2008)

Secretary of State for the Home Department v AP [2008] EWHC 2001 (Admin) (12 August 2008)

High Court (Technology and Construction Court)

Adams & Anor v Scottish and Southern Energy Plc & Anor [2008] EWHC 1926 (TCC) (22 July 2008)

Source: www.bailii.org

Doherty v Birmingham City Council – Times Law Reports

Posted August 14th, 2008 in human rights, law reports, local government, travellers by sally

Doherty v Birmingham City Council

House of Lords

“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier’s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier’s defence to a local authority’s claim for possession should be remitted to the judge for examination of the question whether the council’s decision to seek possession had been reasonable.”

The Times, 14th 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 13th, 2008 in law reports by sally

High Court (Commercial Court)

Sea Emerald SA v Prominvestbank- Joint Stockpoint Commercial Industrial & Anor [2008] EWHC 1979 (Comm) (11 August 2008)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2008] EWHC 1748 (Comm) (22 July 2008)

High Court (Patents Court)

Interdigital Technology Corporation v Nokia Corporation & Anor [2008] EWHC 969 (Pat) (29 April 2008)

Source: www.bailii.org

R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th 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.

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 13th, 2008 in human rights, law reports, local government, travellers by sally

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291

“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”

WLR Daily, 12th 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.

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

Posted August 13th, 2008 in human rights, immigration, law reports, marriage by sally

Regina (Baiai and Another) v Secretary of State for the Home Department

House of Lords

“Speeches July 30, 2008 The statutory scheme requiring the permission of the Secretary of State for the Home Department for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by article 12 of the European Convention on Human Rights.”

The Times, 13th 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.