Category: law reports
R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another – WLR Daily
“The Independent Police Complaints Commission did not act incompatibly with Convention rights in not giving a direction to chief officers to prohibit conferring between officers following a fatal shooting by police officers.”
WLR Daily, 13th 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.
Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily
Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314
“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”
WLR Daily, 13th 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 (C) v Secretary of State for Justice – Times Law Reports
Regina (C) v Secretary of State for Justice
Court of Appeal
“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”
The Times, 14th 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
Court of Appeal (Criminal Division)
Velev, R v [2008] EWCA Crim 2162 (12 September 2008)
Thomas, R v [2008] EWCA Crim 2151 (18 September 2008)
Saldana, R v [2008] EWCA Crim 2154 (23 September 2008)
Belaid, R v [2008] EWCA Crim 2153 (23 September 2008)
Court of Appeal (Civil Division)
KS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1080 (24 September 2008)
High Court (Chancery Division)
Tower MCashback LLP 1 & Anor v HM Revenue & Customs [2008] EWHC 2387 (Ch) (13 October 2008)
High Court (Queen’s Bench Division)
Mahdi & Ors v Al-Habi & Ors [2008] EWHC 2374 (QB) (09 September 2008)
High Court (Administrative Court)
High Court (Commercial Court)
Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)
High Court (Technology and Construction Court)
Source: www.bailii.org
R v S (F) and A(S) – WLR Daily
R v S (F) and A(S); [2008] WLR (D) 313
“The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. Only knowledge of it might be incriminating if the data contained incriminating material.”
WLR Daily, 10th 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.
Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg – WLR Daily
“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”
WLR Daily, 10th 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 Courts plc – WLR Daily
In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311
“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”
WLR Daily, 10th 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. K. and A. K. v United Kingdom – Times Law Reports
R. K. and A. K. v United Kingdom (Application No 38000/05)
European Court of Human Rights
“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”
The Times, 13th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
Regina v Guy’s and St Thomas’s NHS Trust – Times Law Reports
Regina v Guy’s and St Thomas’s NHS Trust
Court of Appeal
“It was against the public interest to punish by a large fine a not-for-profit organisation, carrying out work for the public benefit, where a failing occurred without fault on the part of that body, but through an act or default of an employee, to whom the task was properly delegated and who was properly trained.”
The Times, 10th 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.
Cantrell v Wycombe District Council – Times Law Reports
Cantrell v Wycombe District Council
Court of Appeal
“An agreement by a housing association with a local authority to house council-nominated tenants in its property was a positive obligation which could not be enforced against a subsequent buyer of the property.”
The Times, 10th 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
Court of Appeal (Criminal Division)
S & Anor, R. v [2008] EWCA Crim 2177 (09 October 2008)
High Court (Administrative Court)
High Court (Family Division)
M & Anor (Children) [2008] EWHC 2281 (Fam) (06 October 2008)
Source: www.bailii.org
Symbian Ltd v Comptroller General of Patents – WLR Daily
Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310
“A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to work faster and more reliably.”
WLR Daily, 9th 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.
St George v Home Office – WLR Daily
St George v Home Office [2008] EWCA Civ 1068; [2008] WLR (D) 309
“When a person who was an addict suffered a seizure while he was in custody as a result of withdrawal from addiction, and then fell and suffered injury, regard was to be had, when considering the claimant’s possible contributory negligence and whether the resulting damage was the result ‘partly of his own fault’, to the question whether the addiction was a ‘potent cause’ of the damage.”
WLR Daily, 9th 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.
BAILII: Recent Decisions
High Court (Chancery Division)
Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWHC 2347 (Ch) (9 October 2008)
Courts Plc (In Liquidation) [2008] EWHC 2339 (Ch) (09 October 2008)
High Court (Queen’s Bench Division)
Williams v Jervis (Lex Komatsu) [2008] EWHC 2346 (QB) (08 October 2008)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
St George v The Home Office [2008] EWCA Civ 1068 (08 October 2008)
Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066 (08 October 2008)
Behzadi v Behzadi [2008] EWCA Civ 1070 (08 October 2008)
Orchard (Developments) Holdings Plc v Reuters Ltd [2008] EWCA Civ 1017 (02 September 2008)
JN (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1018 (02 September 2008)
HJ (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 1019 (02 September 2008)
TC (Zimbabwe) v Entry Clearance Officer, Harare [2008] EWCA Civ 1020 (02 September 2008)
High Court (Chancery Division)
Horsham Properties Group Ltd v Clark & Anor [2008] EWHC 2327 (Ch) (08 October 2008)
High Court (Family Division)
L v The Human Fertilisation and Embryology Authority [2008] EWHC 2149 (Fam) (03 October 2008)
High Court (Administrative Division)
High Court (Commercial Court)
Office of Fair Trading v Abbey National Plc & Ors [2008] EWHC 2325 (Comm) (08 October 2008)
High Court (Technology and Construction Court)
Benfield Construction Ltd v Trudson (Hatton) Ltd [2008] EWHC 2333 (TCC) (17 September 2008)
E Group Ltd & Anor v Baker (t/a ‘Hello’) [2008] EWHC 2349 (TCC) (18 September 2008)
Source: www.bailii.org
In re S (A Child) – WLR Daily
In re S (A Child); [2008] WLR (D) 308
“When considering whether to revoke a placement order placing a child for adoption with prospective adopters, it was wrong to focus on whether the carers were ‘potential’ adopters.”
WLR, 8th October 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) – WLR Daily
“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR, 8th October 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) – WLR Daily
“Where a parent in family proceedings was also involved in some other relevant matter such as an asylum or immigration dispute with the Home Office, criminal proceedings or a housing dispute, practitioners acting for that parent had an ongoing duty to remain au courant with what was going on elsewhere even if that other matter was being handled by other professionals.”
WLR, 8th October 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chilton-Merryweather v Hunt and Others – Times Law Reports
Chilton-Merryweather v Hunt and Others
Court of Appeal
“An increase in noise and pollution caused by growth in the volume of traffic on a motorway was not sufficient to justify a reduction in the council tax for neighbouring properties.”
The Times, 9th 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.
