law reports – Page 309 – Current Awareness

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State 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 at the initial decision-making stage, provided it acted fairly.”

WLR Daily, 11th 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.

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd – WLR Daily

Posted August 12th, 2008 in damages, law reports, sale of goods, theft by sally

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd [2008] EWCA Civ 955; [2008] WLR (D) 289

“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.”

WLR Daily, 11th 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.

R (St Helens Borough Council) v Manchester Primary Care Trust and another – WLR Daily

Posted August 12th, 2008 in health, judicial review, law reports, social services by sally

R (St Helens Borough Council) v Manchester Primary Care Trust and another [2008] EWCA Civ 931; [2008] WLR (D) 288

“It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.”

WLR Daily, 11th 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.

R v Freeman; R v Crawford – WLR Daily

Posted August 12th, 2008 in admissibility, bad character, evidence, juries, law reports by sally

R v Freeman; R v Crawford [2008] EWCA Crim 1863; [2008] WLR (D) 287

“Some care was required in directing a jury when approaching the cross-admissibility of bad character evidence.”

WLR Daily, 11th 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.

Shore v Sedgwick Financial Services Ltd and Another – Times Law Reports

Posted August 12th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and Another

Court of Appeal

“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”

The Times, 12th 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.

Uzinterimpex JSC v Standard Bank plc – Times Law Reports

Posted August 12th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc

Court of Appeal

“In a claim in conversion for wrongful interference with goods, the claimant’s failure to mitigate the loss was a new intervening cause, breaking the link between the original wrongdoing and and the continuing loss, which released the wrongdoer from liability for subsequent loss after that failure.”

The Times, 12th 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 Bieber – Times Law Reports

Posted August 11th, 2008 in law reports, murder, sentencing by sally

Regina v Bieber

Court of Appeal (Criminal Division)

“The imposition of a whole life sentence did not result in inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights.”

The Times, 11th 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.

Newport City Council v Charles – Times Law Reports

Posted August 11th, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles

Court of Appeal

“A council tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

The Times, 11th 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 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Walker, R. v [2008] EWCA Crim 1827 (09 July 2008)

Court of Appeal (Civil Division)

Attorney General of Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 875_2 (31 July 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Shabir v R. [2008] EWCA Crim 1809 (31 July 2008)

Court of Appeal (Civil Division)

St Helens Borough Council v Manchester Primary Care Trust & Anor [2008] EWCA Civ 931 (06 August 2008)

High Court (Chancery Division)

Whirlpool Corporation & Ors v Kenwood Ltd [2008] EWHC 1930 (Ch) (04 August 2008)

HM Revenue & Customs v Xicom Systems Ltd [2008] EWHC 1945 (Ch) (04 August 2008)

Hodsoll & Anor v Hon Louisa-Jane Hanbury [2008] EWHC 1970 (Ch) (06 August 2008)

High Court (Queen’s Bench Division)

Richardson v Russell [2008] EWHC 1708 (QB) (06 August 2008)

Source: www.bailii.org

Gallagher (Valuation Officer) v Church of Jesus Christ of Latter Day Saints – Times Law Reports

Posted August 7th, 2008 in law reports, rates by sally

Gallagher (Valuation Officer) v Church of Jesus Christ of Latter Day Saints

House of Lords

“A Mormon Temple, which was open only to Mormons in good standing, was not a place of public religious worship within the meaning of paragraph 11(1)(a) of Schedule 5 to the Local Government Finance Act 1988 and was thus not exempt from the rating list.”

The Times, 7th 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 Hills; Regina v Pomfret; Regina v Davies – Times Law Reports

Posted August 7th, 2008 in law reports, parole, sentencing by sally

Regina v Hills; Regina v Pomfret; Regina v Davies

Court of Appeal (Criminal Division)

“A consecutive prison sentence could be added to a life sentence where the circumstances warranted it.”

The Times, 7th 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 6th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Murray, R. v [2008] EWCA Crim 1792 (16 July 2008)

High Court (Administrative Court)

Joyce v Secretary of State for Health [2008] EWHC 1891 (Admin) (01 August 2008)

High Court (Patents Court)

Magical Marking Ltd & Anor v Phillips & Ors [2008] EWHC 1640 (Pat) (07 July 2008)

Source: www.bailii.org

Greenweb Ltd v Wandsworth London Borough Council – WLR Daily

Posted August 6th, 2008 in compensation, compulsory purchase, law reports, planning by sally

Greenweb Ltd v Wandsworth London Borough Council; [2008] WLR (D) 286

“On the proper interpretation of ss 14(1) and 15 (3) of the Land Compensation Act 1961 the amount of compensation payable for compulsory acquisition of vacant land on which Victorian houses had stood prior to their destruction during the Second World War should be based on the assumption that planning permission had been granted for specified development even though planning permission for such development had in fact been refused.”

WLR Daily, 5th 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.

McKinnon v Government of the United States of America – Times Law Reports

Posted August 6th, 2008 in abuse of process, extradition, law reports, plea bargaining by sally

McKinnon v Government of the United States of America

House of Lords

“A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

The Times, 6th 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 5th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Kirk v Walton [2008] EWHC 1780 (QB) (24 July 2008)

Peart Stevenson Associates Ltd v Holland [2008] EWHC 1868 (QB) (30 July 2008)

Tullett Prebon Group Ltd v El-Hajjali [2008] EWHC 1924 (QB) (31 July 2008)

High Court (Chancery Division)

Gold Fields Mining LLC v Tucker & Anor [2008] EWHC 1696 (Ch) (10 July 2008)

Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz Al-Saud [2008] EWHC 1893 (Ch) (31 July 2008)

High Court (Administrative Court)

McMorine, R (on the application of) v Nursing & Midwifery Council [2008] EWHC 1821 (Admin) (11 July 2008)

Merchant, R (on the application of) v Nursing & Midwifery Council [2008] EWHC 1820 (Admin) (11 July 2008)

Jamal, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1854 (Admin) (14 July 2008)

Lashley, R (on the application of) v An Independent Adjudicator & Anor [2008] EWHC 1853 (Admin) (18 July 2008)

High Court (Technology and Construction Court)

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

Source: www.bailii.org

Practice Direction (Court Dress) (No 5) – WLR Daily

Posted August 5th, 2008 in court dress, law reports, practice directions by sally

Practice Direction (Court Dress) (No 5); [2008] WLR (D) 285

“A new civil robe, to be worn without a wig, would be introduced for judges in civil cases from 1 October 2008.”

WLR Daily, 4th 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 (A) v Director of Establishments of the Security Service – Times Law Reports

Posted August 5th, 2008 in human rights, investigatory powers, jurisdiction, law reports, tribunals by sally

Regina (A) v Director of Establishments of the Security Service

Queen’s Bench Division

“The Investigatory Powers Tribunal did not have exclusive jurisdiction where a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights brought up matters within its purview.”

The Times, 5th 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.

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another – Times Law Reports

Posted August 5th, 2008 in animals, disclosure, experiments, freedom of information, law reports by sally

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another

Court of Appeal

“Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence.”

The Times, 5th 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.