Category: law reports

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

Posted August 4th, 2008 in capital allowances, corporation tax, law reports, warehousing by sally

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281

“The expenditure on a warehouse building 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 and therefore did not qualify as a capital allowance under s 18 of the Capital Allowances Act 1990.”

WLR Daily, 1st 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.

Lifely v Lifely – WLR Daily

Posted August 4th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280

“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”

WLR Daily, 1st 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 (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st 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.

Harris v Perry and another – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st 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.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Posted August 4th, 2008 in assignment, financial regulation, law reports, third parties by sally

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st 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.

Ewing v Director of Public Prosecutions – WLR Daily

Posted August 4th, 2008 in judicial review, law reports, prosecutions, vexatious litigants by sally

Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276

“It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter.”

WLR Daily, 1st 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.

Donaldson v O’Sullivan (Official Receiver intervening) – WLR Daily

Posted August 4th, 2008 in law reports, trustees in bankruptcy by sally

Donaldson v O’Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors’ meeting should make such an appointment.”

WLR Daily, 1st 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.

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

Posted August 4th, 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 [2008] UKHL 51; [2008] WLR (D) 274

“Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st 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.

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted August 4th, 2008 in duty of care, law reports, police by sally

Smith v Chief Constable of Sussex Police

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th 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 1st, 2008 in law reports by sally

High Court (Family Division)

Z County Council v TS & Ors [2008] EWHC 1773 (Fam) (25 July 2008)

SW v SW & Anor [2008] EWHC 1890 (Fam) (31 July 2008)

High Court (Patents Court)

Re Council Regulation (EEC) No 1768/92 [2008] EWHC 1902 (Pat) (31 July 2008)

Eli Lilly & Company v Human Genome Sciences Inc [2008] EWHC 1903 (Pat) (31 July 2008)

Source: www.bailii.org.

BAILII: Recent Decisions

Posted August 1st, 2008 in law reports by sally

High Court (Administrative Court)

Watkins-Singh, R (on the application of) v The Governing Body of Aberdare Girls’ High School & Anor [2008] EWHC 1865 (Admin) (29 July 2008)

Pinnington, R (on the application of) v Chief Constable of Thames Valley Police [2008] EWHC 1870 (Admin) (31 July 2008)

AV & AU v Secretary of State for the Home Department [2008] EWHC 1895 (Admin) (31 July 2008)

High Court (Chancery Division)

Prudential Plc v HM Revenue & Customs [2008] EWHC 1839 (Ch) (31 July 2008)

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services Plc [2008] EWHC 1897 (Ch) (31 July 2008)

Lucasfilm Ltd & Ors v Ainsworth & Anor [2008] EWHC 1878 (Ch) (31 July 2008)

High Court (Commercial court)

Seagate Shipping Ltd v Glencore International AG [2008] EWHC 1904 (Comm) (31 July 2008)

High Court (Queen’s bench Division)

Berezovsky v Russian Television & Radio Broadcasting Company & Anor [2008] EWHC 1918 (QB) (31 July 2008)

Smith v ADVFN Plc & Ors [2008] EWHC 1797 (QB) (31 July 2008)

Ul-Haq & Ors v Shah [2008] EWHC 1896 (QB) (31 July 2008)

RAM Media Ltd v Ministry of Culture of the Hellenic Republic (Secretariat General of Sport) [2008] EWHC 1835 (QB) (31 July 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 1st, 2008 in law reports by sally

Court of Appeal (Civil Divison)

Attorney General of Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 1007 (31 July 2008)

Boehringer Ingelheim KG & Anor v Swingward Ltd [2008] EWCA Civ 881 (31 July 2008)

Perry & Anor v Harris (A Minor) [2008] EWCA Civ 907 (31 July 2008)

Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [2008] EWCA Civ 930 (31 July 2008)

Field v British Coal Corporation [2008] EWCA Civ 912 (31 July 2008)

XY (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 911 (31 July 2008)

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 (31 July 2008)

Court of Appeal (Criminal Division)       

Islam, R v [2008] EWCA Crim 1740 (31 July 2008)

Source: www.bailii.org

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another – WLR Daily

Posted August 1st, 2008 in animals, confidentiality, 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 [2008] EWCA Civ 870; [2008] WLR (D) 273

“Information supplied by applicants for animal experimentation licences was exempt from disclosure under the Freedom of Information Act 2000 if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence, which was a subjective test requiring consideration of the position when the information was given and the intentions of the giver at that time, rather than an objective test derived from the law of confidentiality.”

WLR Daily, 31st July 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 (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) – WLR Daily

Posted August 1st, 2008 in human rights, immigration, law reports, marriage by sally

R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53; [2008] WLR (D) 272

“The statutory scheme requiring the Secretary of State’s permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by art 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms, scheduled to the Human Rights Act 1998.”

WLR Daily, 31st July 2008

Source: www.lawreports.co.uk

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


Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Posted August 1st, 2008 in duty of care, law reports, police, witnesses by sally

Van Colle and Another v Chief Constable of Hertfordshire Constabulary

House of Lords

“The test for considering whether the state had violated its obligation to protect life under article 2 of the European Convention on Human Rights was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

The Times, 1st 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 July 31st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell v Revenue & Customs Prosecutions Office & Anor [2008] EWCA Crim 1741 (30 July 2008)

S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)

Court of Appeal (Civil Division)

Lifely v Lifely [2008] EWCA Civ 904 (30 July 2008)

KH (Sudan) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 887 (30 July 2008)

Donaldson v O’Sullivan [2008] EWCA Civ 879 (30 July 2008)

British Union for the Abolition of Vivisection v Home Office & Anor [2008] EWCA Civ 870 (30 July 2008)

Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)

Birmingham City Council v Lee [2008] EWCA Civ 891 (30 July 2008)

NF (Ghana) v Secretary of State for the Home Department [2008] EWCA Civ 906 (30 July 2008)

LS (Uzbekistan) v Secretary of State for the Home Department [2008] EWCA Civ 909 (30 July 2008)

High Court (Administrative Division)

Basi & Anor v London Borough of Redbridge [2008] EWHC 1699 (Admin) (16 July 2008)

High Court (Commercial Court)

Ace Capital Ltd v CMS Energy Corporation [2008] EWHC 1843 (Comm) (30 July 2008)

Source: www.bailii.org

R (Securiplan plc) v Security Industry Authority – WLR Daily

Posted July 31st, 2008 in judicial review, law reports, prosecutions, security companies by sally

R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271

“Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act.”

WLR Daily, 30th July 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.

Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily

Posted July 31st, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883

“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.”

WLR Daily, 30th July 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.

Cantrell v Wycombe District Council – WLR Daily

Posted July 31st, 2008 in law reports, positive covenants by sally

Cantrell v Wycombe District Council [2008] EWCA Civ 866; [2008] WLR (D) 269

“A positive convenant could not be enforced against the successor in title of the covenantor in common law even though the agreement had been made with express reference to s 609 of the Housing Act 1985 to disapply the common law prohibition. Parliament had not intended s 609 to displace the common law.”

WLR Daily, 30th July 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 (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) – WLR Daily

Posted July 31st, 2008 in bribery, corruption, law reports, Saudi Arabia, Serious Fraud Office by sally

R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60; [2008] WLR (D) 267

“Where, following threats by a foreign state as to the consequences, affecting national security, if he pursued an investigation into alleged corruption, the Director of the Serious Fraud Office had discontinued it, he had been entitled in his discretion to do so.”

WLR Daily, 30th July 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.