law reports – Page 311 – Current Awareness

Mason v Ministry of Justice – WLR Daily

Posted July 31st, 2008 in human rights, law reports, parole, prisons by sally

Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265

“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”

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.

Regina (Corner House Research and Another) v Director of the Serious Fraud Office – Times Law Reports

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

Regina (Corner House Research and Another) v Director of the Serious Fraud Office

House of Lords

“Where he took the view that protecting the lives of British citizens outweighed the public interest in pursuing an investigation into allegations of corruption, the Director of the Serious Fraud Office had been entitled to exercise his discretion to discontinue the corruption investigation following threats by a foreign state as to consequences affecting national security if he did not do so.”

The Times, 31st July 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.

House of Lords Judgments: What’s new?

Posted July 30th, 2008 in law reports by sally

Van Colle (administrator of the estate of GC (deceased)) and another (Original-Respondents and Cross-appellants) v Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent) Smith (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50 (30 July 2008)

Caldarelli (Appellant) v Court of Naples (Respondent) (Criminal Appeal from her Majesty’s High Court of Justice) [2008] UKHL 51 (30 July 2008)

R (on the application of M) (FC) (Respondent) v Slough Borough Council (Appellants) [2008] UKHL 52 (30 July 2008)

R (on the application of Baiai and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action (formerly R (on the application of Trzcinska and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action [2008] UKHL 53 (30 July 2008)

Maco Door and Windows Hardware (UK) Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) [2008] UKHL 54 (30 July 2008)

Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 (30 July 2008)

Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day saints (Appellants) [2008] UKHL 56 (30 July 2008)

Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UKHL 57 (30 July 2008)

R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UKHL 58 (30 July 2008)

McKinnon (Appellant) v Government of the United States of America (Respondents) and another [2008] UKHL 59 (30 July 2008)

R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty’s High Court of Justice) [2008] UKHL 60 (30 July 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted July 30th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Khyam & Ors,R v [2008] EWCA Crim 1612 (23 July 2008)

Court of Appeal (Civil Division)

Handi-Craft Company & Anor v B Free World Ltd & Ors [2008] EWCA Civ 868 (30 July 2008)

High Court (Chancery Division)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

High Court (Queen’s Bench Division)

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd v Mott MacDonald Ltd [2008] EWHC 1864 (TCC) (17 July 2008)

Source: www.bailii.org

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily

Posted July 30th, 2008 in environmental protection, law reports, waste by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264

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

WLR Daily, 29th 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.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th 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.

Regina (C) v Secretary of State for Justice – WLR Daily

Posted July 30th, 2008 in law reports, restraint, young offenders by sally

Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262

“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”

WLR Daily, 29th 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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th 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.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2008 in asylum, law reports, statutory interpretation by sally

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th 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.

Mosley v News Group Newspapers Ltd – Times Law Reports

Posted July 30th, 2008 in law reports, media, privacy by sally

Mosley v News Group Newspapers Ltd

Queen’s Bench Division

“It was not for the media to expose sexual conduct between consenting adults which did not involve any significant breach of the criminal law except where there was a countervailing public interest because at least one of the established limiting principles, such as victimisation or corruption of the young, came into play.”

The Times, 30th July 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 29th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Cantrell v Wycombe District Council [2008] EWCA Civ 866 (29 July 2008)

Bailey v The Ministry of Defence & Anor [2008] EWCA Civ 883 (29 July 2008)

Blyth Valley Borough Council v Persimmon Homes (North East) Ltd & Ors [2008] EWCA Civ 861 (29 July 2008)

Redcar & Cleveland Borough Council v Bainbridge & Ors (“Bainbridge 1”) [2008] EWCA Civ 885 (29 July 2008)

G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 (29 July 2008)

High Court (Administrative Division)

O, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1736 (Admin) (10 July 2008)

Taylor Wimpey UK, R (on the application of) v Secretary of State for Communities and Local Government [2008] EWHC 1738 (Admin) (09 July 2008)

Sedgefield Borough Council v Crowe [2008] EWHC 1814 (Admin) (08 July 2008)

YG, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1735 (Admin) (08 July 2008)

Ashby, R (on the application of) v Royal Pharmaceutical Society of Great Britain [2008] EWHC 1739 (Admin) (07 July 2008)

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

High Court (Commercial Court)

Underwriting Members of Lloyd’s Syndicate 980 & Ors v Sinco SA [2008] EWHC 1842 (Comm) (29 July 2008)

High Court (Technology and Construction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 29th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Noble, R. v [2008] EWCA Crim 1473 (24 June 2008)

Court of Appeal (Civil Division)

British Airways Plc v Grundy [2008] EWCA Civ 875 (28 July 2008)

ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWCA Civ 880 (28 July 2008)

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878 (28 July 2008)

High Court (Queen’s Bench Division)

Mason v Ministry of Justice [2008] EWHC 1787 (QB) (28 July 2008)

Thames Water Utilities Ltd, R (on the application of) v Water Services Regulation Authority [2008] EWHC 1763 (QB) (28 July 2008)

High Court (Chancery Division)

Daniels & Ors v Deville & Ors [2008] EWHC 1810 (Ch) (25 July 2008)

High Court (Administrative Division)

Lewis, R (on the application of) v Persimmon Homes Plc [2008] EWHC 1813 (Admin) (18 July 2008)

Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor [2008] EWHC 1762 (Admin) (25 July 2008)

High Court (Commercial Court)

Orascom Telecom Holding SAE v Republic of Chad & Ors [2008] EWHC 1841 (Comm) (28 July 2008)

Berghoff Trading Ltd & Ors v Swinbrook Developments Ltd & Ors [2008] EWHC 1785 (Comm) (28 July 2008)

High Court (Technology and Construction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

Source: www.bailii.org

Mosley v News Group Newspapers Ltd – WLR Daily

Posted July 29th, 2008 in damages, law reports, media, privacy by sally

Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] WLR (D); [2008] WLR (D) 259

“Sado-masochistic behaviour, even where it involved adultery, was not a matter of genuine public interest justifying interference by the media in an individual’s private life. Exemplary damages were not available in a claim for infringement of privacy: a claim for compensatory damages could reflect an element of aggravation. Certain principles were applicable in the assessment of compensatory damages for infringement of privacy.”

WLR Daily, 28th 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.

Bocardo SA v Star Energy and another – WLR Daily

Posted July 29th, 2008 in law reports, oil wells, trespass by sally

Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258

“Access to land to remove oil vested in the Crown from beneath the subsoil, without obtaining access rights from the owner of the land, amounted to an actionable trespass entitling the landowner to compensation, which was to be assessed on the basis of what would be fair and reasonable between willing parties.”

WLR Daily, 28th 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.

Newport City Council v Charles – Times Law Reports

Posted July 29th, 2008 in appeals, law reports, legal representation, lists by sally

Newport City Council v Charles

Court of Appeal

“A fixture need not be vacated when the Civil Appeals Listing Office had failed to ascertain that leading counsel was prebooked for an appeal due to be heard in Cardiff.”

The Times, 29th July 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.

Coleman v Attridge Law (a Firm) and Another Case C-303/06 – Times Law Reports

Posted July 29th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law (a Firm) and Another Case C-303/06

Court of Justice of the European Communities

“The prohibition of direct discrimination against and harassment of disabled people in employment, provided for in the Community disability directive, was not limited to employees who were themselves disabled but extended to unequal treatment and harassment of a non-disabled employee for reasons connected with the disability of his child.”

The Times, 29th July 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.

Coleman v Attridge Law and another – WLR Daily

Posted July 28th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

“The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th 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 v Sivaraman – WLR Daily

Posted July 28th, 2008 in conspiracy, fraud, law reports, proceeds of crime by sally

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th 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.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th 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.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th 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.