BAILII: Recent Decisions
High Court (Family Division)
X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)
High Court (Administrative Court)
HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)
Source: www.bailii.org
High Court (Family Division)
X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)
High Court (Administrative Court)
HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)
Source: www.bailii.org
Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another
Court of Appeal (Criminal Division)
“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”
The Times, 27th 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.
Court of Appeal
“When the court was considering the admissibility of arguably wrongfully obtained fresh evidence it might consider factors going beyond the classical test.”
The Times, 27th 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.
Court of Appeal
“A person who made a complaint to the police, instigating an investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if proceedings were subsequently brought.”
The Times, 27th 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.
Bailey v Ministry of Defence and Another
Court of Appeal
“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.”
The Times, 26th 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.
Court of Appeal (Criminal Division)
“A trial judge could not assent to an application of no case to answer nor enter a verdict of not guilty before the close of the prosecution evidence without the clear consent of all the parties.”
The Times, 25th 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.
Court of Appeal
“A judge imposed an unreasonably high standard of care in holding that children playing on a bouncy castle hired by parents for a children’s party required uninterrupted supervision.”
The Times, 25th 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.
Court of Appeal (Criminal Division)
RB, R. v [2008] EWCA Crim 1850 (17 July 2008)
High Court (Queen’s Bench Division)
High Court (Family Division)
The Local Authority v RK & Ors [2008] EWHC 2051 (Fam) (21 August 2008)
High Court (Administrative Court)
Source: www.bailii.org
High Court (Family Division)
N (A Child), Re [2008] EWHC 2042 (Fam) (20 August 2008)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Source: www.bailii.org
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
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.
Court of Appeal (Criminal Division)
Hills, R. v [2008] EWCA Crim 1871 (17 July 2008)
High Court (Administrative Court)
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
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.
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
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)
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.
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
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
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.