law reports – Page 313 – Current Awareness

“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier’s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier’s defence to a local authority’s claim for possession should be remitted to the judge for examination of the question whether the council’s decision to seek possession had been reasonable.”

The Times, 14th 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 13th, 2008 in law reports by sally

High Court (Commercial Court)

Sea Emerald SA v Prominvestbank- Joint Stockpoint Commercial Industrial & Anor [2008] EWHC 1979 (Comm) (11 August 2008)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2008] EWHC 1748 (Comm) (22 July 2008)

High Court (Patents Court)

Interdigital Technology Corporation v Nokia Corporation & Anor [2008] EWHC 969 (Pat) (29 April 2008)

Source: www.bailii.org

R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th 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.

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 13th, 2008 in human rights, law reports, local government, travellers by sally

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291

“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”

WLR Daily, 12th 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 (Baiai and Another) v Secretary of State for the Home Department – Times Law Reports

Posted August 13th, 2008 in human rights, immigration, law reports, marriage by sally

Regina (Baiai and Another) v Secretary of State for the Home Department

House of Lords

“Speeches July 30, 2008 The statutory scheme requiring the permission of the Secretary of State for the Home Department for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by article 12 of the European Convention on Human Rights.”

The Times, 13th 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 12th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Stock, R v [2008] EWCA Crim 1862 (08 August 2008)

Freeman, R v [2008] EWCA Crim 1863 (08 August 2008)

Court of Appeal (Civil Division)

Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955 (08 August 2008)

High Court (Queen’s Bench)

Collett v Smith & Anor [2008] EWHC 1962 (QB) (11 August 2008)

High Court (Chancery Division)

Bookmakers Afternoon Greyhound Services Ltd & Ors v Amalgamated Racing Ltd & Ors [2008] EWHC 1978 (Ch) (08 August 2008)

High Court (Administrative Court)

Secretary of State for the Home Department v Rideh [2008] EWHC 1993 (Admin) (08 August 2008)

Thames Water Utilities Ltd, R (on the application of) v Bromley Magistrates Court [2008] EWHC 1763 (Admin) (28 July 2008)

Attorney General v ITV Central Ltd. [2008] EWHC 1984 (Admin) (15 July 2008)

High Court (Technology and Construction Court)

E Group Ltd v Baker [2008] EWHC 1994 (TCC) (25 July 2008)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC) (31 July 2008)

Rodrigues v Sokal [2008] EWHC 2005 (TCC) (30 July 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corporation & Ors [2008] EWHC 1793 (Comm) (25 July 2008)

Source: www.bailii.org

Joyce v Secretary of State for Health – WLR Daily

Posted August 12th, 2008 in appeals, care workers, law reports, tribunals by sally

Joyce v Secretary of State for Health [2008] EWHC 1891(Admin); [2008] WLR (D) 290

“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.