law reports – Page 313 – Current Awareness

“The mere existence of an ex gratia scheme for compensation to the victims of miscarriages of justice was not by itself sufficient to create a legitimate expectation that the scheme would be continued. In consequence, the minister was entitled to abolish it without consultation or notice.”

The Times, 21st 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.

Regina v Noble – Times Law Reports

Posted July 21st, 2008 in bail, contempt of court, law reports by sally

Regina v Noble

Court of Appeal (Criminal Division)

“Defendants who failed to attend court in response to a summons should not be convicted and sentenced for offences under the Bail Act 1976 or for contempt of court if they were not on bail and/or had received no notice of the summons.”

The Times, 21st 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.

Allen and others v GMB – WLR Daily

Posted July 18th, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and others v GMB [2008] EWCA Civ 810; [2008] WLR (D) 243

“The striking of a deal by a trade union with a local authority as to terms and conditions of employment pursuant to a national collective agreement establishing a ‘single status’ common pay and grading structure for all local authorities, which deal attempted to achieve compensation for some union members for past pay inequality as well as ongoing pay and employment protection for all members, was indirectly discriminatory since it constituted the application of a provision, criterion or practice which applied equally to men but was to the detriment of a considerably larger proportion of women than of men and since the means adopted by the union to persuade members to accept the deal, including mis-selling and manipulation, were not proportionate to the union’s legitimate aim of achieving single status with the minimum of losers.”

WLR Daily, 17th 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.

Warren v The Random House Group Ltd – WLR Daily

Posted July 18th, 2008 in defamation, law reports, pleadings by sally

Warren v The Random House Group Ltd [2008] EWCA Civ 834; [2008] WLR (D) 242

“Only in exceptional circumstances would the court permit a defendant to resile from an offer of amends made and accepted in a libel action.”

WLR daily, 17th 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.

BAILII: Recent Decisions

Posted July 18th, 2008 in law reports by sally

High Court (CHancery Division)

Hearn & Ors v Dobson & Anor [2008] EWHC 1620 (Ch) (17 July 2008)

Source: www.bailii.org/

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others – Times Law Reports

Posted July 18th, 2008 in education, law reports, race discrimination by sally

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others

Queen’s Bench Division

“Faith schools which gave priority to children of their designated faith in the event of oversubscription did not directly or indirectly racially discriminate against non-members of the faith.”

The Times, 18th 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.

Procter and Gamble UK v Revenue and Customs Commissioners – Times Law Reports

Posted July 18th, 2008 in food, law reports, VAT by sally

Procter and Gamble UK v Revenue and Customs Commissioners

Chancery Division

“Regular Pringles were zero-rated for VAT because they were not potato products.”

The Times, 18th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

B, R. v [2008] EWCA Crim 1524 (17 July 2008)

Panesar, R. v [2008] EWCA Crim 1526 (17 July 2008)

Lunkov, R. v [2008] EWCA Crim 1525 (17 July 2008)
Court of Appeal (Civil Division)

Manton Securities Ltd v Nazam (t/a New Dadyal Cash and Carry) [2008] EWCA Civ 805 (17 July 2008)

GM (Eritrea) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 833 (17 July 2008)

MJ (Mother) and LB (Father) v Local Authority & Ors [2008] EWCA Civ 835 (17 July 2008)

High Court (Chancery Division)

Revenue and Customs v Khawaja [2008] EWHC 1687 (Ch) (17 July 2008)

High Court (Administrative Court)

Finn-Kelcey v Milton Keynes Council [2008] EWHC 1650 (Admin) (17 July 2008)

High Court (Commercial Court)

Equitas Ltd v Allstate Insurance Company [2008] EWHC 1671 (Comm) (17 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd & Anor v Mott MacDonald Ltd [2008] EWHC 1570 (TCC) (17 July 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)

Strachey v Ramage [2008] EWCA Civ 804 (16 July 2008)

Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)

Allen, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 808 (15 July 2008)

High Court (Queen’s Bench Division)

Johnson v Luxcool Ltd & Ors [2008] EWHC 1591 (QB) (15 July 2008)

High Court (Chancery Division)

Lexi Holdings v Luqman & Anor [2008] EWHC 1639 (Ch) (16 July 2008)

IB4AI Llc v Auriel Capital [2008] EWHC 1571 (Ch) (23 June 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1665 (Admin) (16 July 2008)

Murphy v Media Protection Services Ltd [2008] EWHC 1666 (Admin) (16 July 2008)

Nobbs v Director of Public Prosecutions [2008] EWHC 1653 (Admin) (27 June 2008)

Source: www.bailii.org

Practice Direction (Administrative Court: Uncontested proceedings) – Times Law Reports

Posted July 17th, 2008 in Administrative Court, law reports, practice directions by sally

Practice Direction (Administrative Court: Uncontested proceedings)

Queen’s Bench Division

“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”

The Times, 17th 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.

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa – Times Law Reports

Posted July 17th, 2008 in law reports, possession of false identity documents, sentencing by sally

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa

Court of Appeal (Criminal Division)

“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”

The Times, 17th 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.

Westcott v Westcott – WLR Daily

Posted July 17th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241

“A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”

WLR Daily, 16th 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.

Uzinterimpex JSC v Standard Bank plc – WLR Daily

Posted July 17th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240

“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”

WLR Daily, 16th 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.

Roberts v Gill & Co and another – WLR Daily

Posted July 17th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239

“Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”

WLR Daily, 16th 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.

Bulale v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238

“The Court of Appeal had jurisdiction, in very particular circumstances, to pursue a point of general importance in an immigration case not raised below once it occurred to the court, in order to ensure the state’s compliance with its international obligations. Where the point involved whether a propensity to commit robberies constituted a serious threat to society, it was for each member state to decide what sufficed to make threatened future criminal conduct serious enough to justify expulsion of an EEA national who had a right to reside in the United Kingdom.”

WLR Daily, 15th 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 (Harris) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in compensation, law reports, miscarriage of justice by sally

R (Harris) v Secretary of State for the Home Department; [2008] WLR (D) 237

“A defendant whose conviction was quashed on appeal would only be entitled to statutory compensation where that defendant’s innocence had been acknowledged or where there had been serious failures of the trial process.”

WLR Daily, 15th 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.

BAILII: Recent Decisions

Posted July 16th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Cadman v R. [2008] EWCA Crim 1418 (03 July 2008)

Court of Appeal (Civil Division)

R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817 (15 July 2008)

Westcott v Westcott [2008] EWCA Civ 818 (15 July 2008)

Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819 (15 July 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

High Court (Administrative Court)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 1645 (Admin) (14 July 2008)

Humphries & Ors v Secretary of State for Work and Pensions [2008] EWHC 1585 (Admin) (09 July 2008)

High Court (Commercial Court)

Congentra AG v Sixteen Thirteen Marine SA [2008] EWHC 1615 (Comm) (15 July 2008)

Source: www.bailii.org

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn – Times Law Reports

Posted July 16th, 2008 in EC law, law reports, race discrimination by sally

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn

Court of Justice of the European Communities

“Public statements by an employer that it would not recruit employees of a certain racial or ethnic origin constituted direct discrimination in respect of recruitment, within the Community race discrimination directive, even though there was no identifiable complainant contending that he had been the victim of discrimination.”

The Times, 16th 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.

In re Rottmann (a Bankrupt) – Times Law Reports

Posted July 16th, 2008 in bankruptcy, law reports, self-incrimination by sally

In re Rottmann (a Bankrupt)

Chancery Division

“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 16th 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.