Regina v Porter – Times Law Reports

Posted July 9th, 2008 in health & safety, law reports, school children by sally

Regina v Porter

Court of Appeal (Criminal Division)

“The fact that a particular risk was a part of everyday life would go the issue whether a member of the public had been exposed to the risk in the conduct of an undertaking.”

The Times, 9th 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.

Gray v Thames Trains Ltd and Another – Times Law Reports

Gray v Thames Trains Ltd and Another

Court of Appeal

“A claimant, who, as a result of the defendant’s negligence, suffered depression which led him to kill someone, could recover damages for loss of earnings after he committed manslaughter so long as his claim was not inextricably linked to his criminal actions.”

The Times, 9th 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 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ali, R. v [2008] EWCA Crim 1410 (21 May 2008)

Cundell, R. v [2008] EWCA Crim 1420 (06 June 2008)

Richards, R. v [2008] EWCA Crim 1427 (09 June 2008)

Beeton, R v [2008] EWCA Crim 1421 (6 June 2008)

High Court (Queen’s Bench Division)

Letting International Ltd v London Borough of Newham [2008] EWHC 1583 (QB) (07 July 2008)

British Seafood Ltd. v Kruk & Anor [2008] EWHC 1528 (QB) (25 June 2008)

High Court (Family Division)

F v M & Anor [2008] EWHC 1525 (Fam) (02 July 2008)

High Court (Amiralty Division)

Krysia Maritime Inc v Intership Ltd [2008] EWHC 1523 (Admlty) (1 July 2008)

Source: www.bailii.org

Rockall v Department for Environment, Food and Rural Affairs – WLR Daily

Posted July 8th, 2008 in law reports, trees by sally

Rockall v Department for Environment, Food and Rural Affairs; [2008] WLR (D) 227

“It was not possible for the court to provide an all-embracing test of what constituted a ‘garden’ in the context of the Forestry Act 1967. To attempt to do so might impede the flexibility inherent in the statute by imposing too rigorous a straitjacket. In determining whether or not land constituted a garden, it was important to have regard to use of the land by the occupier as well as its appearance and condition.”

WLR Daily, 7th 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.

Procter & Gamble UK v Revenue and Customs Commissioners – WLR Daily

Posted July 8th, 2008 in food, law reports, VAT by sally

Procter & Gamble UK v Revenue and Customs Commissioners [2008] EWHC 1558 (Ch); [2008] WLR (D) 226

“The savoury snack, Regular Pringles, were not products ‘made from the potato, or from potato flour, or from potato starch’ so as to fall within excepted item 5 of Group 1 of Sch 8 to the Value Added Tax Act 1994.”

WLR Daily, 7th 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.

GO and others v Secretary of State for the Home Department – WLR Daily

Posted July 8th, 2008 in education, examinations, immigration, law reports by sally

GO and others v Secretary of State for the Home Department [2008] EWCA Civ 747; [2008] WLR (D) 225

“A foreign student who wanted an extension of stay had to be able to produce evidence of satisfactory progress, whether on the course named in his application for entry clearance or on another recognised course which he had undertaken. A failure to sit or to pass relevant examinations would always be material to the evaluation of the student’s progress, but whether it was decisive would depend on the reason for it.”

WLR Daily, 7th 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 (Gilboy) v Liverpool City Council – WLR Daily

Posted July 8th, 2008 in housing, human rights, law reports by sally

R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224

“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th 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 (Weaver) v London and Quadrant Housing Trust – Times Law Reports

Posted July 8th, 2008 in housing, judicial review, law reports by sally

Regina (Weaver) v London and Quadrant Housing Trust

Queen’s Bench Divisional Court

“The management and allocation of housing stock by a registered social landlord was a function of a public nature, so that it was amenable to judicial review and regarded as a public authority for the purposes of the Human Rights Act 1998.”

The Times, 8th 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.

Beoku-Betts v Secretary of State for the Home Department – Times Law Reports

Posted July 8th, 2008 in human rights, immigration, law reports by sally

Beoku-Betts v Secretary of State for the Home Department

House of Lords

“An adjudicator determining an alleged breach of an immigrant’s right to respect for his family life under article 8 of the European Convention on Human Rights was required to take account of the whole family and if removal would be disproportionate, all affected family members were victims.”

The Times, 8th 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 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Delaney & Ors, R. v [2008] EWCA Crim 1419 (03 June 2008)

Court of Appeal (Civil Division)

Walters v Olins [2008] EWCA Civ 782 (04 July 2008)

Oriakhel v Vickers & Ors [2008] EWCA Civ 748 (04 July 2008)

A (Historic Child Abuse) v Wirral Metropolitan Borough Council [2008] EWCA Civ 783 (04 July 2008)

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 (02 July 2008)

Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

Federation of Tour Operators & Ors, R (on the application of) v HM Treasury [2008] EWCA Civ 752 (02 July 2008)

R U (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 753 (02 July 2008)

High Court (Chancery Division)

Procter & Gamble UK v Revenue & Customs (including Supplemental Judgment) [2008] EWHC 1558 (Ch) (04 July 2008)

Vodafone 2 v Revenue and Customs [2008] EWHC 1569 (Ch) (04 July 2008)

French v Barcham & Anor [2008] EWHC 1505 (Ch) (04 July 2008)

High Court (Administrative Division)

A v B [2008] EWHC 1512 (Admin) (04 July 2008)

Japan Post & Ors v Revenue & Customs [2008] EWHC 1511 (Admin) (04 July 2008)

Leitao, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1553 (Admin) (20 June 2008)

High Court (Commercial Court)

UBS Ag & Anor v HSH Nordbank Ag [2008] EWHC 1529 (Comm) (04 July 2008)

Source: www.bailii.org

R (E) v Governing Body of JFS and Others – WLR Daily

Posted July 7th, 2008 in education, law reports, religious discrimination by sally

R (E) v Governing Body of JFS and Others [2008] EWHC 1535/1536; [2008] WLR (D) 223

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

WLR Daily, 4th 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 v Rahman; Regina v Akram; Regina v Amin; Regina v Ali – Times Law Reports

Posted July 7th, 2008 in accomplices, law reports, murder by sally

Regina v Rahman; Regina v Akram; Regina v Amin; Regina v Ali

House of Lords

“The House of Lords dismissed appeals by Islamur Rahman, Kamer Akram, Anjum Nisa Amin and Liaquat Ali from the dismissal by the Court of Appeal, Criminal Division (Lord Justice Hooper, Mr Justice Gibbs and Mr Justice Roderick Evans) ( The Times March 2, 2007; [2007] 1 WLR 219) of their appeals against conviction in Leeds Crown Court (Mr Justice Wakerley and a jury) of murder.”

The Times, 7th 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 4th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Ministry of Defence v Griffin [2008] EWHC 1542 (QB) (03 July 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1535 (Admin) (03 July 2008)

Obienna v Secretary of State for the Home Department [2008] EWHC 1476 (Admin) (27 June 2008)

High Court (Commercial Court)

Cherney v Deripaska [2008] EWHC 1530 (Comm) (03 July 2008)

General Trading Company (Holdings) Ltd v Richmond Corporation Ltd [2008] EWHC 1479 (Comm) (03 July 2008)

Colliers International Property Consultants (“Cipc”) & Anor v Colliers Jordan Lee Jafaar Sdn Bhd [2008] EWHC 1524 (Comm) (03 July 2008)

High Court (Technology and Construction Court)

Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd & Anor [2008] EWHC 1508 (TCC) (16 June 2008)

Source: www.bailii.org

Thorner v Major and others – WLR Daily

Posted July 4th, 2008 in estoppel, law reports, wills by sally

Thorner v Major and others [2008] EWCA Civ 232; [2008] WLR (D) 222

“A dedicated help and service in reliance upon a statement did not bind his estate by conscience to create a proprietary estoppel to confer the farm to the claimant even if the deceased had given the farm to the claimant by a will which he subsequently revoked to deny an interest to a third person.”

WLR Daily, 3rd 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 (Compton) v Wiltshire Primary Care Trust – WLR Daily

Posted July 4th, 2008 in judicial review, law reports, protective costs orders by sally

R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221

“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”

WLR Daily, 3rd 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.

Franbar Holdings Ltd v Patel and others – WLR Daily

Posted July 4th, 2008 in company directors, derivative claims, law reports, shareholders by sally

Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220

Where the question of ratification arose in the context of an application to continue a derivative claim, under s 261 of the Companies Act 2006, the court should ask itself whether the ratification had the effect that the claimant was being improperly prevented from bringing the claim on behalf of the company. That also applied where the connected person provisions in s 239 were not satisfied but there was still actual wrongdoer control by which there had been a diversion of assets to persons associated with the wrongdoer, albeit not connected in the sense provided by s 239(4).”

WLR Daily, 3rd 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.

Environment Agency v Thorn International UK Ltd – WLR Daily

Posted July 4th, 2008 in EC law, law reports, waste by sally

Environment Agency v Thorn International UK Ltd; [2008] WLR (D) 219

“A used electrical product, such as a refrigerator or a computer monitor, which had been taken back from its original owner on purchase of a replacement model, and then bought by a company for repair or refurbishment prior to re-sale, was not, while awaiting such repairs, ‘waste’ within the meaning of the Environmental Protection Act 1990 and Council Directive 75/442/EEC.”

WLR Daily, 3rd 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.

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom) – Times Law Reports

Posted July 4th, 2008 in disclosure, EC law, law reports, opinions by sally

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom)

Court of Justice of the European Communities

“There was no principle that the Council of the European Union was entitled automatically to refuse access to opinions of its legal service relating to a legislative process.”

The Times, 4th 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 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

R U (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 753 (02 July 2008)

Federation of Tour Operators & Ors, R (on the application of) v HM Treasury [2008] EWCA Civ 752 (02 July 2008)

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 (02 July 2008)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (01 July 2008)

Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)

Spencer v Secretary of State for Work & Pensions Moore & Ors [2008] EWCA Civ 750 (01 July 2008)

GO & Ors v Secretary of State for the Home Department [2008] EWCA Civ 747 (01 July 2008)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2008] EWCA Civ 640 (01 July 2008)

HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWCA Civ 715 (25 June 2008)

High Court (Administrative Court)

Gurung & Ors, R (on the application of) v Secretary of State for Defence [2008] EWHC 1496 (Admin) (02 July 2008)

Queen Mary University of London v Higher Education Funding Council for England [2008] EWHC 1472 (Admin) (26 June 2008)

Crown Prosecution Service v Gloucester Justices & Anor [2008] EWHC 1488 (Admin) (17 June 2008)

Krompalcas v Prosecutor General’s Office, Lithuania [2008] EWHC 1486 (Admin) (17 June 2008)

Cathco Property Holdings Ltd, R (on the application of) v Cygnor Gwynedd Council & Anor [2008] EWHC 1462 (Admin) (06 June 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1495 (QB) (30 June 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted July 3rd, 2008 in law reports by sally

R v Rahman and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 45 (2 July 2008)

Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland) [2008] UKHL 46 (2 July 2008)

Source: www.parliament.uk