BAILII: Recent Decisions
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
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.
Court of Appeal (Criminal Division)
K, R. v [2008] EWCA Crim 1900 (14 August 2008)
Court of Appeal (Civil Division)
Secretary of State for the Home Department v TB (Jamaica) [2008] EWCA Civ 977 (14 August 2008)
High Court (Administrative Court)
Rideh v Secretary of State for the Home Department [2008] EWHC 2019 (Admin) (15 August 2008)
Beckett v Secretary of State for the Home Department [2008] EWHC 2002 (Admin) (15 August 2008)
High Court (Technology and Construction Court)
CJP Builders Ltd v William Verry Ltd [2008] EWHC 2025 (TCC) (15 August 2008)
Source: www.bailii.org
Court of Appeal (Criminal Division)
El Hudarey, R. v [2008] EWCA Crim 1761 (11 July 2008)
High Court (Administrative Court)
Secretary of State for the Home Department v AP [2008] EWHC 2001 (Admin) (12 August 2008)
High Court (Technology and Construction Court)
Adams & Anor v Scottish and Southern Energy Plc & Anor [2008] EWHC 1926 (TCC) (22 July 2008)
Source: www.bailii.org
Doherty v Birmingham City Council
House of Lords
“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.
High Court (Commercial Court)
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 [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.
“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
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.
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)
High Court (Administrative Court)
Secretary of State for the Home Department v Rideh [2008] EWHC 1993 (Admin) (08 August 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)
Source: www.bailii.org