BAILII: Recent Decisions

Posted July 1st, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Angel Airlines v Dean and Dean [2008] EWHC 1513 (QB) (30 June 2008)

High Court (Commercial Court)

P v A & Anor [2008] EWHC 1361 (Comm) (20 June 2008)

High Court (Patents Court)

Actavis UK Ltd v Janssen Pharmaceutica NV [2008] EWHC 1422 (Pat) (30 June 2008)

Source: www.bailii.org

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same – WLR Daily

Posted July 1st, 2008 in asylum, immigration, law reports by sally

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same [2008] UKHL 42; [2008] WLR (D) 213

“A policy, whereby indefinite leave to remain would be granted to certain families living as a unit with children and young adults, was a proportionate response to particular administrative and financial problems represented by that group; and accordingly the different treatment of single young adults, who were excluded from the policy because they were parentless, was justified.”

WLR Daily, 30th June 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 (Wychavon District Council) v Secretary of State for Communities and Local Government and Others – Times Law Reports

Posted July 1st, 2008 in law reports, planning, travellers by sally

Regina (Wychavon District Council) v Secretary of State for Communities and Local Government and Others

Court of Appeal

“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”

The Times, 1st 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.

EB (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted June 30th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department

House of Lords

“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”

The Times, 30th June 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

Johnston v Lambeth London Borough Council – Times Law Reports

Posted June 30th, 2008 in homelessness, law reports by sally

Johnston v Lambeth London Borough Council

Court of Appeal

“A local government officer reviewing a decision that an applicant did not have priority need as a homeless person could neither dispense with the statutory duty to consider the earlier decision nor, if mindful to find against the applicant, to give notice to allow the applicant to make written or oral representations.”

The Times, 30th June 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 June 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Anwoir & Ors, R. v [2008] EWCA Crim 1354 (27 June 2008)

High Court (Chancey Division)

Football Association Premier League Ltd & Ors v QC Leisure & Ors [2008] EWHC 1411 (Ch) (24 June 2008)

Astall & Anor v Revenue & Customs [2008] EWHC 1471 (Ch) (27 June 2008)

High Court (Queen’s Bench Division)

Buckley & Ors v Yates Wine Lodges Ltd & Anor [2008] EWHC 1408 (QB) (27 June 2008)

Green v Westleigh Properties Limits [2008] EWHC 1474 (QB) (27 June 2008)

High Court (Commercial Court)

Kamidian v Holt (On Behalf of Certain Underwriters At Lloyd’s) & Ors [2008] EWHC 1483 (Comm) (27 June 2008)

High Court (Technology and Construction Court)

TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC) (13 June 2008)

Source: www.bailii.org

R v Kenning; R v Blackshaw; R v Fenwick – WLR Daily

Posted June 27th, 2008 in aiding and abetting, conspiracy, law reports by sally

R v Kenning; R v Blackshaw; R v Fenwick; [2008] WLR (D) 212

“An agreement to aid and abet an offence was not capable of constituting a criminal conspiracy.”

WLR Daily, 26th June 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 Higgs – WLR Daily

Posted June 27th, 2008 in copyright, law reports, video games by sally

R v Higgs [2008] EWCA Crim 1324; [2008] WLR (D) 211

“To establish the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be shown that the technological measure concerned physically prevents infringement of copyright, and is not merely a discouragement or commercial hindrance to copyright infringement.The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Neil Stanley Higgs, against his conviction on 19 October 2007 in the Crown Court at Bristol before Her Honour Judge Hagen of 26 offences contrary to s 296ZB of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 26th June 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.

Gray v Thames Trains Ltd and another – WLR Daily

Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210

“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”

WLR Daily, 26th June 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.

Beoku-Betts v Secretary of State for the Home Department – WLR Daily

Posted June 27th, 2008 in human rights, immigration, law reports by sally

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209

“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”

WLR Daily, 26th June 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.

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd – WLR Daily

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd [2008] UKHL 44; [2008] WLR (D); [2008] WLR (D) 208

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under s 39 of the Leasehold Reform, Housing and Urban Development Act 1993.”

WLR Daily, 26th June 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.

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd Before Lord – Times Law Reports

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd

House of Lords

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under the Leasehold Reform, Housing and Urban Development Act 1993.”

The Times, 27th June 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.

Johns v Solent SD Ltd – Times Law Reports

Posted June 27th, 2008 in age discrimination, EC law, law reports, stay of proceedings by sally

Johns v Solent SD Ltd

Court of Appeal

“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”

The Times, 27th June 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 June 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Colliard, R. v [2008] EWCA Crim 1175 (13 May 2008)

Bassett, R. v [2008] EWCA Crim 1174 (14 May 2008)

N Ltd & Anor, R. v [2008] EWCA Crim 1223 (10 June 2008)

Court of Appeal (Civil Division)

Abu Dhabi Investment Company & Ors v H Clarkson & Company & Ors [2008] EWCA Civ 699 (26 June 2008)

High Court (Queen’s Bench Division)

Cenet (nee McGlennon) v Wirral Metropolitan Borough Council [2008] EWHC 1407 (QB) (26 June 2008)

High Court (Family Division)

Salford City Council v GJ & Ors [2008] EWHC 1097 (Fam) (16 May 2008)

Munro v Munro [2007] EWHC 3315 (Fam) (19 December 2007)

I v I [2008] EWHC 1167 (Fam) (23 June 2008)

High Court (Patents Court)

WL Gore & Associates Ltd v Geox Spa [2008] EWHC 1385 (Pat) (11 June 2008)

Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 1379 (Pat) (25 June 2008)

Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2008] EWHC 1180 (Pat) (14 May 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted June 26th, 2008 in law reports by sally

Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 39 (25 June 2008)

Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 40 (25 June 2008)

EB Kosovo (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 41 (25 June 2008)

AL Serbia (FC) (Appellant) v Secretary of State for the Home Department (Respondent) R (On the application of Rudi) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 42 (25 June 2008)

Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm (Respondent) [2008] UKHL 43 (25 June 2008)

Earl Cadogan and others (Respondents) v 26 Cadogan Square Limited (Appellants), Howard de Walden Estates Limited (Respondents) v Aggio and others (Appellants) [2008] UKHL 44 (25 June 2008)

Source: www.parliament.uk

Daily Telegraph Law Reports, 26th June 2008

Posted June 26th, 2008 in law reports by sally

Boustead (Murray) v. North West Strategic HA

Moore Stephens (A Firm) v. Stone & Rolls Ltd (In Liquidation)

G v. R & Anr

Barnett v. Secretary of State for Communities and Local Government

Refson v. Revenue & Customs Commissioners

R (Hill) v. Bedfordshire CC

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Higgs v R [2008] EWCA Crim 1324 (24 June 2008)

M & Anor, R. v [2008] EWCA Crim 1249 (23 May 2008)

Coupe, R. v [2008] EWCA Crim 1210 (23 May 2008)

Morgan v R. [2008] EWCA Crim 1323 (20 June 2008)

Smith & Ors v R [2008] EWCA Crim 1342 (25 June 2008)

Ilyas v Aylesbury Vale District Council [2008] EWCA Crim 1303 (19 June 2008)

High Court (Chancery Division)

Ardentia Ltd. v British Telecommunications Plc [2008] EWHC B12 (Ch) (19 June 2008)

Lancore Services Ltd v Barclays Bank Plc [2008] EWHC 1264 (Ch) (25 June 2008)

Cerascope Ltd & Anor v [2008] EWHC B9 (Ch) (25 June 2008)

Barron v Woodhead & Anor [2008] EWHC B10 (Ch) (25 June 2008)

High Court (Queen’s Bench Division)

Boustead v North West Strategic Health Authority [2008] EWHC B11 (QB) (16 June 2008)

Chilli Developments Ltd v The Commission for the New Towns (Known as English Partnerships) & Anor [2008] EWHC 1310 (QB) (18 June 2008)

Photolibrary Group Ltd (t/a Garden Picture Library) & Ors v Burda Senator Verlag GmbH & Ors [2008] EWHC 1343 (QB) (18 June 2008)

Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

Roudham and Larling Parish Council, R (on the application of) v Breckland Council [2008] EWCA Civ 714 (25 June 2008)

Gray v Thames Trains Ltd & Anor (Rev 1) [2008] EWCA Civ 713 (25 June 2008)

High Court (Administrative Court)

Weaver, R (on the application of) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)

O’Neil, R (on the application of) v Independent Adjudicator & Anor [2008] EWHC 1371 (Admin) (03 June 2008)

Mitchell, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1370 (Admin) (03 June 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1367 (Admin) (04 June 2008)

General Medical Council, R (on the application of) v George [2008] EWHC 1337 (Admin) (06 June 2008)

Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) (25 June 2008)

M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) (20 June 2008)

A v Secretary of State for the Home Department [2008] EWHC 1382 (Admin) (23 June 2008)

High Court (Technology and Construction Court)

Owen Pell Ltd v Bindi (London) Ltd [2008] EWHC 1420 (TCC) (19 May 2008)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1391 (TCC) (13 June 2008)

Balcombe Group Plc v London Developement Agency [2008] EWHC 1392 (TCC) (24 June 2008)

Drummond v Pool Design Ltd [2008] EWHC 1438 (TCC) (13 June 2008)

Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) (25 June 2008)

Source: www.bailii.org

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 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.

Commune de Mesquer v Total France SA and another – WLR Daily

Posted June 26th, 2008 in EC law, law reports, waste by sally

Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206

“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”

WLR Daily, 25th June 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.