law reports – Page 318 – Current Awareness

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 24th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

Court of Appeal

“Once a council tenant had served upon a council an operative notice of delay under the statutory right-to-buy scheme, rent paid by way of housing benefit counted towards the purchase price payable by the tenant for the council property.”

The Times, 24th 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 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Povey & Ors, R v [2008] EWCA Crim 1261 (21 May 2008)

Court of Appeal (Civil Division)

London Borough of Lambeth v Johnston [2008] EWCA Civ 690 (19 June 2008)

Hicklane Properties Ltd v Bradbury Investments Ltd [2008] EWCA Civ 691 (19 June 2008)

High Court (Chancery Division)

Europcar UK Ltd & Ors v HM Revenue & Customs [2008] EWHC 1363 (Ch) (19 June 2008)

High Court (Administrative Court)

Malik v Manchester Crown Court & Ors [2008] EWHC 1362 (Admin) (19 June 2008)

Source: www.bailii.org

Johnston v London Borough of Lambeth – WLR Daily

Posted June 23rd, 2008 in homelessness, law reports by sally

Johnston v London Borough of Lambeth [2008] EWCA Civ 690; [2008] WLR (D) 200

“A council officer reviewing a decision that an applicant did not have priority need as a homeless person could not dispense with the statutory obligation to consider the earlier decision and, if mindful to find against the applicant, to give notice of his grounds in order for the applicant to make written or oral representations.”

WLR Daily, 19th 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.

4Eng Ltd v Harper and Another – Times Law Reports

Posted June 23rd, 2008 in damages, deceit, law reports by sally

4Eng Ltd v Harper and Another

Chancery Division

“Damages for loss of a chance were recoverable in an action for deceit.”

The Times, 23rd 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.

In re P (Adoption: Unmarried couple) – Times Law Reports

Posted June 23rd, 2008 in adoption, human rights, law reports, parental rights by sally

In re P (Adoption: Unmarried couple)

House of Lords

“Regulations governing the adoption of children in Northern Ireland which prevented the consideration of an unmarried couple as potential adoptive parents were in breach of the couple’s rights to a family life, under article 8 of the European Convention on Human Rights and article 14, prohibiting discrimination.”

The Times, 23rd 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.

Regina v G (Secretary of State for the Home Department intervening) – WLR Daily

Posted June 20th, 2008 in human rights, law reports, rape, young offenders by sally

Regina v G (Secretary of State for the Home Department intervening) [2008] UKHL 37; [2008] WLR (D) 199

“It was not incompatible with a child’s rights under arts 6 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms to convict him of the offence of ‘rape of a child under 13’, pursuant to s 5 of the Sexual Offences Act 2003, in circumstances where the agreed basis of his plea of guilty established that his offence could fall within the ambit of s 13, covering child sex offences committed by a person under 18.”

WLR Daily, 19th 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.

In re P (Adoption: Unmarried couple) – WLR Daily

Posted June 20th, 2008 in adoption, human rights, law reports, parental rights by sally

In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198

“Arts 14 and 15 of the Adoption (Northern Ireland) Order 1987, which prevented an unmarried couple from being considered as potential adoptive parents, were incompatible with the couple’s rights under articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 19th 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.

Gravil v Carroll and another – WLR Daily

Posted June 20th, 2008 in assault, law reports, personal injuries, sport by sally

Gravil v Carroll and another [2008] EWCA Civ 689; [2008] WLR (D) 197

“A tortious assault by one rugby player on a member of the opposing team during a match was so closely connected with his employment by the rugby club that it was fair and just to hold the club vicariously liable for injury to the opponent.”

WLR Daily, 19th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponidng WLR Daily summary is removed.

R v Davis – WLR Daily

Posted June 20th, 2008 in anonymity, evidence, law reports, witnesses by sally

R v Davis [2008] UKHL 36; [2008] WLR (D) 196

“Protective measures, ensuring the anonymity of witnesses without whose evidence the defendant could not have been convicted of murder, denied him the opportunity properly to advance his defence and accordingly rendered his trial unfair.”

WLR Daily, 19th 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 (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others – WLR Daily

Posted June 20th, 2008 in human rights, judiciary, law reports, Sark by sally

R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2008] EWHC 1354 (Admin); [2008] WLR (D) 195

“The provisions in the Reform (Sark) Law, 2008 for the retention of the Seigneur and Seneschal as unelected members of Chief Pleas did not breach art 3 of the First Protocol to the European Convention on Human Rights; the prohibition on aliens standing for election to Chief Pleas did not infringe art 3 of the First Protocol, or art 14 of the Convention, or art 19(1) of the EC Treaty; and the Seneschal’s dual role as Senior Judge in Sark and a member of Chief Pleas was not inconsistent with art 6 of the Convention.”

WLR Daily, 19th 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 v G – Times Law Reports

Posted June 20th, 2008 in human rights, law reports, privacy, rape, young offenders by sally

Regina v G

House of Lords

“There was no breach of the rights of a boy aged 15 to a fair trial or respect for privacy, guaranteed by articles 6 and 8 of the European Convention on Human Rights, to convict him of rape of a child under 13 where, on the basis on which his guilty plea had been accepted, he could have been charged with a less serious offence.”

The Times, 20th 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.

Regina v Davis (Iain) – Times Law Reports

Posted June 19th, 2008 in anonymity, law reports, witnesses by sally

Regina v Davis (Iain)

House of Lords

“Protective measures, which ensured the anonymity of three witnesses without whose evidence the defendant could not have been convicted of murder, rendered the trial unfair and were, accordingly, unlawful.”

The Times, 19th 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 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Roberts, R v [2008] EWCA Crim 1304 (18 June 2008)

Court of Appeal (Civil Division)

Moore Stephens (a firm) v Stone & Rolls Ltd [2008] EWCA Civ 644 (18 June 2008)

Gravil v Carroll & Anor [2008] EWCA Civ 689 (18 June 2008)

AS (Somalia) v Secretary of State for the Home Department [2008] EWCA Civ 681 (04 June 2008)

YS (Egypt) v Secretary of State for the Home Department [2008] EWCA Civ 674 (04 June 2008)

Johnson v Sinclair [2008] EWCA Civ 667 (23 May 2008)

FJ (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 685 (23 May 2008)

SJ (Iran) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 675 (04 June 2008)

High Court (Queen’s Bench)

Birmingham City Council v B & Ors [2008] EWHC 1224 (QB) (22 May 2008)

SG & R Valuation Service Co v Boudrais & Ors [2008] EWHC 1340 (QB) (12 May 2008)

High Court (Chancery Division)

State of Brunei & Ors v HRH Prince Jefri & Ors [2008] EWHC 1247 (Ch) (22 May 2008)

High Court (Technology and Construction Court)

Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2008] EWHC 1301 (TCC) (13 June 2008)

Crest Nicholson (Eastern) Ltd v Western & Anor [2008] EWHC 1325 (TCC) (16 June 2008)

Source: www.bailii.org

The cases that changed Britain: 1785-1869 – Times Online

Posted June 19th, 2008 in law reports, news, trials by sally

“It is a question to excite the repressed student in every lawyer: which cases have most shaped British law over the past 200 years?”

Full story

The Times, 19th June 2008

Source: www.timesonline.co.uk

House of Lords Judgments: What’s New?

Posted June 18th, 2008 in law reports by sally

R v Davis (Appellant) (On appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 36 (18 June 2008)

R v G (Appellant) (On appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 37 (18 June 2008)

In re P and others (AP) (Appellants) (Northern Ireland) [2008] UKHL 38 (18 June 2008)

Source: www.parliament.uk

Merton London Borough Council v Jones – WLR Daily

Posted June 18th, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones; [2008] WLR (D) 194

“The liability of a tolerated trespasser to pay mesne profits to a former public landlord terminated when the tolerated trespasser had decided to give up possession and had removed his belongings from his dwelling house, and not at the time when the former landlords were formally notified that he was no longer in possession of the dwelling, even though the tolerated trespasser continued to retain the keys to the dwelling.”

WLR Daily, 17th 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.

BE (Iran) v Secretary of State for the Home Department – Times Law Report

Posted June 18th, 2008 in armed forces, asylum, Iran, law reports by sally

BE (Iran) v Secretary of State for the Home Department

Court of Appeal

“An Iranian soldier who deserted to avoid carrying out an order to plant land mines in peacetime which were liable to kill or maim civilians was entitled to protection as a refugee.”

The Times, 18th 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.

Barlow Clowes International Ltd (in Liquidation) and Others v Henwood – Times Law Reports

Posted June 18th, 2008 in bankruptcy, domicile, law reports by sally

Barlow Clowes International Ltd (in Liquidation) and Others v Henwood

Court of Appeal

“Where a person abandoned his domicile of choice by ceasing to reside in the relevant country and giving up his intention permanently to reside there, his domicile of origin revived as a matter of law and persisted until he acquired a domicile of choice elsewhere. The weight of evidence required to prove that he had acquired another domicile of choice was no greater than that which was required to show that one domicile of choice had superseded another. Where a person maintained homes in more than one country, however, the question had to be decided by reference to the quality of residence in each of those countries to ascertain in which country he had an intention permanently to reside.”

The Times, 18th 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.