Category: law reports

Gibson v Revenue and Customs Prosecution Office – Times Law Reports

Posted July 14th, 2008 in confiscation, drug trafficking, law reports, married persons, profits a prendre by sally

Gibson v Revenue and Customs Prosecution Office

Court of Appeal

“When a confiscation order was made against a convicted drug dealer, his wife was entitled to keep her 50 per cent interest in the matrimonial home, despite a finding in the confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The court had no power to supplement the provisions of the Drug Trafficking Act 1994 so as to bring her share of the equity in the matrimonial home within the order.”

The Times, 14th 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.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Posted July 14th, 2008 in data protection, freedom of information, law reports, Scotland by sally

Common Services Agency v Scottish Information Commissioner

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th 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.

Transfield Shipping Inc v Mercator Shipping Inc – WLR Daily

Posted July 11th, 2008 in charterparties, damages, law reports by sally

Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48; [2008] WLR (D) 232

“Charterers were not liable in damages for a shipowner’s loss of profits on a subsequent fixture resulting from the late redelivery of the vessel.”

WLR Daily, 10th 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.


Common Services Agency v Scottish Information Commissioner – WLR Daily

Posted July 11th, 2008 in data protection, freedom of information, law reports, Scotland by sally

Common Services Agency v Scottish Information Commissioner [2008] UKHL 47; [2008] WLR (D) 231

“Information which in its basic form would constitute ‘personal data’ for the purposes of s 1(1) of the Data Protection Act 1998 could be released under the Freedom of Information (Scotland) Act 2002 provided it had been modified in such a way that it was rendered anonymous, so that no individual from whom it was derived was identifiable, as it would then no longer be ‘personal data’ within the meaning of s 1(1).”

WLR Daily, 10th 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.


Liberty and Others v United Kingdom – Times Law Reports

Posted July 11th, 2008 in human rights, interception, law reports by sally

Liberty and Others v United Kingdom

European Court of Human Rights

“Complaints by civil liberty organisations about secret interception by the Ministry of Defence of their external communications were not dealt with adequately under the Interception of Communications Act 1985 which had not been formulated with sufficient clarity to give individuals protection.”

The Times, 11th 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.

House of Lords Judgments: What’s New?

Posted July 10th, 2008 in law reports by sally

Common Services Agency (Appellants) v Scottish Information Commissioner (Respondent) (Scotland) [2008] UKHL 47 (9 July 2008)

Transfield Shipping Inc V Mercator Shipping Inc Appellate Committee [2008] UKHL 48 (9 July 2008)

Conor Medsystems Incorporated V Angiotech Pharmaceuticals Incorporated and Others Appellants [2008] UKHL 49 (9 July 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted July 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ali & Anor v Revenue & Customs Prosecutions Office [2008] EWCA Crim 146 (09 July 2008)

Court of Appeal (Civil Division)

Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 754 (09 July 2008)

Bhatt Murphy (a firm), R (on the application of) v The Independent Assessor [2008] EWCA Civ 755 (09 July 2008)

ING Lease (UK) Ltd v Harwood [2008] EWCA Civ 786 (09 July 2008)

High Court (Chancery Division)

Landlord Protect Ltd. v St Anselm Development Company Ltd. [2008] EWHC 1582 (Ch) (08 July 2008)

Professional Computer Group Ltd, Re [2008] EWHC 1541 (Ch) (04 July 2008)

Expro International Group Plc, Re Companies Act 1985 & 2006 [2008] EWHC 1543 (Ch) (26 June 2008)

High Court (Commercial Court)

R v V [2008] EWHC 1531 (Comm) (03 July 2008)

Source: www.bailii.org

A v Hoare (No 2) – WLR Daily

Posted July 10th, 2008 in law reports, limitations, personal injuries, sexual offences by sally

A v Hoare (No 2) [2008] EWHC 1573 (QB); [2008] WLR (D) 230

“In considering the factors relevant to the exercise of the court’s discretion under s 33 of the Limitation Act 1980 to extend the limitation period beyond that specified in s 11 of the Act, the reasons for the delay in issuing proceedings, and its potentially prejudicial effect, mattered more than the length of the delay, and it was reasonable to delay on account of the defendant’s impecuniosity.”

WLR Daily, 9th 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 Kenning Regina v Blackshaw Regina v Fenwick – Times Law Reports

Posted July 10th, 2008 in aiding and abetting, conspiracy, law reports by sally

Regina v Kenning Regina v Blackshaw Regina v Fenwick

Court of Appeal (Criminal Division)

“An agreement to aid and abet an offence did not constitute a criminal conspiracy.”

The Times, 10th 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.

Transfield Shipping Inc v Mercator Shipping Inc – Times Law Reports

Posted July 10th, 2008 in charterparties, damages, law reports by sally

Transfield Shipping Inc v Mercator Shipping Inc

House of Lords

“Charterers were not liable for a shipowner’s loss of profits on a subsequent fixture resulting from the late redelivery of the vessel.”

The Times, 10th 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 9th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

A v Hoare [2008] EWHC 1573 (QB) (08 July 2008)

Khairule v North West Strategic Health Authority [2008] EWHC 1537 (QB) (04 July 2008)

High Court (Administrative Division)

Associated British Ports v Hampshire County Council & Ors [2008] EWHC 1540 (Admin) (04 July 2008)

Source: www.bailii.org

AC-Treuhand AG v Commission of the European Communities (Case T-99/04) – WLR Daily

Posted July 9th, 2008 in competition, EC law, law reports by sally

AC-Treuhand AG v Commission of the European Communities (Case T-99/04); [2008] WLR (D) 229

“A consultancy firm which contributed actively and intentionally to a cartel between producers which were active on a market other than that on which the firm itself operated was liable for an infringement of article 81(1)EC, even though it was not a party to the agreement between the producers.”

WLR Daily, 8th 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.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Posted July 9th, 2008 in corporation tax, EC law, foreign companies, law reports, subsidiary companies by sally

Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228

“Legislation concerning controlled foreign companies (CFC), which relied on ss 747 and 748 of the Income and Corporation Taxes Act 1988 for its effectiveness, was not compliant with European Community law and must be disapplied so that, pending such amending legislation or executive action, no charge could be imposed on a taxpayer company under that legislation.”

WLR Daily, 8th 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 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

Posted July 9th, 2008 in accidents, damages, law reports, negligence, post-traumatic stress disorder, railways by sally

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.