law reports – Page 320 – Current Awareness

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th 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.

BAILII: Recent Decisions

Posted June 11th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Heather Moor & Edgecomb Ltd, R (on the application of) v Financial Ombudsman Service & Anor [2008] EWCA Civ 642 (11 June 2008)

Financial Ombudsman Service v Heather Moor & Edgecomb Ltd [2008] EWCA Civ 643 (11 June 2008)

Haine v Secretary of State for Business Enterprise & Regulatory Reform & Anor [2008] EWCA Civ 626 (11 June 2008)

McCarthy v Secretary of State for the Home Department [2008] EWCA Civ 641 (11 June 2008)

High Court (Patents Court)

Novartis AG v Dexcel-Pharma Ltd [2008] EWHC 1266 (Pat) (10 June 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted June 11th, 2008 in law reports by sally

In re CD (Original Respondent and Cross-appellant) (Northern Ireland) [2008] UKHL 33 (11 June 2008)

OB (by his mother and litigation friend) (FC) (Respondent) v Aventis Pasteur SA (Appellants) [2008] UKHL 34 (11 June 2008)

In re B (Children) (FC) [2008] UKHL 35 (11 June 2008)

Source: www.parliament.uk

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th 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 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Stringer, R v [2008] EWCA Crim 1222 (10 June 2008)

High Court (Queen’s Bench Division)

Commonwealth of Australia v Peacekeeper International FZC UAE & Anor [2008] EWHC 1220 (QB) (04 June 2008)

High Court (Administrative Court)

Persimmon Homes (North East) Ltd & Ors v Blyth Valley Borough Council [2008] EWHC 1258 (Admin) (20 May 2008)

Reynolds, R (on the application of) v Sussex Police & Anor [2008] EWHC 1240 (Admin) (16 May 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 10th, 2008 in law reports by sally

High Court (Administrative Court)

The Staff Side of the Police Negotiating Board & Anor v Secretary of State for the Home Department [2008] EWHC 1173 (Admin) (10 June 2008)

High Court (Commercial Court)

West London Pipeline and Storage Ltd & Anor v Total UK Ltd & Ors [2008] EWHC 1296 (Comm) (09 June 2008)

Source: www.bailii.org

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc – Times Law Reports

Posted June 10th, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc

Court of Appeal

“Owners of vessels which failed to comply with the Marine Pollution Convention, as warranted in the charterparty and were unable to carry to all specified ports the full range of petroleum products set out therein, were in breach of time charters.”

The Times, 10th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only free on Times Online for 21 days from the date of publication.

RP v Nottingham City Council – Times Law Reports

Posted June 10th, 2008 in care orders, human rights, law reports, official solicitor, parental rights by sally

RP v Nottingham City Council

Court of Appeal

“There was no breach of a mother’s right to a fair hearing under article 6 of the European Convention on Human Rights when she was represented by the Official Solicitor who conceded that overwhelming evidence justified making a care order.”

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

High Court (Chancery Division)

McPhail & Anor v Bourne & Anor [2008] EWHC 1235 (Ch) (06 June 2008)

High Court (Commercial Court)

Mansel Oil Ltd & Anor v Troon Storage Tankers SA [2008] EWHC 1269 (Comm) (09 June 2008)

Source: www.bailii.org

Khan v Commissioner of Police of the Metropolis – WLR Daily

Posted June 9th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th 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.

Governors of the Peabody Trust v Reeve – Times Law Reports

Posted June 9th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

Governors of the Peabody Trust v Reeve

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th 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 C (Mental disorder: Sexual activity) – Times Law Reports

Posted June 9th, 2008 in law reports, mental health, sexual offences by sally

Regina v C (Mental disorder: Sexual activity)

Court of Appeal (Criminal Division)

“The effect of a mental disorder had to be severe before it would have the effect that a person was unable to choose whether to submit to sexual activity. If a complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity.”

The Times, 9th 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.

The Governors of the Peabody Trust v Reeve – WLR Daily

Posted June 6th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

The Governors of the Peabody Trust v Reeve; [2008] WLR (D) 181

“The procedure in s 103 of the Housing Act 1985 could not be used by a registered social landlord to vary the terms of a tenancy agreement unilaterally. Excluding changes in rent, any variation would need the agreement in writing of both parties.”

WLR Daily, 5th 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.

N v United Kingdom (Application No 26565/05) – Times Law Reports

Posted June 6th, 2008 in asylum, human rights, law reports, medical treatment by sally

N v United Kingdom (Application No 26565/05)

European Court of Human Rights

“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”

The Times, 6th 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.

X and another v Hounslow London Borough Council – WLR Daily

Posted June 5th, 2008 in duty of care, law reports, negligence by sally

X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB); [2008] WLR (D) 180

“A local authority could be held to be under a duty of care to protect vulnerable adults from abuse by third parties.”

WLR Daily, 4th 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.

Redknapp v Commissioner of the City of London Police and another – WLR Daily

Posted June 5th, 2008 in law reports, search & seizure, warrants by sally

Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin); [2008] WLR (D) 179

“A warrant authorising the entry and search of premises issued under s 8 of the Police and Criminal Evidence Act 1984 was unlawful if the application did not identify which of the four conditions specified in s 8(3) of the Act was being relied on. Further, the execution of such a warrant was invalidated by a failure to satisfy the requirements of s 16(5) of the Act, which provided that when premises were occupied, the officer executing the warrant must not only produce the warrant to the person in occupation, but also supply him or her with a copy of it.”

WLR Daily, 4th 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.

Practice Direction (Administrative Court: Uncontested Proceedings) – WLR Daily

Posted June 5th, 2008 in Administrative Court, law reports, practice directions by sally

Practice Direction (Administrative Court: Uncontested Proceedings); [2008] WLR(D) 178

“Guidance as to the procedure to be followed where proceedings in the Administrative Court were uncontested.”

WLR Daily, 4th 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.

BRB (Residuary) Ltd v Connex South Eastern Ltd – WLR Daily

Posted June 5th, 2008 in contribution, damages, law reports, transfer of undertakings by sally

BRB (Residuary) Ltd v Connex South Eastern Ltd [2008] EWHC 1172 (QB); [2008] WLR (D) 177

“Where proceedings had been taken to the point of judgment against a person who had not been the correct defendant, that person might recover under the Civil Liability (Contribution) Act 1978 against the person who should have been the defendant.”

WLR Daily, 4th 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.

Actavis UK Ltd v Merck and Co Inc – Times Law Reports

Posted June 5th, 2008 in appeals, law reports, patents by sally

Actavis UK Ltd v Merck and Co Inc

Court of Appeal

“Unlike human rights law, where the Court of Appeal had to refer to the House of Lords a case involving a decision of the European Court of Human Rights which conflicted with an earlier Court of Appeal decision, since patent law was much more specialist than human rights law, the Court of Appeal was free to depart from its own previous decision where it was satisfied that the European Patent Office Boards of Appeal had formed a settled view of European patent law which was inconsistent with that earlier decision.”

The Times, 5th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only free on Times Online for 21 days from the date of publication.