law reports – Page 322 – Current Awareness

“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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

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.

R v Wood – WLR Daily

Posted June 26th, 2008 in alcoholism, criminal responsibility, law reports, murder by sally

R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204

“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”

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.

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

Posted June 26th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

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.

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th 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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th 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.

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others – WLR Daily

Posted June 25th, 2008 in environmental protection, law reports, planning, travellers by sally

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others [2008] EWCA Civ 692; [2008] WLR (D) 20

“The loss of a gipsy family’s home with no immediate prospect of replacement was capable in law of being regarded as a very special factor within para 3.2 of the Planning Policy Guidance Note 2 issued by the Secretary of State to local planning authorities. It was a factor to be weighed in the balance when considering the value society attached to the protection of gipsy homes against the public value of the protection of the Green Belt.”

WLR Daily, 24th 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.

Arnup v M. W. White Ltd – Times Law Reports

Posted June 25th, 2008 in accidents, damages, law reports by sally

Arnup v M. W. White Ltd

Court of Appeal

“Payments to a widow from a death in service benefit scheme and a trust fund established by an employer, were to be disregarded when assessing damages following an admission of liability.”

The Times, 25th 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.

IIG Capital llc v Van der Merwe – Times Law Reports

Posted June 25th, 2008 in company law, guarantees, law reports by sally

IIG Capital llc v Van der Merwe

Court of Appeal

“Where shareholders of a company over which they had complete control borrowed money for the business, the question whether they guaranteed to repay the loan as principal or as secondary obligors had to be assessed in that context.”

The Times, 25th 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.

Life Sentence Review Commissioners v D – Times Law Reports

Posted June 24th, 2008 in law reports, special report, standard of proof by sally

Life Sentence Review Commissioners v D

House of Lords

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served his tariff was no longer a risk to the public was the balance of probabilities.”

The Times, 24th June 2008

Source: www.times.online.co.uk

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

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.