law reports – Page 323 – Current Awareness

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.

Regina v Bassett – Times Law Reports

Posted June 18th, 2008 in law reports, voyeurism by sally

Regina v Bassett

Court of Appeal (Criminal Division)

“The reference to ‘breasts’ in section 68(1)(a) of the Sexual Offences Act 2003, defining voyeurism, did not include male breasts.”

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.

BAILII: Recent Decisons

Posted June 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Porter, R. v [2008] EWCA Crim 1271 (19 May 2008)

Reid, R. v [2008] EWCA Crim 1257 (16 May 2008)

High Court (Chancery Division)

Spreadex Ltd v Sekhon [2008] EWHC 1136 (Ch) (23 May 2008)

High Court (Technology and Construction Court)

T & T Fabrications Ltd & Anor v Hubbard Architectural Metal Work Ltd [2008] EWHC B7 (TCC) (21 April 2008)

Source: www.bailii.org

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193

“A registered trade mark proprietor (“proprietor”) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out in Council Directive 84/450/EEC on comparative advertising, as amended, were satisfied, and, in particular, the use was not likely to give rise to confusion on the part of the public.”

WLR Daily, 16th 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.

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd – Times Law Reports

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd

Court of Justice of the European Communities

“The proprietor of a trademark was not entitled to prevent the use by a competitor of a sign identical or similar to his mark in a comparative advertisement, provided, inter alia, that there was no risk of confusion on the part of the public between the proprietor and the competitor or between their respective goods or services.”

The Times, 17th 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 17th, 2008 in law reports by sally

High Court (Criminal Division)

Odam, R. v [2008] EWCA Crim 1087 (29 April 2008)

Court of Appeal (Civil Division)

Hill, R (on the application of) v Bedfordshire County Council [2008] EWCA Civ 661 (16 June 2008)

Jones v London Borough of Merton [2008] EWCA Civ 660 (16 June 2008)

High Court (Chancery Division)

Sutcliffe v Lloyd & Anor [2008] EWHC 1329 (Ch) (09 June 2008)

Bell v Long & Ors [2008] EWHC 1273 (Ch) (16 June 2008)

High Court (Family Division)

C P R-H v A M R-H [2008] EWHC 347 (Fam) (27 February 2008)

Birmingham City Council v M (A Child Acting By Her Guardian) [2008] EWHC 1085 (Fam) (03 June 2008)

High Court (Administrative Court)

C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) (19 May 2008)

Butt, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1256 (Admin) (23 May 2008)

Gee, R (on the application of) v London Borough of Lewisham [2008] EWHC 1286 (Admin) (22 May 2008)

London Borough of Wandsworth, R (on the application of) v Secretary of State for Transport [2008] EWHC 1292 (Admin) (23 May 2008)

H, R (on the application of) v London Borough of Barnet [2008] EWHC 1294 (Admin) (23 May 2008)

Bailey & Ors, R (on the application of) v Secretary of State for Business, Enterprise & Regulatory Reform & Ors [2008] EWHC 1257 (Admin) (23 May 2008)

Elphinstone, R (on the application of) v Westminster City Council & Ors [2008] EWHC 1287 (Admin) (28 May 2008)

High Court (Commercial Court)

Mopani Copper Mines Plc v Millennium Underwriting Ltd [2008] EWHC 1331 (Comm) (16 June 2008)

Gulf Agri Trade Fzco v Aston Agro Industrial AG [2008] EWHC 1252 (Comm) (06 June 2008)

PT Berlian Laju Tanker TBK & Anor v Nuse Shipping Ltd [2008] EWHC 1330 (Comm) (16 June 2008)

Cavell USA Inc & Anor v Seaton Insurance Company & Anor [2008] EWHC 876 (Comm) (11 April 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 16th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kiernan & Ors, R v [2008] EWCA Crim 972 (08 May 2008)

High Court (Chancery Division)

Crown Estate Commissioners v Roberts & Anor [2008] EWHC 1302 (Ch) (13 June 2008)

High Court (Queen’s Bench Division)

Bray v Deutsche Bank AG [2008] EWHC 1263 (QB) (12 June 2008)

High Court (Administrative Court)

Mahamed, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1312 (Admin) (13 June 2008)

Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government & Ors [2008] EWHC 1313 (Admin) (13 June 2008)

High Court (Commercial Court)

Associated British Ports v Ferryways NV & Anor [2008] EWHC 1265 (Comm) (13 June 2008)

Source: www.bailii.org

Redknapp and Another v Commissioner of the City of London Police and Another – Times Law Reports

Posted June 16th, 2008 in law reports, search & seizure, warrants by sally

Redknapp and Another v Commissioner of the City of London Police and Another

Queen’s Bench Divisional Court

“Reasons for seeking the issue of an search warrant had to be set out to make it valid. For its execution to be lawful, the occupier of the premises had to be shown and given a copy of the warrant. ”

The Times, 16th 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.

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 16th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th 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.

Gibson v Revenue and Customs Prosecution Office – WLR Daily

Posted June 16th, 2008 in confiscation, drug trafficking, law reports, married persons by sally

Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645; [2008] WLR (D) 189

“The wife of a convicted drug dealer was entitled to keep her interest in the matrimonial home despite a finding in confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The Drug Trafficking Act 1994 did not give the court power to bring her share of the equity in the matrimonial home within the confiscation order, since the assets were hers without any court order in her favour.”

WLR Daily, 12th 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.