Regina (A) v West Middlesex University Hospital NHS Trust – Times Law Reports

Posted May 13th, 2008 in asylum, law reports, medical treatment by sally

Regina (A) v West Middlesex University Hospital NHS Trust

Queen’s Bench Division

“A failed asylum seeker could become ordinarily resident in the United Kingdom so as to be eligible for free treatment by the National Health Service.”

The Times, 13th May 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.

Gregson v HAE Trustees Ltd and Others – WLR Daily

Posted May 13th, 2008 in law reports, trusts by sally

Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch); [2008] WLR (D) 146

“The duty in s 4(2) of the Trustee Act 2000 (‘the Act’) was a separate and independent duty, which was not restricted to exercises of the power of investment.”

WLR Daily, 12th May 2008

Source: www.lawreports.co.uk

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

King v Serious Fraud Office – WLR Daily

Posted May 13th, 2008 in jurisdiction, law reports, proceeds of crime by sally

King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147

“Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. There was no power to make a restraint order in respect of property outside the jurisdiction.”

WLR Daily 12th May 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.

Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Posted May 13th, 2008 in appeals, extradition, law reports, time limits by sally

Moulai v Deputy Public Prosecutor in Creteil, France [2008] EWHC 1024 (Admin); [2008] WLR (D) 148

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an order extraditing (or not extraditing) a person.”

WLR Daily 12th May 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.

Director of Public Prosecutions of the British Virgin Islands v Penn – WLR Daily

Posted May 13th, 2008 in criminal procedure, juries, law reports by sally

Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149

“Where a defendant had been convicted by a jury which had been empanelled from an array which did not meet the requirements laid down by statute his conviction should not be overturned and a retrial ordered unless the statutory language and intent so required or there was reason to think his trial had been unfair.”

WLR Daily 12th May 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 May 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWCA Civ 487 (09 May 2008)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWCA Civ 445 (09 May 2008)

Daniel Thwaites Plc v Wirral Borough Magistrates’ Court & Ors [2008] EWHC 838 (Admin) (06 May 2008)

Corby Group v Corby Borough Council [2008] EWCA Civ 463 (08 May 2008)

High Court (Chancery Division)

Gregson v HAE Trustees Ltd & Ors [2008] EWHC 1006 (Ch) (08 May 2008)

High Court (Administrative Court)

McCarthy & Ors v Basildon District Council [2008] EWHC 987 (Admin) (09 May 2008)

BMW AG & Ors, R (on the application of) v HM Revenue & Customs [2008] EWHC 712 (Admin) (09 May 2008)

Secretary of State for the Home Department v AH [2008] EWHC 1018 (Admin) (09 May 2008)

Pilgrim, R (on the application of) v Parole Board & Anor [2008] EWHC 1019 (Admin) (09 May 2008)

High Court (Technology and Construction Court)

Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] EWHC 1020 (TCC) (09 May 2008)

Source: www.bailii.org

Corby Group Litigation v Corby Borough Council – WLR Daily

Posted May 12th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council [2008] EWCA Civ 463; [2008] WLR (D) 144

“Damages for personal injury were recoverable in the tort of public nuisance.”

WLR Daily, 10th May 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.

London Borough of Haringey v Secretary of State for Communities and Local Government and another – WLR Daily

Posted May 12th, 2008 in enforcement notices, law reports, planning by sally

London Borough of Haringey v Secretary of State for Communities and Local Government and another [2008] EWHC (QB); [2008] WLR (D) 145

“In holding that there were material considerations that warranted a departure from the claimant’s statutory development plan under s 38 of the Planning and Compulsory Purchase Act 2004, the inspector appointed by the first defendant had made a material error of fact amounting to an error in law when he granted planning permission under s 174(2)(a) of the Town and Country Planning Act 1990 to the second defendant for the unauthorised use for education, training and worship of a unit in premises within an area designated by the claimant in its development plan as a ‘defined employment area industrial location’.”

WLR Daily, 10th May 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.

Murray v Express Newspapers plc and Another – Times Law Reports

Posted May 12th, 2008 in children, law reports, media, privacy by sally

Murray v Express Newspapers plc and Another

Court of Appeal

“It was arguable that a child had a reasonable expectation that he would not be targeted in order to obtain photographs in a public place for publication which the person taking or procuring the photographs knew would be objected to on the child’s behalf.”

The Times, 12th May 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.

Murray v Express Newspapers plc and another – WLR Daily

Posted May 9th, 2008 in children, law reports, media, privacy by sally

Murray v Express Newspapers plc and another [2008] EWCA Civ 446; [2008] WLR (D) 143

It was at least arguable that a child had a reasonable expectation that he would not be targeted in order to obtain photographs in a public place for publication which the person who took or procured the taking of the photographs knew would be objected to on behalf of the child.”

WLR Daily, 8th May 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 L – WLR Daily

Posted May 9th, 2008 in evidence, law reports, married persons, witnesses by sally

R v L [2008] EWCA Crim 973; [2008] WLR (D) 142

There was no requirement to tell a wife that she was not a compellable witness against her husband before interviewing her about a crime of which her husband was suspected.”

WLR Daily, 8th May 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.

Lord Alton of Liverpool and others v Secretary of State for the Home Department – WLR Daily

Posted May 9th, 2008 in law reports, proscribed organisations, terrorism by sally

Lord Alton of Liverpool and others v Secretary of State for the Home Department [2008] EWCA Civ 443; [2008] WLR (D) 141

An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be ‘concerned in terrorism’ simply because its leaders had the contingent intention to resort to terrorism in the future.”

WLR Daily, 8th May 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 (as administratrix and on her own behalf) v MW White Ltd – WLR Daily

Posted May 9th, 2008 in accidents, damages, law reports, widows by sally

Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140

Where, after the death in service of her husband, a woman had received payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fell within the disregard provision within s 4 of the Fatal Accidents Act 1976 when damages were to be assessed following an admission of liability.”

WLR Daily, 9th May 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.

C v East Sussex County Council (Adoption) – Times Law Reports

Posted May 9th, 2008 in adoption, law reports, social services by sally

C v East Sussex County Council (Adoption)

Court of Appeal

“While Parliament had given social workers wide powers, which they must not abuse, they had to remember that the court was the ultimate arbiter of what was in the best interests of a child.”

The Times, 9th May 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 (Warden and Fellows of Winchester College and Another) v Hampshire County Council – Times Law Reports

Posted May 8th, 2008 in law reports, rights of way by sally

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council

Court of Appeal

“Statutory requirements governing the making of an application to change the status of a right of way were to be adhered to strictly.”

The Times, 8th May 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 Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th May 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.

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Posted May 8th, 2008 in constitutional law, law reports, magistrates, Saint Lucia by sally

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th May 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 May 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kempster, R v [2008] EWCA Crim 975 (07 May 2008)

Court of Appeal (Civil Division)

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441 (07 May 2008)

Secretary of State for the Home Department v Lord Alton of Liverpool & Ors [2008] EWCA Civ 443 (07 May 2008)

Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446 (07 May 2008)

Arnup v MW White Ltd. [2008] EWCA Civ 447 (07 May 2008)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors [2008] EWHC 991 (Ch) (07 May 2008)

High Court (Queen’s Bench Division)

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors [2008] EWHC 921 (QB) (06 May 2008)

High Court (Administrative Court)

Warren, R (on the application of) v Her Majesty’s Assistant Coroner for Northamptonshire [2008] EWHC 966 (Admin) (29 April 2008)

X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC [2008] EWHC 800 (Pat) (21 April 2008)

Source: www.bailii.org

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 7th, 2008 in law reports, race discrimination, victimisation by sally

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138

S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation.”

WLR Daily, 6th May 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.

Burden and Another v United Kingdom (Application No 13378/05) – Times Law Reports

Posted May 7th, 2008 in law reports by sally

Burden and Another v United Kingdom (Application No 13378/05)

European Court of Human Rights

“Sisters who shared a house could not be compared to a couple united by law so as to invoke provisions prohibiting discrimination.”

The Times, 7th May 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.