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.
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; [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
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)
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; [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)
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 [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.
“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); [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 [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
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.
Court of Appeal (Civil Division)
HM Revenue & Customs v Epson Telford Ltd [2008] EWCA Civ 576 (22 May 2008)
High Court (Chancery Division)
Cunningham v Nokia Corporation [2008] EWHC 1174 (Ch) (09 May 2008)
High Court (Administrative Court)
Bedfordshire County Council v Haslam & Anor [2008] EWHC 1070 (Admin) (15 May 2008)
High Court (Technology and Construction Court)
Haden Young Ltd v Laing O’Rourke Midlands Ltd [2008] EWHC 1016 (TCC) (08 May 2008)
High Court (Commercial Court)
Source: www.bailii.org
Mason v Satelcom Ltd and Another
Court of Appeal
“The owner of a room in which a workman fell from a ladder which he happened to find there was not liable to contribute to his damages even though the ladder was under the owner’s control.”
The Times, 4th 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.
Court of Appeal
“Where a claimant had obtained judgment as to liability and had been awarded damages exceeding an earlier payment-in, the judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.”
The Times, 4th 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.
Gichura v Home Office and Another
Court of Appeal
“Fulfilling a public duty and providing services could occur at the same time.”
The Times, 4th 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.
High Court (Chancery Division)
Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 (Ch) (03 June 2008)
High Court (Queen’s Bench Division)
Nicholson v Knox Ukiwa & Co (a firm) & Anor [2008] EWHC 1222 (QB) (02 June 2008)
Source: www.bailii.org
“Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty.”
WLR Daily, 2nd 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.
Kapur v Comptroller-General of Patents, Designs and Trade Marks
Chancery Division
“The exclusion within section 1(2)(c) of the Patents Act 1977 stating that schemes rules and methods for performing mental acts were not to be regarded as inventions should be construed narrowly. What should be considered was whether a claim actually covered a purely mental implementation of a claimed invention.”
The Times, 3rd 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.
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