Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence – Times Law Reports

Posted May 7th, 2008 in law reports, medicines, mental health by sally

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence

Court of Appeal

“Procedural fairness required the National Institute for Health and Clinical Excellence to release a fully executable version of an economic model to those consulted in the course of an appraisal process and not simply a read-only version. To do otherwise would place drug companies at a significant disadvantage in challenging the reliability of those models.”

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.

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th 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 T (Child: Doli incapax) – Times Law Reports

Posted May 6th, 2008 in children, doli incapax, law reports by sally

Regina v T (Child: Doli incapax)

Court of Appeal (Criminal Division)

“The statutory abolition of the rebuttable presumption that a child aged 10 or over was incapable of committing an offence also abolished the common law defence of doli incapax.”

The Times, 5th 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 (Edwards and Another) v Environment Agency and Others – Times Law Reports

Posted May 6th, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th 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.

Curistan v Times Newspapers Ltd – Times Law Reports

Posted May 6th, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd

Court of Appeal

“The privilege which attached to a fair and accurate report of parliamentary proceedings was not necessarily lost because of the addition of extraneous nonprivileged material in the same article.”

The Times, 6th 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.

Curistan v Times Newspapers Ltd – WLR Daily

Posted May 2nd, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd [2008] EWCA Civ 432; [2008] WLR (D) 135

The qualified privilege which attached to a ‘fair and accurate’ report of parliamentary proceedings was not necessarily lost because of the addition of extraneous non-privileged material in the same article. Where an article consisted in part only of passages entitled to such privilege, the meaning of the non-privileged passages was to be ascertained on the basis that the privileged passages merely provided the context in which the other statements were made, and the repetition rule, under which for the purpose of libel law a hearsay statement was the same as a direct statement, had no application to the privileged passages.”

WLR Daily, 1st 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.


Bone v Newham London Borough Council – WLR Daily

Posted May 2nd, 2008 in employment, law reports, sex discrimination, tribunals, victimisation by sally

Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134

Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had been an act of direct sex discrimination and victimisation. Where the Employment Appeal Tribunal concluded that the tribunal had erred in law in so amending its decision, it was inappropriate for the EAT simply to allow the appeal and leave the original and unamended decision to stand.”

WLR Daily, 1st 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 (BAPIO Action Ltd) v Secretary of State for the Home Department and another – WLR Daily

Posted May 2nd, 2008 in doctors, immigration, law reports by sally

R (BAPIO Action Ltd) v Secretary of State for the Home Department and another [2008] UKHL 27; [2008] WLR (D) 133

Departmental guidance to NHS trusts which had the effect of preventing trainee doctors from overseas being offered postgraduate training places in NHS hospitals was unlawful.”

WLR Daily, 1st 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 (Warden and Fellows of Winchester College and another) v Hampshire County Council – WLR Daily

Posted May 1st, 2008 in law reports, rights of way by sally

R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132

The formal requirements governing the making of an application to modify a definitive map and statement under s 53(5) of, and para 3 of Sch 14 to, the Wildlife and Countryside Act 1981, which were contained in para 1 of Sch 14, had to be adhered to strictly. Where such an application was found to be invalid, certain rights ostensibly extinguished under s 67(1) of the Natural Environment and Rural Communities Act 2006 were not apt to be saved by virtue of s 67(3) of the 2006 Act since the latter provision was predicated upon a valid application.”

WLR Daily, 30th April 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.

4 Eng Ltd v Harper and another – WLR Daily

Posted May 1st, 2008 in damages, deceit, law reports by sally

4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch); [2008] WLR (D) 131

There was no objection in principle to recovery of damages for loss of a chance in an action for deceit.”

WLR Daily, 30th April 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 (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another – Times Law Reports

Posted May 1st, 2008 in doctors, immigration, law reports by sally

Regina (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another

House of Lords

“Government guidance to National Health Service employers which had the effect of preventing overseas trainee doctors from being offered postgraduate training places in NHS hospitals was unlawful.”

The Times, 1st May 2008

Source: www.timesonline.co.uk

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

Bicknell v Foxtons Ltd – Times Law Reports

Posted May 1st, 2008 in estate agents, law reports by sally

Bicknell v Foxtons Ltd

Court of Appeal

“An estate agent was entitled to a commission under a sole agency agreement only if he introduced to the client a person who was the eventual purchaser.”

The Times, 1st 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.

BAILII: Recent Decisions

Posted April 30th, 2008 in law reports by sally

High Court (Technology and Construction Court)

L Brown & Sons Ltd v Crosby Homes (North West) Ltd [2008] EWHC 817 (TCC) (23 April 2008)

Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [2008] EWHC 933 (TCC) (29 April 2008)

BAILII: Recent Decisions

Posted April 30th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Ide v ATB Sales Ltd & Anor [2008] EWCA Civ 424 (28 April 2008)

Whitecap Leisure Ltd v John H. Rundle Ltd. [2008] EWCA Civ 429 (28 April 2008)

Consistent Group Ltd v Kalwak & Ors [2008] EWCA Civ 430 (29 April 2008)

Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWCA Civ 431 (29 April 2008)

Court of Appeal (Criminal Division)

G v R [2008] EWCA Crim 922 (29 April 2008)

Purcell v R [2008] EWCA Crim 894 (29 April 2008)

Diamond, R v [2008] EWCA Crim 923 (29 April 2008)

High Court (Commercial Court)

Artibell Shipping Company Ltd. v Markel International Insurance Company Ltd & Ors [2008] EWHC 811 (Comm) (24 April 2008)

Office of Fair Trading v Abbey National Plc & 7 Ors [2008] EWHC 875 (Comm) (24 April 2008)

Scottish Coal Company Ltd & Ors v Royal and Sun Alliance Insurance Plc & Ors [2008] EWHC 880 (Comm) (28 April 2008)

High Court (Family Division)

McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)

Nottingham City Council v G & Ors [2008] EWHC 540 (Fam) (18 March 2008)

S v S [2008] EWHC 519 (Fam) (19 March 2008)

London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam) (03 April 2008)

Regina v Hodgson; Regina v Pollin – Times Law Reports

Posted April 30th, 2008 in indictments, law reports, murder by sally

Regina v Hodgson; Regina v Pollin

Court of Appeal

“Where appellants had originally been charged with attempted murder but after discussion agreed to admit a lesser charge, the fact that ‘intent’ was omitted from the indictment was not a fatal flaw.”

The Times, 30th April 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.

Hall v Hall – Times Law Reports

Posted April 30th, 2008 in divorce, judgments, law reports by sally

Hall v Hall

Court of Appeal

“It was wholly inappropriate for a judge to make an order which he himself acknowledged was plainly wrong.”

The Times, 30th April 2008

Source: www.timesonline.co.uk

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

B v B (Ancillary relief: Distribution of assets) – Times Law Reports

Posted April 30th, 2008 in divorce, law reports by sally

B v B (Ancillary relief: Distribution of assets)

Court of Appeal

“The source and origin of assets should be taken into account in considering ancillary relief since the primary objectives were fairness and an absence of discrimination between the parties.”

The Times, 30th April 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.

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Posted April 29th, 2008 in banking, consumer protection, contracts, law reports by sally

Office of Fair Trading v Abbey National plc and Others

Queen’s Bench Division

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness.”

The Times, 29th April 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.

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another – WLR Daily

Posted April 29th, 2008 in confidentiality, disclosure, freedom of information, law reports by sally

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another; [2008] WLR (D) 129

“Where a public official reasonably believed that information had been given under a statutory procedure in circumstances which gave rise at that time to a reasonable expectation of privacy, and the statute prohibited disclosure for purposes other than those to which the Act related, that information was exempt from disclosure under the Freedom of Information Act 2000.”

WLR Daily, 28th April 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 Greaves – Times Law Reports

Posted April 28th, 2008 in appeals, criminal procedure, law reports by sally

Regina v Greaves

Court of Appeal (Criminal Division)

“Accompanying papers of great bulk and some complexity did not turn an unarguable, unmeritorious, application for leave to appeal against conviction into one which was arguable; nor did bulk and complexity operate as some kind of unspoken barrier to making a loss-of-time order under section 29 of the Criminal Appeal Act 1968.”

The Times, 28th April 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.