The cases that changed Britain: 1785-1869 – Times Online
“It is a question to excite the repressed student in every lawyer: which cases have most shaped British law over the past 200 years?”
The Times, 19th June 2008
Source: www.timesonline.co.uk
Category: law reports
House of Lords Judgments: What’s New?
Merton London Borough Council v Jones – WLR Daily
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
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
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acquired another domicile of choice was no greater than that which was required to show that one domicile of choice had superseded another.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
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
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)
Source: www.bailii.org
O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily
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
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
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)
Gee, R (on the application of) v London Borough of Lewisham [2008] EWHC 1286 (Admin) (22 May 2008)
H, R (on the application of) v London Borough of Barnet [2008] EWHC 1294 (Admin) (23 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
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)
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
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
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
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.
Pietrzak v Regional Court in Wloclawek, Poland – WLR Daily
Pietrzak v Regional Court in Wloclawek, Poland; [2008] WLR (D) 190
“Art 8(1) of European Council Framework Decision of 13 June 2002 set out the contents necessary for a valid European arrest warrant: additional information specified in the form in the annex to the Framework Decision did not form part of the warrant for the purposes of validity.”
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.
R (L) v Merton London Borough Council – WLR Daily
R (L) v Merton London Borough Council; [2008] WLR (D) 191
“The Arrangements for Placement of Children (General) Regulations 1991 (SI 1991/890), reg 13 did not impose a maximum of 120 days of respite care in a 12-month period, although Department of Health guidance (‘Respite care: series of short-term placements of children’ (LAC (95) 14) ) appeared to indicate otherwise.”
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.
Hanoman v Southwark London Borough Council (No 2) – WLR Daily
Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192
“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”
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.
Day v Haine and another – WLR Daily
Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188
“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”
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.
Kilby v Gawith – Times Law Reports
Court of Appeal
“In costs-only proceedings following the out-of-court settlement of a small-value road traffic claim, the court had no discretion to disallow the successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”
The Times, 13th 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 Arnold – Times Law Reports
Courts-Martial Appeal Court
“The Courts-Martial Appeal Court had no jurisdiction to entertain an appeal by a prosecutor unless at, or before informing the court that it intended to appeal the prosecutor had agreed that the accused should be acquitted of the charge if leave to appeal was not obtained.”
The Times, 13th 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.
