Category: law reports

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports

Posted June 3rd, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency

Court of Appeal

“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”

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.

Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted June 2nd, 2008 in appeals, extradition, law reports, time limits by sally

Moulai v Deputy Public Prosecutor, Creteil

Queen’s Bench Divisional Court

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.”

The Times, 2nd 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.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Posted June 2nd, 2008 in contract of employment, law reports, self-employment, unfair dismissal by sally

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd 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.

MO (Nigeria) v Secretary of State for Home Department – Times Law Reports

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

MO (Nigeria) v Secretary of State for Home Department

Court of Appeal

“Where no transitional provisions existed, applications made under a previous regime of rules would be adjudged under the current replacement rules.”

The Times, 2nd 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 May 30th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Mankowski, R. v [2008] EWCA Crim 1109 (01 May 2008)

Lockwood, R. v [2008] EWCA Crim 1099 (01 May 2008)

High Court (Chancery Division)

Scammell & Anor v Farmer [2008] EWHC 1100 (Ch) (22 May 2008)

High Court (Family Division)

BT v JRT [2008] EWHC 1169 (Fam) (22 May 2008)

Source: www.bailii.org

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same – Times Law Reports

Posted May 30th, 2008 in armed forces, human rights, inquests, Iraq, jurisdiction, law reports by sally

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same

Queen’s Bench Division

“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”

The Times, 30th 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 May 29th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB) (19 May 2008)

P & Ors v Quigley [2008] EWHC 1051 (QB) (16 May 2008)

High Court (Administrative Court)

Focus (DIY) Ltd v London Borough of Hillingdon [2008] EWHC 1152 (Admin) (09 May 2008)

Lusamba, R (on the application of) v London Borough of Islington [2008] EWHC 1149 (Admin) (14 May 2008)

Redknapp & Anor v Commissioner of the City of London Police & Anor [2008] EWHC 1177 (Admin) (23 May 2008)

Source: www.bailii.org

Practice Statement (House of Lords: Appearance of Counsel) – WLR Daily

Posted May 29th, 2008 in barristers, law reports, practice directions by sally

Practice Statement (House of Lords: Appearance of Counsel); [2008] WLR (D) 175

“Their Lordships wished to remind the Bar of a rule which appeared to be less well known than it was. If counsel were instructed to appear before the highest court in the United Kingdom they were expected to be present at and throughout the hearing.”

WLR Daily, 28th 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.

SB v X County Council – Times Law Report

Posted May 29th, 2008 in adoption, law reports by sally

SB v X County Council

Court of Appeal

“In contentious adoption cases, where the court was dispensing with parental consent, the question of any contact between the children and their family members was for the court and not the local authority to resolve.”

The Times, 29th 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 (HSMP Forum Ltd) v Secretary of State for the Home Department – Times Law Reports

Posted May 29th, 2008 in immigration, law reports by sally

Regina (HSMP Forum Ltd) v Secretary of State for the Home Department

Queen’s Bench Division

“The introduction of a new and more restrictive regime for highly skilled immigrants was unlawful because it prejudiced people already admitted to the UK under an earlier regime by reducing their opportunity to gain permanent rights of residency.”

The Times, 29th 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 May 28th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Norbrook Laboratories (Gb) Ltd v Adair & Anor [2008] EWHC 978 (QB) (06 May 2008)

Crowley v Surrey County Council & Ors [2008] EWHC 1102 (QB) (20 May 2008)

WRN Ltd. v Ayris [2008] EWHC 1080 (QB) (21 May 2008)

Sandford & Anor v London Borough of Waltham Forest [2008] EWHC 1106 (QB) (21 May 2008)

BRB (Residuary) Ltd. v Connex South Eastern Ltd [2008] EWHC 1172 (QB) (23 May 2008)

High Court (Administrative Court)

Bristol Magistrates Court [2008] EWHC 1153 (Admin) (07 May 2008)

Source: www.bailii.org

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust – Times Law Reports

Posted May 28th, 2008 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust

Queen’s Bench Divisional Court

“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”

The Times, 28th 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.

S-H v Kingston upon Hull City Council and Another – Times Law Reports

Posted May 28th, 2008 in adoption, law reports by sally

S-H v Kingston upon Hull City Council and Another

Court of Appeal

“In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.”

The Times, 28th 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.

Corby Group Litigation v Corby Borough Council – Times Law Reports

Posted May 28th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council

Court of Appeal

“The House of Lords had neither expressly nor impliedly reversed the long-standing principle that damages for personal injury could be claimed in the tort of public nuisance.”

The Times, 28th 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.

House of Lords Judgments: What’s new?

Posted May 27th, 2008 in law reports by sally

R V Asfaw (On Appeal From The Court of Appeal (Criminal Division)) [2008] UKHL 31 (21 May 2008)

Bowden (Ap) V Poor Sisters of Nazareth and Others (Scotland) Whitton (Ap) V Poor Sisters of Naza [2008] UKHL 32 (21 May 2008)

Source: www.parliament.uk

Satyam Computer Services Ltd v Upaid Systems Ltd – Times Law Reports

Posted May 27th, 2008 in agreements, intellectual property, interpretation, law reports by sally

Satyam Computer Services Ltd v Upaid Systems Ltd

Court of Appeal

“It would only be through the use of the clearest possible specific language that parties to a settlement would be taken to have excluded fraud-based claims.”

The Times, 27th 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.

Ramblers’ Association v Coventry City Council – Times Law Reports

Posted May 27th, 2008 in footpaths, law reports by sally

Ramblers’ Association v Coventry City Council

Queen’s Bench Division

“A council could order the closure of a footpath under section 129A to G of the Highways Act 1980, as inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005, only if satisfied that the footpath had facilitated prolonged criminal or antisocial behaviour at the date of the order.”

The Times, 27th 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.

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th 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 Asfaw – Times Law Reports

Posted May 27th, 2008 in asylum, law reports by sally

Regina v Asfaw

House of Lords

“The humanitarian aims of the UN Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) were to be achieved by construing its words purposively.”

The Times, 26th 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.

R v Porter – WLR Daily

Posted May 23rd, 2008 in health & safety, law reports, school children by sally

R v Porter; [2008] WLR (D) 167

“There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real risk by the conduct of the operation in question. There was no objective standard which applied in every case but there would be important factors which would indicate one way or the other whether there was such a risk.”

WLR Daily, 23rd 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.