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.
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.
Regina (Wood) v Commissioner of Police of the Metropolis
Queen’s Bench Division
“Taking and retaining photographs of someone engaged in a political protest or demonstration was not unlawful and did not infringe his human rights.”
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.
Court of Appeal (Civil Division)
Portsmouth Youth Activities Committee (A Charity) v Poppleton [2008] EWCA Civ 646 (12 June 2008)
Gibson v Revenue & Customs Prosecution Office [2008] EWCA Civ 645 (12 June 2008)
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 (12 June 2008)
High Court (Queen’s Bench Division)
X & Anor v London Borough of Hounslow [2008] EWHC 1168 (QB) (23 May 2008)
High Court (Family Division)
Durham County Council v D & Ors [2008] EWHC 1306 (Fam) (11 June 2008)
High Court (Commercial Court)
JP Morgan Chase Bank & Ors v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) (27 May 2008)
High Court (Patents Court)
Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor [2008] EWHC 1311 (Pat) (12 June 2008)
Source: www.bailii.org
In re B (Children) (Care orders: Standard of proof)
House of Lords
“The standard of proof necessary to establish the threshold for making a care order was the simple balance of probabilities. Neither the seriousness of any allegations nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.”
The Times, 12th 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 standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served the tariff on his life sentence should be released, was the civil standard of the balance of probabilities.”
WLR Daily, 11th 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.
In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186
“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”
WLR Daily, 11th 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 (Smith) v Crown Court at Snaresbrook [2008] EWHC 1282 (Admin); [2008] WLR (D) 185
“The only criterion for the making of an order under s 5(4) of the Anti-social Behaviour Act 2003 extending the period of a closure order was whether the extension was necessary to prevent the occurrence of disorder or serious nuisance.”
WLR Daily, 11th 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.
“The English court had power over persons properly subject to its in personam jurisdiction to make ancillary orders in protection of its jurisdiction and its processes, including the integrity of its judgments. The power was a discretionary one to be exercised in accordance with the requirements of international comity.”
WLR Daily, 9th 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.
“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”
WLR Daily, 9th 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.
Court of Appeal (Civil Division)
Financial Ombudsman Service v Heather Moor & Edgecomb Ltd [2008] EWCA Civ 643 (11 June 2008)
McCarthy v Secretary of State for the Home Department [2008] EWCA Civ 641 (11 June 2008)
High Court (Patents Court)
Novartis AG v Dexcel-Pharma Ltd [2008] EWHC 1266 (Pat) (10 June 2008)
Source: www.bailii.org
Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another
Court of Appeal
“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”
The Times, 11th 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 (Criminal Division)
Stringer, R v [2008] EWCA Crim 1222 (10 June 2008)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Reynolds, R (on the application of) v Sussex Police & Anor [2008] EWHC 1240 (Admin) (16 May 2008)
Source: www.bailii.org
Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc
Court of Appeal
“Owners of vessels which failed to comply with the Marine Pollution Convention, as warranted in the charterparty and were unable to carry to all specified ports the full range of petroleum products set out therein, were in breach of time charters.”
The Times, 10th 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
“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.
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