law reports – Page 333 – Current Awareness

Islington London Borough Council v Honeygan-Green – Times Law Reports

Posted April 28th, 2008 in housing, law reports by sally

Islington London Borough Council v Honeygan-Green

Court of Appeal

“An order for possession made against a secure tenant did not defeat her right to acquire a long lease of a tenanted flat; if the possession order had been discharged the tenant’s right to acquire revived.”

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.

BAILII: Recent Decisions

Posted April 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Roden & Anor, R v [2008] EWCA Crim 879 (23 April 2008)

Court of Appeal (Civil Division)

Perkin & Anor v Lupton Fawcett (a firm) [2008] EWCA Civ 418 (24 April 2008)

High Court (Chancery)

Hartshorne v Gardner [2008] EWHC B3 (Ch) (14 March 2008)

Rousselon Freres Et CIE v Horwood Homewares Ltd [2008] EWHC 881 (Ch) (24 April 2008)

High Court (Queen’s Bench Division)

Chambers & Anor v Guildford Borough Council [2008] EWHC 826 (QB) (22 April 2008)

Secretary of State for the Home Office v British Union for the Abolition of Vivisection & Anor [2008] EWHC 892 (QB) (25 April 2008)

High Court (Administrative Court)

A, R (on the application of) v West Middlesex University Hospital NHS Trust [2008] EWHC 855 (Admin) (11 April 2008)

A, K, M, Q & G v HM Treasury [2008] EWHC 869 (Admin) (24 April 2008)

Source: www.bailii.org

Office of Fair Trading v Abbey National plc and Others – WLR Daily

Posted April 25th, 2008 in banking, consumer protection, contracts, law reports by sally

Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Ibrahim and others – WLR Daily

Posted April 25th, 2008 in evidence, law reports, police interviews, terrorism by sally

R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127

“Evidence obtained during ‘safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984.”

WLR Daily, 25th 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.

Secretary of State for the Home Department v AF (No 3) – Times Law Reports

Posted April 25th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF (No 3)

Queen’s Bench Division

“Fair trial provisions guaranteed by the European Convention on Human Rights could not be overcome by a claim that the offended party’s case had no possible chance of success.”

The Times, 25th 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.

BAILII: Recent Decisions

Posted April 24th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Fowler v Barron [2008] EWCA Civ 377 (23 April 2008)

Enfield Technical Services Ltd. v Payne & Anor [2008] EWCA Civ 393 (22 April 2008)

Foxtons Ltd. v Bicknell & Anor [2008] EWCA Civ 419 (23 April 2008)

Green Lane Products Ltd v PMS International Group Plc & Ors [2008] EWCA Civ 358 (23 April 2008)

Secretary of State for Work & Pensions v Burley & Anor [2008] EWCA Civ 376 (23 April 2008)

High Court (Family Division)

Leeds City Council v Mrs YX [2008] EWHC 802 (Fam) (14 March 2008)

High Court (Queen’s Bench Division)

Seray-Wurie v The Charity Commission of England & Wales [2008] EWHC 870 (QB) (23 April 2008)

High Court (Commercial Court)

Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd [2008] EWHC 843 (Comm) (23 April 2008)

Source: www.bailii.org

R (Compton) v Wiltshire Primary Care Trust – WLR Daily

Posted April 24th, 2008 in law reports, protective costs orders by sally

R (Compton) v Wiltshire Primary Care Trust; [2008] WLR (D) 123

“There was no test of exceptionality to be applied before a protective costs order could be made.”

WLR Daily, 23rd 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.

Carver v BAA plc – WLR Daily

Posted April 24th, 2008 in costs, damages, law reports, payment into court by sally

Carver v BAA plc [2008] EWCA Civ 412; [2008] WLR (D) 122

“Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach when considering costs and the question whether the result was ‘more advantageous’ vis à vis a refused payment in, and he was entitled if appropriate to award costs in favour of a losing party or to make no order for costs.”

WLR Daily, 23rd 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.

Ashley and Another v Chief Constable of Sussex Police – Times Law Reports

Posted April 24th, 2008 in law reports by sally

Ashley and Another v Chief Constable of Sussex Police

House of Lords

“A civil claim against the police for assault and battery by the family of an unarmed man shot dead during a police raid was not to be struck out despite the responsible officer’s acquittal of murder because, in civil law, a plea of mistaken self-defence required not only that the assailant’s mistaken belief that he had been under threat had been honestly held, as required by the criminal law, but also that it had been reasonably held.”

The Times, 24th April 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted April 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ibrahim & Ors, R v [2008] EWCA Crim 880 (23 April 2008)

Clarke v R [2008] EWCA Crim 651 (23 April 2008)

Court of Appeal (Civil Division)

Campaign To End All Animal Experiments (t/a The British Union for the Abolition of Vivisection), R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 417 (23 April 2008)

Green Lane Products Ltd v PMS International Group Plc & Ors [2008] EWCA Civ 358 (23 April 2008)

High Court (Chancery Division)

Nigel Fryer Joinery Services Ltd & Anor v Ian Firth Hardware Ltd [2008] EWHC 767 (Ch) (23 April 2008)

First Independent Factors & Finance Ltd v Mountford [2008] EWHC 835 (Ch) (23 April 2008)

High Court (Family Division)

Leeds City Council v Mrs YX [2008] EWHC 802 (Fam) (14 March 2008)

High Court (Administrative Division)

Ellis v The Law Society [2008] EWHC 561 (Admin) (23 April 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted April 23rd, 2008 in law reports by sally

Ashley (FC) and another (FC) (Respondents) v Chief Constable of Sussex Police (Appellants) [2008] UKHL 25 (23 April 2008)

Source: www.parliament.uk

Laroche v Spirit of Adventure (UK) Ltd (in Liquidation) – Times Law Reports

Posted April 23rd, 2008 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd (in Liquidation)

Queen’s Bench Division

“A hot-air balloon could be categorised as an aircraft within the meaning of the Non International Rules contained in Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480). The rules provided the sole cause of action and remedy against a carrier available to a claimant in respect of injuries caused by it to him.”

The Times, 23rd 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.

Nnyanzi v United Kingdom (Application No 21878/06) – Times Law Reports

Posted April 23rd, 2008 in asylum, law reports by sally

Nnyanzi v United Kingdom (Application No 21878/06)

European Court of Human Rights

“There was no reason to belive that an applicant who unsuccessfully sought asylum, on the basis of her father’s political activities in Uganda, would be ill treated on her expulsion to that state.”

The Times, 23rd 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.

Birkdale School v Revenue and Customs Commissioners – Times Law Reports

Posted April 23rd, 2008 in education, fees, law reports, VAT by sally

Birkdale School v Revenue and Customs Commissioners

Chancery Division

“Value-added tax was not payable by independent schools on charges made to parents for optional participation in fee refund arrangements; there was a single supply of educational services to parents when they participated in such schemes.”

The Times, 23rd 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.

BAILII: Recent Decisions

Posted April 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Shabir, R. v [2008] EWCA Crim 854 (07 March 2008)

Zotiades, R. v [2008] EWCA Crim 753 (14 March 2008)

Fisher, R. v [2008] EWCA Crim 714 (14 March 2008)

Giga, R. v [2008] EWCA Crim 703 (18 March 2008)

Ikram & Anor, R v [2008] EWCA Crim 586 (19 March 2008)

Court of Appeal (Civil Division)

Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008)

Looe Fuels Ltd v Looe Harbour Commissioners [2008] EWCA Civ 414 (22 April 2008)

Carver v BAA Plc [2008] EWCA Civ 412 (22 April 2008)

Arbery & Anor, R. v [2008] EWCA Crim 702 (19 March 2008)

High Court (Administrative Division)

Eco-Power.Co.UK Ltd, R (on the application of) v Transport for London & Anor [2008] EWHC 846 (Admin) (22 April 2008)

Risk Management Partners Ltd, R (on the application of) v The Council of London Borough of Brent [2008] EWHC 692 (Admin) (22 April 2008)

High Court (Commercial Court)

Sheltam Rail Company (Proprietary) Ltd v Mirambo Holdings Ltd & Anor [2008] EWHC 829 (Comm) (21 April 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 22nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)

High Court (Chancery Division)

Buhler AG v FP Spomax SA [2008] EWHC 823 (Ch) (21 April 2008)

High Court (Queen’s Bench Division)

Cotton (t/a Allmat Enterprises) v Rickard Metals Inc [2008] EWHC 824 (QB) (21 April 2008)

High Court (Administrative Court)

Farah, R (on the application of) v General Medical Council [2008] EWHC 731 (Admin) (02 April 2008)

High Court (Commercial Court)

Westacre Investments Inc v The State-Owned Company Yugoimport SDPR [2008] EWHC 801 (Comm) (21 April 2008)

Gallaher International Ltd v TLAIS Enterprises Ltd [2008] EWHC 804 (Comm) (18 April 2008)

High Court (Technology and Construction Court)

Taylor Woodrow Construction v RMD Kwikform Ltd [2008] EWHC 825 (TCC) (17 April 2008)

High Court (Patents Court)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 819 (Pat) (17 April 2008)

Source: www.bailii.org

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another – WLR Daily

Posted April 22nd, 2008 in accounts, company directors, law reports by sally

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another [2008] EWCA Civ 387; [2008] WLR (D) 121

“The court would refuse to enforce the right of a director to inspect a company’s accounts pursuant to s 222 of the Companies Act 1985 where the purpose of the proposed inspection was to injure the company or was improper.”

WLR Daily, 21st 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.

JHP Ltd v BBC Worldwide Ltd and another – WLR Daily

JHP Ltd v BBC Worldwide Ltd and another [2008] EWHC 757 (Ch); [2008] WLR (D) 120

“In order to succeed in a claim for copying an original work, the claimant had to establish on the balance of probabilities that the defendant had copied a substantial part of that work.”

WLR Daily, 21st 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.

R (Edwards) v Environment Agency – WLR Daily

Posted April 22nd, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

R (Edwards) v Environment Agency; [2008] WLR (D) 119

“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”

WLR Daily, 21st 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.

Midlands Co-Operative Society Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted April 22nd, 2008 in assignment, law reports, VAT by sally

Midlands Co-Operative Society Ltd v Revenue and Customs Commissioners

Court of Appeal

“A taxable person was entitled to assign to another any benefit of repayment he enjoyed from the overpayment of value-added tax.”

The Times, 22nd April 2008

Source: www.timesonline.co.uk

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