law reports – Page 333 – Current Awareness

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government – Times Law Reports

Posted March 12th, 2008 in law reports, local government, prerogative powers by sally

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government

Court of Appeal

“Proposals to replace two-tier local government in some parts of the country with unitary authorities, made before the necessary statutory powers were in place, were lawful as long as genuine reconsideration had been given to them after the commencement of the relevant Act.”

The Times, 12th March 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 March 11th, 2008 in law reports by sally

High Court (Chancery Division)

Johnson v Revenue and Customs [2008] EWHC 412 (Ch) (06 February 2008)

High Court (Administrative Court)

Flenley & Anor, R (on the application of) v London Borough of Hammersmith & Fulham [2008] EWHC 366 (Admin) (11 February 2008)

Cocktails Ltd, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 380 (Admin) (21 February 2008)

Secretary of State for the Home Department v AF [2008] EWHC 453 (Admin) (10 March 2008)

Olum, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 407 (Admin) (15 February 2008)

Source: www.bailii.org

Regina v Y (Hearsay evidence) – Times Law Reports

Posted March 11th, 2008 in hearsay evidence, law reports by sally

Regina v Y (Hearsay evidence)

Court of Appeal (Criminal Division)

“Some rulings by trial judges could properly be described both as relating to counts on the indictment as well as being evidentiary.”

The Times, 11th March 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.

Kosmar Villa Holidays plc v Trustees of Syndicate 1243 – Times Law Reports

Posted March 11th, 2008 in accidents, estoppel, insurance, law reports by sally

Kosmar Villa Holidays plc v Trustees of Syndicate 1243

Court of Appeal

“Where insurers acknowledged a claim under a policy knowing that the insured had failed to comply with a condition precedent in the notification clause, they did not elect to waive the insured’s failure and accept liability.”

The Times, 11th March 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.

Caudle v LD Law Ltd – WLR Daily

Posted March 11th, 2008 in documents, executors, law reports by sally

Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78

“A person who intends to exercise his entitlement to apply for a grant of letters of administration of an estate does not have an enforceable right to immediate possession of property formerly owned by the deceased unless it is necessary that he takes possession to safeguard the estate.”

WLR Daily, 10th March 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.

Reinwood Ltd v L Brown & Sons Ltd – WLR Daily

Posted March 11th, 2008 in building law, contracts, law reports by sally

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77

“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”

WLR Daily, 10th March 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.

BAILII: Recent Decisions

Posted March 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Legal Services Commission v Rasool [2008] EWCA Civ 154 (05 March 2008)

Revenue & Customs v Dunwood Travel Ltd [2008] EWCA Civ 174 (07 March 2008)

AIC Ltd v Marine Pilot Ltd [2008] EWCA Civ 175 (07 March 2008)

Research In Motion UK Ltd v Visto Corporation [2008] EWCA Civ 153 (06 March 2008)

City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (06 March 2008)

Court of Appeal (Criminal Division)

Bright, R v [2008] EWCA Crim 462 (06 March 2008)

O, J and S, R v [2008] EWCA Crim 463 (06 March 2008)

High Court (Queen’s Bench Division)

Burnley Local Government Election, Re [2008] EWHC 316 (QB) (05 February 2008)

Rath v Guardian News and Media Ltd & Anor [2008] EWHC 398 (QB) (05 March 2008)

W v JH & Anor [2008] EWHC 399 (QB) (05 March 2008)

High Court (Chancery Division)

Donaldson v O’Sullivan [2008] EWHC 387 (Ch) (29 February 2008)

Birkdale School, Sheffield v HM Revenue & Customs [2008] EWHC 409 (Ch) (05 March 2008)

Greenland Bank Ltd v American Express Bank Ltd [2008] EWHC 421 (Ch) (06 March 2008)

High Court (Family Division)

X Council v B & Ors [2008] EWHC 270 (Fam) (18 February 2008)

High Court (Administrative Court)

G, R (on the application of) v Nottingham City Council [2008] EWHC 400 (Admin) (05 March 2008)

Escobar v DPP [2008] EWHC 422 (Admin) (06 March 2008)

Paschayan v Government of Switzerland [2008] EWHC 388 (Admin) (06 March 2008)

Tabernacle v Secretary of State for Defence [2008] EWHC 416 (Admin) (06 March 2008)

Chen, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 437 (Admin) (02 March 2008)

Kucera v District Court of Karvina, Czech Republic [2008] EWHC 414 (Admin) (07 March 2008)

High Court (Commercial Court)

M & J Polymers Ltd v Imerys Minerals Ltd [2008] EWHC 344 (Comm) (29 February 2008)

High Court (Technology and Construction Court)

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor [2008] EWHC 413 (TCC) (06 March 2008)

Charlton & Anor v Northern Structural Services Ltd [2008] EWHC 66 (TCC) (08 February 2008)

Source: www.bailii.org

Expandable Ltd and Others v Rubin – Times Law Reports

Posted March 10th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and Others v Rubin

Court of Appeal

“The mention of a document in a witness statement did not constitute an automatic waiver of legal professional privilege so as entitle the other party to inspection of it.”

The Times, 10th March 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.

Piggott v Director of Public Prosecutions – Times Law Reports

Posted March 10th, 2008 in law reports, road traffic by sally

Piggott v Director of Public Prosecutions

Queen’s Bench Divisional Court

“While there was no obligation on a driver, asked to provide a specimen of breath for analysis, to declare a medical condition which might make it difficult or impossible for her to meet that requirement, in some cases that might be regarded as a refusal to do so.”

The Times, 10th March 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.

Breakspear and Others v Ackland and Another – Times Law Reports

Posted March 10th, 2008 in confidentiality, law reports, trusts by sally

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th March 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.

Legal Services Commission v Rasool – WLR Daily

Posted March 7th, 2008 in costs, law reports, legal aid, limitations by sally

Legal Services Commission v Rasool [2008] EWCA Civ 154; WLR (D) 75

“For the purposes of limitation and ascertaining the date of accrual of a cause of action permitting the Legal Services Commission to recover costs following revocation of a legal aid certificate, it was not a condition precedent that the quantum of any such costs should first be established before time started to run.”

WLR Daily, 6th March 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 (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2) – Times Law Reports

Posted March 7th, 2008 in immigration, judicial review, law reports by sally

Regina (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2)

Court of Appeal

“Where a listing mistake meant a statutory review of an immigration appeal went ahead, resulting in a final determination, before a judicial review application had been heard, the judicial review should be heard and the final determination set aside; otherwise the applicant would suffer serious injustice for which there was no other remedy.”

The Times, 7th March 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 Rose (Kevin) – Times Law Reports

Posted March 6th, 2008 in law reports, proceeds of crime, valuation by sally

Regina v Rose (Kevin)

Court of Appeal (Criminal Division)

“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”

The Times, 6th March 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 Marchese – Times Law Reports

Posted March 6th, 2008 in indictments, law reports by sally

Regina v Marchese

Court of Appeal (Criminal Division)

“The fact that a count in an indictment was duplicitous would not lead to the quashing of a conviction if, on the facts, the duplicity had not caused any injustice to the defendant. ”

The Times, 6th March 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, Sheffield v Revenue and Customs Commissioners – WLR Daily

Posted March 6th, 2008 in education, fees, law reports, VAT by sally

Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch); WLR (D) 74

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

WLR Daily, 5th March 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.

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) – WLR Daily

Posted March 6th, 2008 in bona vacantia, law reports, unincorporated associations by sally

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73

“The assets of an unincorporated association, which was not a charity and which had ceased to exist due to the fall in its membership to below two, did not pass to the Crown as bona vacantia but vested in the sole surviving member of the association.”

WLR Daily, 5th March 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.

BAILII: Recent Decisions

Posted March 5th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)

Shrewsbury & Atcham Borough Council & Anor v Secretary of State for Communities & Local Government & Anor [2008] EWCA Civ 148 (04 March 2008)

Court of Appeal (Criminal Division)

Kirk v R [2008] EWCA Crim 434 (04 March 2008)

Source: www.bailii.org

GAB Robins (UK) Ltd v Triggs – Times Law Reports

Posted March 5th, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs

Court of Appeal

“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”

The Times, 5th March 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 W. Stevenson & Sons (a Partnership) – Times Law Reports

Posted March 5th, 2008 in criminal responsibility, law reports, partnerships by sally

Regina v W. Stevenson & Sons (a Partnership)

Court of Appeal (Criminal Division)

“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”

The Times, 5th March 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.

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same – WLR Daily

Posted March 4th, 2008 in contracts, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69

“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”

WLR Daily, 3rd March 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.