Category: law reports

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health – WLR Daily

Posted March 4th, 2008 in advertising, EC law, food, labelling, law reports by sally

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68

“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”

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.

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another – WLR Daily

Posted March 4th, 2008 in appeals, immigration, law reports by sally

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149; WLR (D) 67

“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”

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.

Marchant v Dixon – Times Law Reports

Posted March 4th, 2008 in divorce, law reports by sally

Marchant v Dixon

Court of Appeal

“The remarriage of a former wife soon after the making of a consent order as to financial arrangements in a divorce settlement did not necessarily invalidate that order. ”

The Times, 4th 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 4th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141 (28 February 2008)

Giles v Rhind [2008] EWCA Civ 118 (28 February 2008)

Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm) [2008] EWCA Civ 84 (28 February 2008)

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008)

AS (Somalia) & Anor v Entry Clearance Officer, Addis Ababa & Anor [2008] EWCA Civ 149 (29 February 2008)

Wasa International Insurance Company Ltd. v Lexington Insurance Company [2008] EWCA Civ 150 (29 February 2008)

Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 (29 February 2008)

Olafsson v Gissurarson [2008] EWCA Civ 152 (03 March 2008)

Court of Appeal (Criminal Division)

Cockburn, R v [2008] EWCA Crim 316 (28 February 2008)

R v R [2008] EWCA Crim 370 (29 February 2008)

High Court (Queen’s Bench Division)

Kurtha v Marks [2008] EWHC 336 (QB) (27 February 2008)

Caudle v Ld Law Ltd. [2008] EWHC 374 (QB) (29 February 2008)

High Court (Administrative Court)

Asghar & Co Solicitors, R (on the application of) v The Law Society [2008] EWHC 342 (Admin) (27 February 2008)

Secretary of State for the Home Department v AN [2008] EWHC 372 (Admin) (29 February 2008)

Privy Council

Pitman v. The State (Trinidad And Tobago) [2008] UKPC 16 (3 March 2008)

Knight v. Attorney General of the Cayman Islands (Cayman Islands) [2008] UKPC 14 (25 February 2008)

Source: www.bailii.org

Regina (M) v Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 3rd, 2008 in children, housing, law reports, social services by sally

Regina (M) v Hammersmith and Fulham London Borough Council

House of Lords

“Where a child had been provided with accommodation by a local authority’s housing department but had not come to the attention of its children’s services department, she was not entitled to further council support in her own right.”

The Times, 3rd 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.

Allison v London Underground Ltd – Times Law Reports

Posted February 29th, 2008 in employment, health & safety, law reports, personal injuries by sally

Allison v London Underground Ltd

Court of Appeal

“The statutory requirement for an employer to provide adequate training for its employees imposed a higher duty than the common law duty which incorporated reasonable foreseeability; the statutory test was what training was needed in the light of what the employer ought to have known about the risks from the activities of its business.”

The Times, 29th February 2008

Source: www.timesonline.co.uk

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

Cinpres Gas Injection Ltd v Melea Ltd – Times Law Reports

Posted February 29th, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal

“Perjury by a witness who had common cause with one of the parties in proceedings could be sufficient to have the judgment set aside as having been obtained by fraud.”

The Times, 29th February 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.

Welsh Ministers v Care Standards Tribunal and Another – Times Law Reports

Posted February 29th, 2008 in care homes, law reports, tribunals by sally

Welsh Ministers v Care Standards Tribunal and Another

Queen’s Bench Division

“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”

The Times, 29th February 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 (M) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 28th, 2008 in children, housing, law reports, social services by sally

R (M) v Hammersmith and Fulham London Borough Council [2008] UKHL 14; WLR (D) 64

“A child who had been provided with accommodation by the housing department of a local authority but had not been brought to the attention of their children’s services department had not been ‘looked after’ under s 22(1) of the Children Act 1989 and was accordingly not entitled, having reached 18, to support under the Act as a ‘former relevant child’.”

WLR Daily, 27th February 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.

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG – WLR Daily

Posted February 28th, 2008 in assisted reproduction, law reports, pregnancy, sex discrimination, unfair dismissal by sally

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG (Case C-506/06): WLR (D) 63

“An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of pregnant workers, but her dismissal was unlawful under Directive 76/207 on equal treatment for men and women in employment matters if it was essentially based on the fact that she was undergoing in vitro fertilisation treatment.”

WLR Daily, 27th February 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.

Corr v IBC Vehicles Ltd – WLR Daily

Posted February 28th, 2008 in industrial injuries, law reports, negligence, suicide by sally

Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62

“Where the deceased’s suicide had been the direct result of a depressive illness from which he had been suffering, which had been the direct and foreseeable consequence of an accident for which his employer was liable, his widow was entitled to claim damages under s 1 of the Fatal Accidents Act 1976. No reduction should be made for contributory negligence.”

WLR Daily, 27th February 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.

House of Lords Judgments: What’s new?

Posted February 28th, 2008 in law reports by sally

Corr (Administratix of The Estate of Thomas Corr (Deceased)) v Ibc Vehicles Limited, Appellate Committee [2008] UKHL 13 (27 February 2008)

R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee [2008] UKHL 14 (27 February 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted February 28th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Front Ace, Owners of the Ship v Vicky 1, Owners of the Ship [2008] EWCA Civ 101 (26 February 2008)

FK (Kenya) v Secretary of State for the Home Department [2008] EWCA Civ 119 (26 February 2008)

Court of Appeal (Criminal Division)

W Stevenson & Sons (A Partnership)& Anor v R [2008] EWCA Crim 273 (25 February 2008)

High Court (Queen’s Bench Division)

Telles v South West Strategic Health Authority [2008] EWHC 292 (QB) (26 February 2008)

High Court (Chancery Division)

Dartmouth Court Blackheath Ltd v Berisworth Ltd [2008] EWHC 350 (Ch) (27 February 2008)

Hanchett-Stamford v Attorney General & Ors [2008] EWHC 330 (Ch) (27 February 2008)

High Court (Technology and Construction Court)

Landfast (Anglia) Ltd. v Cameron Taylor One Ltd [2008] EWHC 343 (TCC) (26 February 2008)

Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) (27 February 2008)

Source: www.bailii.org

Corr v IBC Vehicles Ltd – Times Law Reports

Posted February 28th, 2008 in law reports by sally

Corr v IBC Vehicles Ltd

House of Lords

“A widow was entitled to damages in respect of her husband’s suicide where that had been the direct result of a depressive illness from which he had suffered as the direct and foreseeable consequence of an accident for which his employer had been responsible. ”

The Times, 28th February 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 (Aweys and Others) v Birmingham City Council – Times Law Report

Posted February 27th, 2008 in law reports by sally

Regina (Aweys and Others) v Birmingham City Council

Court of Appeal

“A housing authority acted unlawfully when persons unintentionally homeless and in priority need, but unsuitably accommodated rather than on the streets, were left in the same accommodation pending permanent re-housing.”

The Times, 27th February 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.

Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs – Times Law Reports

Posted February 27th, 2008 in law reports by sally

Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs

Court of Appeal

“Where the United Kingdom had not levied corporation tax on the dividend paid by a UK subsidiary to a parent resident in The Netherlands or Italy, the UK tax authorities would not assume responsibility for eliminating double taxation.”

The Times, 27th February 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.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th February 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 v W Stevenson & Sons (A Partnership) – WLR Daily

Posted February 27th, 2008 in criminal responsibility, law reports, partnerships by sally

R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60

“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 personal assets of the partners on the basis of the partnership’s conviction.”

WLR Daily, 26th February 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 (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted February 26th, 2008 in animals, environmental protection, law reports, planning by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn; WLR (D) 59

“In considering the tension between the purposes of s136 of the Local Government Planning and Land Act 1980 (bringing land into effective use) and s40 of the Natural Environment Act 2000 (conserving biodiversity) a benevolent construction should be given to planning decisions and, where a claimant contended that a decision was procedurally flawed, it was right to look behind the words used and see what had in substance been decided.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.