law reports – Page 335 – Current Awareness

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th 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.

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others – Times Law Reports

Posted April 4th, 2008 in debts, jurisdiction, law reports by sally

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others

Court of Appeal

“Judges should be cautious before making a committal order against a judgment debtor who was prevented from attending an oral examination as to his means by the order of a court in a foreign jurisdiction.”

The Times, 4th 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 3rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Lamaletie Anor v R. [2008] EWCA Crim 314 (28 February 2008)

Lawlor, R. v [2008] EWCA Crim 474 (25 February 2008)

Southwell, R. v [2008] EWCA Crim 490 (25 February 2008)

Taylor, R. v [2008] EWCA Crim 465 (22 February 2008)

Jarvis, R. v [2008] EWCA Crim 488 (22 February 2008)

SD, R. v [2008] EWCA Crim 527 (18 February 2008)

Court of Appeal (Civil Division)

Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2008] EWCA Civ 286 (02 April 2008)

T (Children: Placement Order), Re (Rev 1) [2008] EWCA Civ 248 (19 March 2008)

B v B [2008] EWCA Civ 284 (19 March 2008)

High Court (Chancery Division)

De Wind v Wedge [2008] EWHC 514 (Ch) (19 March 2008)

High Court (Admiralty Division)

Pratt v Aigaion Insurance Company SA [2008] EWHC 489 (Admlty) (14 March 2008)

High Court (Commercial Court)

Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd [2008] EWHC 520 (Comm) (01 April 2008)

High Court (Technology and Construction Court)

Claimants v Corby Borough Council [2008] EWHC 619 (TCC) (01 April 2008)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2008] EWHC 569 (TCC) (19 March 2008)

Galliford Try Construction Ltd v Mott MacDonald Ltd [2008] EWHC 603 (TCC) (14 March 2008)

Edenbooth Ltd v Cre8 Developments Ltd [2008] EWHC 570 (TCC) (13 March 2008)

Collins & Ors v Drumgold & Ors [2008] EWHC 584 (TCC) (12 March 2008)

Source: www.bailii.org

Westminster City Council v IC and Others – Times Law Reports

Posted April 3rd, 2008 in islamic law, jurisdiction, law reports, marriage, mental health by sally

Westminster City Council v IC and Others

Court of Appeal

“A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio; the judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

The Times, 3rd 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.

Wasa International Insurance Co Ltd v Lexington Insurance Co – Times Law Reports

Posted April 3rd, 2008 in contracts, environmental protection, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same

Court of Appeal

“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”

The Times, 3rd 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.

Shepherds Bush Housing Association v Porter – Times Law Reports

Posted April 2nd, 2008 in housing, law reports, trespass by sally

Shepherds Bush Housing Association v Porter

Court of Appeal

“A tolerated trespasser could not seek the discretion of the court to revise a possession order made under the Housing Act 1985 suspended on terms, or to vary the terms, or to extend time to comply with the terms.”

The Times, 2nd 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.

Lambeth London Borough Council v TK and Another – Times Law Reports

Posted April 2nd, 2008 in children, law reports by sally

Lambeth London Borough Council v TK and Another

Court of Appeal

“When, in family proceedings, a court had made a direction under section 37 of the Children Act 1989 that a local authority should investigate the circumstances of a person claiming to be a child and, in response, the local authority concluded that the person was not a child, the court had power to order a fact-finding hearing to determine the issue.”

The Times, 2nd 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.

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

Posted April 2nd, 2008 in contracts, law reports, penalties, sale of goods by sally

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd 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.

Regina (Griffin) v Richmond Magistrates Court – Times Law Reports

Posted March 31st, 2008 in fraud, human rights, insolvency, law reports by sally

Regina (Griffin) v Richmond Magistrates Court

Queen’s Bench Divisional Court

“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”

The Times, 31st 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.

Ministry of Justice v Prison Officers’ Association – Times Law Reports

Posted March 31st, 2008 in human rights, industrial action, law reports, prison officers by sally

Ministry of Justice v Prison Officers’ Association

Queen’s Bench Division

“Article 11 of the European Convention on Human Rights guaranteeing freedom of assembly and association, conferred no express right to strike and it was not breached by a court order forbidding any form of industrial action.”

The Times, 31st 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 26th, 2008 in law reports by sally

High Court (Administrative Court)

Secretary of State for the Home Department v AE [2008] EWHC 585 (Admin) (20 March 2008)

High Court (Family Division)

S v S [2008] EWHC 519 (Fam) (19 March 2008)

High Court (Queen’s Bench division)

Oakes v Neininger & Ors [2008] EWHC 548 (QB) (19 March 2008)

High Court (Patents Court)

Symbian Ltd v Comptroller General Of Patents [2008] EWHC 518 (Pat) (18 March 2008)

Regina (Rayner) v Secretary of State for Justice – Times Law Reports

Posted March 26th, 2008 in human rights, law reports, mental health, tribunals by sally

Regina (Rayner) v Secretary of State for Justice

Court of Appeal

“The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under article 5.4 of the European Convention on Human Rights.”

The Times, 26th 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.

Free law pioneer will publish vital precedents free for the first time – OUT-LAW.com

Posted March 25th, 2008 in internet, law reports, news, publishing by sally

“A free law publication charity will publish the UK’s 3,000 most important legal decisions freely for the first time by June. The project will involve publishing vital rulings, dating back to the nineteenth century, on which UK common law is based.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

R v Ngyuen – WLR Daily

Posted March 25th, 2008 in bad character, evidence, law reports by sally

R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94

“The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence.”

WLR Daily, 20th 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.

Lichter & Schwarz (a partnership) v Rubin – WLR Daily

Posted March 25th, 2008 in disclosure, freezing injunctions, law reports by sally

Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93

“On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on which the court could form a view at that stage; it need only be satisfied that there were credible grounds for making an application if so advised.”

WLR Daily, 20th 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.

Westminster City Council v IC (a protected party by his litigation friend) and others – WLR Daily

Posted March 25th, 2008 in conflict of laws, disabled persons, jurisdiction, law reports, marriage by sally

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

“A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. The judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

WLR Daily, 20th 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.

Wakefield Metropolitan District Council v T – WLR Daily

Posted March 25th, 2008 in children, law reports, supervision orders by sally

Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91

“A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum.”

WLR Daily, 20th 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.

B v B – WLR Daily

Posted March 25th, 2008 in divorce, law reports by sally

B v B [2008] EWCA Civ 543; [2008] WLR (D) 90

“In ancillary relief cases the source and origin of assets was one of the factors that had to be taken into account in determining distribution since the primary objectives of the exercise were fairness and an absence of discrimination between the parties.”

WLR Daily, 20th 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.

Halabi (a Bankrupt) v Camden London Borough Council and Another – Times Law Reports

Posted March 25th, 2008 in bankruptcy, jurisdiction, law reports by sally

Halabi (a Bankrupt) v Camden London Borough Council and Another

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th 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.