Omar v Westminster City Council – Times Law Reports

Posted March 25th, 2008 in homelessness, housing, law reports, local government by sally

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

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.

Giles v Rhind and Another (No 2) – Times Law Reports

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

Giles v Rhind and Another (No 2)

Court of Appeal

“The court had power to extend the limitation period where a party, allegedly in breach of duty, had entered into a transaction defrauding creditors.”

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.

Drake v Harbour – Times Law Reports

Posted March 25th, 2008 in causation, law reports, negligence by sally

Drake v Harbour

Court of Appeal

“Where a claimant proved both that a defendant was negligent and that loss ensued which was of a kind likely to have resulted from such negligence, that would ordinarily be enough to enable a court to infer that it was probably so caused, even if the claimant was unable to prove positively the precise mechanism.”

The Times, 24th 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.

EB (Togo) and Another v Secretary of State for the Home Department – Times Law Reports

Posted March 25th, 2008 in delay, deportation, immigration, law reports by sally

EB (Togo) and Another v Secretary of State for the Home Department

Court of Appeal

“Very lengthy delay in processing an application for indefinite leave to remain by a National Health Service employee who had returned to the UK despite a deportation order did not invalidate the order.”

The Times, 24th 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.

Smith (Jean) v Northamptonshire County Council – Times Law Reports

Smith (Jean) v Northamptonshire County Council

Court of Appeal

“A council which had no control over a ramp not on its property was not strictly liable to an employee who was injured on it.”

The Times, 24th 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 20th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

High Court (Chancery Division)

Langston Group Corp v Cardiff City Football Club Ltd [2008] EWHC 535 (Ch) (19 March 2008)

IGT / Acres Gaming Inc, Re [2008] EWHC 568 (Ch) (19 March 2008)

Wilson v Yahoo! UK Ltd & Anor [2008] EWHC 361 (Ch) (20 February 2008)

High Court (Administrative Court)

Tamarevichute v Russian Federation [2008] EWHC 534 (Admin) (19 March 2008)

McLean v The High Court of Dublin, Ireland [2008] EWHC 547 (Admin) (19 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Olumba, R. v [2008] EWCA Crim 408 (20 February 2008)

Court of Appeal (Civil Division)

European Central Bank v Document Security Systems Incorporated [2008] EWCA Civ 192 (19 March 2008)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

T (a child) v Wakefield Metropolitan District Council [2008] EWCA Civ 199 (19 March 2008)

Heath & Hampstead Society, R (on the application of) v Vlachos & Ors [2008] EWCA Civ 193 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

VN (Uganda) v Entry Clearance Officer [2008] EWCA Civ 232 (19 March 2008)

KC & Anor v City of Westminster Social & Community Services Dept. & Anor [2008] EWCA Civ 198 (19 March 2008)

T (Children: Placement Order), Re [2008] EWCA Civ 542 (19 March 2008)

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

High court (Queen’s Bench Division)

Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

Schwarzschild v Harrods Ltd [2008] EWHC 521 (QB) (19 March 2008)

High Court (Chancery Division)

Walker v Kenley & Anor [2008] EWHC 370 (Ch) (29 February 2008)

Oun v Ahmad [2008] EWHC 545 (Ch) (19 March 2008)

High Court (Administrative Court)

Doughty v Ely Magistrates’ Court & Anor [2008] EWHC 522 (Admin) (07 March 2008)

High Court (Commercial Court)

Verizon UK Ltd v Swiftnet Ltd [2008] EWHC 551 (Comm) (19 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ngyuen, R v [2008] EWCA Crim 585 (18 March 2008)

Court of Appeal (Civil Division)

Mayor of London v London Borough of Enfield [2008] EWCA Civ 202 (18 March 2008)

LG (Italy) v Secretary of State for the Home Department [2008] EWCA Civ 190 (18 March 2008)

S v Floyd [2008] EWCA Civ 201 (18 March 2008)

Housden & Anor v The Conservators of Wimbledon and Putney Commons [2008] EWCA Civ 200 (18 March 2008)

Shah & Ors v Colvia Management Co Ltd (includes Order) [2008] EWCA Civ 195 (18 March 2008)

High Court (Chancery Division)

Thunder Air Ltd v Hilmarsson [2008] EWHC 355 (Ch) (17 March 2008)

High Court (Family Division)

McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)

High Court (Commercial Court)

Entico Corporation Ltd v United Nations Educational Scientific and Cultural Association (UNESCO) [2008] EWHC 531 (Comm) (18 March 2008)

High Court (Technology and Construction Court)

London & Regional (St George’s Court) Ltd v Ministry of Defence and Secretary of State for Defence [2008] EWHC 526 (TCC) (18 March 2008)

Source: www.bailii.org

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”

WLR Daily, 18th 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.

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

WLR Daily, 18th 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.

Text of full judgment: Heather Mills v Sir Paul McCartney – The Times

Posted March 18th, 2008 in divorce, law reports by sally

Between : James Paul McCartney Petitioner/Respondent and Heather Anne Mills McCartney Respondent/Applicant

The Times, 18th March 2008

Source: www.timesonline.co.uk

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison – Times Law Reports

Posted March 18th, 2008 in law reports, legislative drafting, sentencing by sally

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison

Court of Appeal

“In the criminal sentencing context, the court could read words into a statutory instrument to correct a drafting omission.”

The Times, 18th 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 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kiely, R. v [2008] EWCA Crim 536 (06 March 2008)

High Court (Chancery Division)

Aribisala v St James’ Homes (Grosvenor Dock) Ltd [2008] EWHC 456 (Ch) (14 March 2008)

NBPF Pension Trustees Ltd. v Warnock-Smith & Anor [2008] EWHC 455 (Ch) (14 March 2008)

High Court (Administrative Court)

Zak v Regional Court of Bydgoszcz Poland [2008] EWHC 470 (Admin) (27 February 2008)

Director of Public Prosecutions v Cooper [2008] EWHC 507 (Admin) (03 March 2008)

Thornhill, R (on the application of) v Uxbridge Magistrates Court [2008] EWHC 508 (Admin) (03 March 2008)

White, R (on the application of) v Crown Court At Blackfriars [2008] EWHC 510 (Admin) (04 March 2008)

Wheeler, R (on the application of) v Assistant Commissioner House of the Metropolitan Police [2008] EWHC 439 (Admin) (28 February 2008)

H, R (on the application of) v Guildford Youth Court [2008] EWHC 506 (Admin) (03 March 2008)

R, R (on the application of) v Special Educational Needs and Disability Tribunal & Anor [2008] EWHC 473 (Admin) (04 March 2008)

High Court (Commercial Court)

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm) (17 March 2008)

High Court (Technology and Construction Court)

London Underground Ltd v Metronet Rail BCV Ltd & Anor [2008] EWHC 502 (TCC) (14 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Khan & Ors v R [2008] EWCA Crim 531 (14 March 2008)

Burgess, R. v [2008] EWCA Crim 516 (08 February 2008)

Court of Appeal (Civil Division)

Manchester City Council v Benjamin [2008] EWCA Civ 189 (13 March 2008)

High Court (Chancery Division)

Experience Hendrix LLC & anor v Times Newspapers Ltd [2008] EWHC 458 (Ch) (11 March 2008)

Stow & Ors v Stow & Ors [2008] EWHC 495 (Ch) (14 March 2008)

Cooper v PRG Powerhouse Ltd & Ors [2008] EWHC 498 (Ch) (14 March 2008)

High Court (Family Division)

Local Authority v M [2008] EWHC 162 (Fam) (31 January 2008)

High Court (Administrative Court)

Buglife (the Invertebrate Conservation Trust), R (on the application of) v Thurrock Thames Gateway Development Corp & Anor [2008] EWHC 475 (Admin) (22 February 2008)

Edwards-Sayer, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 467 (Admin) (13 March 2008)

R, R. (on the application of) [2008] EWHC 469 (Admin) (27 February 2008)

High Court (Technology and Construction Court)

Braes of Doune Wind Farm (Scotland) Ltd v Alfred McaLpine Business Services Ltd [2008] EWHC 426 (TCC) (13 March 2008)

Source: www.bailii.org

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted March 17th, 2008 in damages, law reports, negligence, police by sally

Smith v Chief Constable of Sussex Police

Court of Appeal

“While it was not reasonable to expect the police to answer in damages to every individual whose life or health might have been spared or saved by more competent police work, where someone’s life or safety had been so firmly placed in their hands as to make it incumbent on them to take at least elementary steps to protect it, unexcused neglect to do so could sound in damages if harm resulted. ”

The Times, 17th 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 (Animal Defenders International) v Secretary of State for Culture, Media and Sport – Times Law Reports

Posted March 17th, 2008 in advertising, human rights, law reports, media by sally

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport

House of Lords

“The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. ”

The Times, 17th 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.

Calvert v William Hill Credit Ltd – WLR Daily

Posted March 14th, 2008 in duty of care, gambling, law reports by sally

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87

Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer’s request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect the customer from the risk of gambling losses during the specified period.”

WLR Daily, 12th 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 summary is removed.

Casewell v Secretary of State for Work and Pensions – WLR Daily

Posted March 14th, 2008 in benefits, disabled persons, law reports, social security by sally

Casewell v Secretary of State for Work and Pensions; [2008] WLR (D) 86

A direct payment of carer’s allowance made to a disabled person for securing the provision of care by her husband formed part of the husband’s earnings for the purposes of assessing his entitlement to income support.”

WLR Daily, 12th 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.

R (Rayner) v Secretary of State for Justice – WLR Daily

Posted March 14th, 2008 in human rights, law reports, mental health, tribunals by sally

R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85

The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.”

WLR Daily, 12th 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.

R (Kelly) v Secretary of State for Justice; R (Bailey) v Secretary of State for Justice; R (Gibson) v Governor of Wymott Prison – WLR Daily

Posted March 14th, 2008 in law reports, prisons, probation by sally

R (Kelly) v Secretary of State for Justice; R (Bailey) v Secretary of State for Justice; R (Gibson) v Governor of Wymott Prison [2008] EWCA Civ 177; [2008] WLR (D) 84

Long-term prisoners who had been convicted of offences committed after 29 September 1998 and before 4 April 2005, and who after 4 April 2005 had been released on licence, recalled and then re-released having served three-quarters of their sentences, remained subject to licence conditions for the remainder of their sentences.”

WLR Daily, 12th 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.