Category: law reports

Regina (Gentle and Another) v Prime Minister and Others – Times Law Reports

Posted April 10th, 2008 in law reports by sally

Regina (Gentle and Another) v Prime Minister and Others

House of Lords

“The British Government did not owe a duty to British troops and their families, under article 2 of the European Convention on Human Rights, to hold a public inquiry into whether it had obtained adequate legal advice on the legality in international law of the invasion of Iraq before the invasion.”

The Times, 10th 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 (Tabernacle) v Secretary of State for Defence – Times Law Reports

Posted April 9th, 2008 in demonstrations, law reports by sally

Regina (Tabernacle) v Secretary of State for Defence

Queen’s Bench Divisional Court

“A ban on innocuous activities on publicly accessible land owned by the Ministry of Defence was unlawful.”

The Times, 9th 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.

Johnson v Director of Public Prosecutions – Times Law Reports

Posted April 9th, 2008 in law reports by sally

Johnson v Director of Public Prosecutions

Queen’s Bench Divisional Court

“Threatening, abusive or insulting words or behaviour accompanied by hostility, based partly on the victim’s presumed membership of a racial group, was a sufficient evidential basis for a charge of a racially aggravated offence, even if that hostility was also based partly on the victim’s duties as a parking attendant.”

The Times, 9th 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.

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – Times Law Reports

Posted April 9th, 2008 in law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi

Queen’s Bench Division

“Banking rules relating to international cheque collections created no privity of contract between the principal and the collecting bank.”

The Times, 9th 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 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

McNeill, R. v [2008] EWCA Crim 553 (27 February 2008)

Court of Appeal (Civil Division)

Mamki, R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 307 (08 April 2008)

High Court (Queen’s Bench Division)

Gentoo Group Ltd & Anor v Hanratty [2008] EWHC 627 (QB) (07 April 2008)

High Court (Administrative Court)

The Mayor of London, R (on the application of) v First Secretary of State [2008] EWHC 631 (Admin) (07 April 2008)

Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) (08 April 2008)

HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 664 (Admin) (08 April 2008)

Source: www.bailii.org

Masri v Consolidated Contractors International UK Ltd and others (No 2) – WLR Daily

Posted April 8th, 2008 in execution, foreign jurisdictions, judgments, law reports, receivers by sally

Masri v Consolidated Contractors International UK Ltd and others (No 2) [2008] EWCA Civ 303; [2008] WLR (D) 97

“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

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

Whitehead and another v Hibbert Pownall & Newton ( a firm) – WLR Daily

Posted April 8th, 2008 in damages, law reports, negligence, solicitors by sally

Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96

“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

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

R v R (Video Recording: Admissibility) – WLR Daily

Posted April 8th, 2008 in evidence, law reports, video recordings by sally

R v R (Video Recording: Admissibility) [2008] EWCA Crim 678; [2008] WLR (D) 95

“A video recording of an interview given had been was properly admitted as evidence in chief at a criminal trial pursuant to a special measures direction made under s27 of the Youth Justice and Criminal Evidence Act 1999, notwithstanding that no notification had been given by the Secretary of State under s18(2) of the Act that such measures were available.”

WLR Daily, 7th April 2008

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted April 8th, 2008 in law reports by sally

High Court (Administrative Court)

British Medical Association, & Anor R (on the application of) v Secretary of State for Health [2008] EWHC 599 (Admin) (13 March 2008)

Slivka v District Court of Prague [2008] EWHC 595 (Admin) (12 March 2008)

Secretary of State for Justice, R (on the application of) v Mental Health Review Tribunal & Anor [2008] EWHC 598 (Admin) (05 March 2008)

D, R (on the application of) v Sheffield Youth Court [2008] EWHC 601 (Admin) (06 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Rochester, R v [2008] EWCA Crim 678 (04 April 2008)

Court of Appeal (Civil Division)

Brooker & Anor v Fisher [2008] EWCA Civ 287 (04 April 2008)

Masri v Consolidated Contractors International Company SAL & Anor [2008] EWCA Civ 303 (04 April 2008)

High Court (Chancery Division)

Fashoff (UK) Ltd (t/a Moschino Forall Confezioni Spa) v Linton & Anor [2008] EWHC 537 (Ch) (19 March 2008)

Pipe & Ors v Revenue & Customs [2008] EWHC 646 (Ch) (04 April 2008)

High Court (Family Division)

London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam) (03 April 2008)

High Court (Commercial Court)

Tsavliris Salvage (International) Ltd v The Grain Board of Iraq [2008] EWHC 612 (Comm) (01 April 2008)

Source: www.bailii.org

In re S (Care Proceedings: Assessment of risk) – Times Law Reports

Posted April 7th, 2008 in law reports by sally

In re S (Care Proceedings: Assessment of risk)

Court of Appeal

“Local authorities should not introduce in care proceedings, and send to experts, material which was unfair because it was purely prejudicial.”

The Times, 7th 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 v Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill – Times Law Reports

Posted April 7th, 2008 in law reports by sally

Regina v Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill

Court of Appeal (Criminal Division)

“It was essential that trial judges should be aware at the stage of jury selection if any potential juror was, or had been a police officer or a member of the prosecuting authority or was a serving prison officer.”

The Times, 7th 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.

Gemma Ltd (in liquidation) v Davies and Another – Times Law Reports

Posted April 4th, 2008 in company directors, law reports, misfeasance by sally

Gemma Ltd (in liquidation) v Davies and Another

Chancery Division

“In order to establish that a person was a de facto director of a company when deciding whether she was guilty of any misfeasance in relation to the company, it was not enough that she held herself out as a director since what mattered was not what she called herself but what she did.”

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.

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.