Regina v Cockburn – Times Law Reports

Posted March 14th, 2008 in grievous bodily harm, law reports, setting traps by sally

Regina v Cockburn

Court of Appeal, Criminal Division

“An anti-intruder device driven by gravity and triggered by pressure on a wire was capable of amounting to an engine calculated to inflict grievous bodily harm, under the Offences against the Person Act 1861.”

The Times, 14th March 2008

Source: www.timesonline.co.uk

Norris v Government of the United States of America – Times Law Reports

Posted March 14th, 2008 in extradition, law reports, price fixing by sally

Norris v Government of the United States of America

House of Lords

“A person could not be extradited to the United States of America to stand trial on charges brought under US legislation which declared cartels to be illegal, to stand trial for price-fixing offences alleged to have been committed from 1989 to 2000 because during that period price-fixing agreements and cartels were not illegal under English law, unless there were other aggravating features such as dishonesty or deception.”

The Times, 14th 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 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Chartbrook Ltd v Persimmon Homes Ltd [2008] EWCA Civ 183 (12 March 2008)

Furniss v Firth Brown Tools Ltd [2008] EWCA Civ 182 (12 March 2008)

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184 (12 March 2008)

Kelly & Ors R. (On the Applications of) v Secretary of State for Justice [2008] EWCA Civ 177 (12 March 2008)

RHJ Ltd v FT Patten (Holdings) Ltd & Anor [2008] EWCA Civ 151 (12 March 2008)

Secretary of State for Justice v Rayner [2008] EWCA Civ 176 (12 March 2008)

High Court (Chancery Division)

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch) (12 March 2008)

Source: www.bailii.org

Smith v Northamptonshire County Council – WLR Daily

Posted March 13th, 2008 in health & safety, law reports, personal injuries by sally

Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83

“An employer had no responsibility to maintain a ramp on which its employee was injured which was installed by a third party on premises of a third party and over which it had no control.”

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.

Emmott v Michael Wilson & Partners Ltd – WLR Daily

Posted March 13th, 2008 in arbitration, confidentiality, disclosure, law reports by sally

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82

“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”

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.

Norris v Government of the United States of America – WLR Daily

Posted March 13th, 2008 in extradition, law reports, price fixing by sally

Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81

“During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003.”

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.

Revenue and Customs Comrs v Total Network SL – WLR Daily

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Comrs v Total Network SL [2008] UKHL 19; WLR (D) 80

“No intention that the Revenue and Customs Commissioners should be barred from recovering damages for conspiracy in the form of a carousel fraud was to be attributed to the legislature in the enactment of the scheme in the Value Added Tax Act 1994. Criminal conduct could constitute unlawful means and be actionable as conspiracy whether or not it would be separately actionable if committed by an individual.”

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 (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

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.

Revenue and Customs Commissioners v Total Network SL – Times Law Reports

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Commissioners v Total Network SL

House of Lords

“Nothing in the Value Added Tax 1994 prevented the Revenue and Customs Commissioners from recovering damages for conspiracy against a participant in a carousel fraud; criminal conduct was actionable as conspiracy whether or not it would be actionable as a separate tort if committed by an individual.”

The Times, 13th 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.

House of Lords Judgments: What’s new?

Posted March 12th, 2008 in law reports by sally

R (On The Application of Animal Defenders International) V Secretary of State For Culture, Media and Sport (Respondent) [2008] UKHL 15 (12 March 2008)

Norris (Appellant) v Judgments – Government of the United States of America and others (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 16 (12 March 2008)

Brit Syndicates Limited for and on behalf of Brit Syndicate 2987 at Lloyd’s for the 2003 year of account and others (Respondents)v Italaudit SpA (in liquidation) (formerly Grant Thornton SpA) and others (Appellants) [2008] UKHL 18 (12 March 2008)

Total Network SL (a company incorporated in Spain) (Original Respondents and Cross-appellants) v Her Majesty’s Revenue and Customs (suing as Commissioners of Customs and Excise) (Original Appellants and Cross-respondents) [2008] UKHL 19 (12 March 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted March 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)

XZ (Russia) & Anor v Secretary of State for the Home Department [2008] EWCA Civ 180 (11 March 2008)

Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)

McKenny & Anor v Foster (t/a Foster Partnership) [2008] EWCA Civ 173 (06 March 2008)

High Court (Family Division)

PD v MD [2008] EWHC 403 (Fam) (03 March 2008)

High Court (Administrative Court)

D and B v Commissioner of Police for the Metropolis & Ors [2008] EWHC 442 (Admin) (14 February 2008)

Director of Public Prosecutions v Cove [2008] EWHC 441 (Admin) (14 February 2008)

HBH, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 446 (Admin) (15 February 2008)

JR Cussons & Son v Secretary of State for Communities and Local Government & Anor [2008] EWHC 443 (Admin) (20 February 2008)

Park Pharmacy Trust, R (on the application of) v Plymouth City Council & Anor [2008] EWHC 445 (Admin) (20 February 2008)

Bridgewood Rochester Ltd v Secretary of State for Communities and Local Government [2008] EWHC 405 (Admin) (26 February 2008)

Source: www.bailii.org

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports

Posted March 12th, 2008 in law reports, pensions, trusts by sally

Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

Chancery Division

“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”

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.

Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06 – Times Law Reports

Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06

Court of Justice of the European Communities

“The dismissal of a female employee when her ova had been fertilised in an in vitro procedure but had not yet been transferred into her uterus was not prohibited by the Community directive on the safety and health of pregnant workers, but was prohibited by the equal treatment directive it if was established that the dismissal was based on the fact that she had undergone in vitro fertilisation.”

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.

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