Category: law reports

Maye v Director of Public Prosecutions, Northern Ireland – Times Law Reports

Posted February 11th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions, Northern Ireland

House of Lords

“An interest in an unadministered intestate estate and an action for damages for false im-prisonment were both ‘things in action’ and therefore ‘property’ when determining the amount that might be realised for the purpose of a confiscation order.”

The Times, 11th 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.

Ofulue and Another v Bossert – Times Law Reports

Posted February 11th, 2008 in adverse possession, human rights, law reports by sally

Ofulue and Another v Bossert

Court of Appeal

“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th 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. 

Laskar v Laskar – WLR Daily

Posted February 11th, 2008 in cohabitation, law reports, mortgages by sally

Laskar v Laskar; [2008] WLR (D) 39

“The presumption that the legal and beneficial interests of a domestic property conveyed into joint names were, in the absence of an agreement between the parties, joint and equal applied to a family home occupied by cohabitants. The presumption did not apply to commercial properties or to property purchased as an investment even where the purchasers belonged to the same family.”

WLR Daily, 8th 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 (Bradley and others) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 11th, 2008 in government departments, law reports, maladministration, pensions by sally

R (Bradley and others) v Secretary of State for Work and Pensions and others; [2008] WLR (D) 38

“Where the Parliamentary Commissioner had found maladministration in a ministerial department, the Secretary of State, although not bound by the Commissioner’s decision, was not entitled to reject the Commissioner’s finding on the basis that he preferred another view which could not be categorised as irrational.”

WLR Daily, 8th 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.

Betterment Properties (Weymouth) Ltd v Dorset County Council – WLR Daily

Posted February 11th, 2008 in commons, evidence, law reports by sally

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22; [2008] WLR (D) 37

“On an application to the High Court to remove land from the register of town and village greens, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

WLR Daily, 8th 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 (Aweys and others) v Birmingham City Council – WLR Daily

Posted February 11th, 2008 in homelessness, housing, law reports by sally

R (Aweys and others) v Birmingham City Council [2008] EWCA Civ 48; [2008] WLR (D) 36

“In the case of the homeless in priority need it was not lawful, for the purposes of the duty to secure accommodation pursuant to s193 (2) of the Housing Act 1996, for a local housing authority, pending permanent re-housing, to leave those found to be homeless but not on the streets within the very accommodation found to be unsuitable for accommodation.”

WLR Daily, 8th 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 (G) v Chief Constable of West Yorkshire Police – WLR Daily

Posted February 7th, 2008 in detention, law reports, police by sally

R (G) v Chief Constable of West Yorkshire Police [2008] EWCA Civ 28; [2008] WLR (D) 35

“A custody officer who had determined that he had sufficient evidence to charge a suspect with the offence for which he had been arrested had no power to detain the suspect in custody for the purpose of enabling a Crown Prosecutor to decide whether or not the suspect should be charged.”

WLR Daily, 6th 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.

Pilecki v Circuit Court of Legnica, Poland – WLR Daily

Posted February 7th, 2008 in extradition, law reports, sentencing by sally

Pilecki v Circuit Court of Legnica, Poland [2008] UKHL 7; [2008] WLR (D) 34

“The judge, in considering the making of an extradition order under a European arrest warrant in a conviction case where the sentences had been aggregated, was not concerned with the lengths of the individual sentences; it sufficed if the aggregate sentence was of at least four months.”

WLR Daily, 6th 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.

Maye v Director of Public Prosecutions in Northern Ireland – WLR Daily

Posted February 7th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33

“The appellant’s interest in his parents’ unadministered estates and an action by him for damages for false imprisonment were ‘things in action’ and so ‘property’ within the definition in art 3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.”

WLR Daily, 6th 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.

Majorstake Ltd v Curtis – WLR Daily

Posted February 7th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis [2008] UKHL 10; [2008] WLR (D) 32

“For the purposes of s 47(2) of the Leasehold Reform, Housing and Urban Development Act 1993 ‘the premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises. The combination of the tenant’s flat and the flat immediately below it in a block of 50 flats on nine floors did not comprise “the premises” in which the tenant’s flat was contained. The landlord’s proposal to redevelop the two flats into a single unit could not therefore defeat the tenant’s right to acquire a new lease.”

WLR Daily, 6th 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 Clarke; R v McDaid – WLR Daily

Posted February 7th, 2008 in indictments, law reports by sally

R v Clarke; R v McDaid [2008] UKHL 8; [2008] WLR (D) 31

“Where for most of a criminal trial there had been no signed indictment the proceedings had been invalid.”

WLR Daily, 6th 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.

In re Airbase (UK) Ltd; In re Airbase International Services Ltd – WLR Daily

Posted February 7th, 2008 in floating charges, insolvency, law reports by sally

In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch); [2008] WLR (D) 30

“The provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”

WLR Daily, 6th 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.

Regins v Clarke Regina v McDaid – Times Law Reports

Posted February 7th, 2008 in indictments, law reports by sally

Regina v Clarke; Regina v McDaid

House of Lords

“Where there had been no signed indictment during most of a criminal trial, the proceedings were invalid.”

The Times, 7th 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.

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th 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 (Walker) v Secretary of State for Justice – WLR Daily

Posted February 6th, 2008 in law reports, parole, prisons, rehabilitation by sally

R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28

“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”

WLR Daily, 5th 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.

In re Trinity Mirror plc and others – WLR Daily

Posted February 6th, 2008 in anonymity, injunctions, law reports, media by sally

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th 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 (Brooke and another) v Parole Board and another – WLR Daily

Posted February 6th, 2008 in human rights, law reports, parole by sally

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th 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 6th, 2008 in law reports by sally

Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 7 (6 February 2008)

R v Clarke (Appellant) (On Appeal from the Court of Appeal (Criminal Division))R v McDaid (Appellant) (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals) [2008] UKHL 8 (6 February 2008)

In re Maye (AP) (Appellant) (Northern Ireland) [2008] UKHL 9 (6 February 2008)

Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 (6 February 2008)

Source: www.parliament.uk

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd – Times Law Reports

Posted February 6th, 2008 in law reports, noise, nuisance by sally

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd

Chancery Division

“An obligation to use all reasonable endeavours was equated with an obligation to use best endeavours which was more onerous than an obligation to use reasonable endeavours. ”

The Times, 6th 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 (Walker (David)) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2008 in law reports, parole, sentencing by sally

Regina (Walker (David)) v Secretary of State for Justice; Regina (James (Brett)) v Same

Court of Appeal

“The Secretary of State for Justice acted unlawfully in failing to let prisoners serving indeterminate sentences for public protection show the Parole Board by the expiry of their minimum terms that it was no longer necessary to confine them.”

The Times, 6th 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.