Expandable Ltd and Others v Rubin – Times Law Reports

Posted March 10th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and Others v Rubin

Court of Appeal

“The mention of a document in a witness statement did not constitute an automatic waiver of legal professional privilege so as entitle the other party to inspection of it.”

The Times, 10th 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.

Piggott v Director of Public Prosecutions – Times Law Reports

Posted March 10th, 2008 in law reports, road traffic by sally

Piggott v Director of Public Prosecutions

Queen’s Bench Divisional Court

“While there was no obligation on a driver, asked to provide a specimen of breath for analysis, to declare a medical condition which might make it difficult or impossible for her to meet that requirement, in some cases that might be regarded as a refusal to do so.”

The Times, 10th 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.

Breakspear and Others v Ackland and Another – Times Law Reports

Posted March 10th, 2008 in confidentiality, law reports, trusts by sally

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th 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.

Legal Services Commission v Rasool – WLR Daily

Posted March 7th, 2008 in costs, law reports, legal aid, limitations by sally

Legal Services Commission v Rasool [2008] EWCA Civ 154; WLR (D) 75

For the purposes of limitation and ascertaining the date of accrual of a cause of action permitting the Legal Services Commission to recover costs following revocation of a legal aid certificate, it was not a condition precedent that the quantum of any such costs should first be established before time started to run.”

WLR Daily, 6th 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.

Regina (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2) – Times Law Reports

Posted March 7th, 2008 in immigration, judicial review, law reports by sally

Regina (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2)

Court of Appeal

“Where a listing mistake meant a statutory review of an immigration appeal went ahead, resulting in a final determination, before a judicial review application had been heard, the judicial review should be heard and the final determination set aside; otherwise the applicant would suffer serious injustice for which there was no other remedy.”

The Times, 7th 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 v Rose (Kevin) – Times Law Reports

Posted March 6th, 2008 in law reports, proceeds of crime, valuation by sally

Regina v Rose (Kevin)

Court of Appeal (Criminal Division)

“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”

The Times, 6th 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 v Marchese – Times Law Reports

Posted March 6th, 2008 in indictments, law reports by sally

Regina v Marchese

Court of Appeal (Criminal Division)

“The fact that a count in an indictment was duplicitous would not lead to the quashing of a conviction if, on the facts, the duplicity had not caused any injustice to the defendant. ”

The Times, 6th 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.

Birkdale School, Sheffield v Revenue and Customs Commissioners – WLR Daily

Posted March 6th, 2008 in education, fees, law reports, VAT by sally

Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch); WLR (D) 74

“Value added tax was not payable by independent schools on charges made to parents for participation in optional fees refund arrangements. There was a single supply of educational services to parents when they participated in such schemes.”

WLR Daily, 5th 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.

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) – WLR Daily

Posted March 6th, 2008 in bona vacantia, law reports, unincorporated associations by sally

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73

“The assets of an unincorporated association, which was not a charity and which had ceased to exist due to the fall in its membership to below two, did not pass to the Crown as bona vacantia but vested in the sole surviving member of the association.”

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

Court of Appeal (Civil Division)

Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)

Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)

Shrewsbury & Atcham Borough Council & Anor v Secretary of State for Communities & Local Government & Anor [2008] EWCA Civ 148 (04 March 2008)

Shrewsbury & Atcham Borough Council & Anor v Secretary of State for Communities & Local Government & Anor [2008] EWCA Civ 148 (04 March 2008)

Court of Appeal (Criminal Division)

Kirk v R [2008] EWCA Crim 434 (04 March 2008)

Source: www.bailii.org

GAB Robins (UK) Ltd v Triggs – Times Law Reports

Posted March 5th, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs

Court of Appeal

“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”

The Times, 5th 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 v W. Stevenson & Sons (a Partnership) – Times Law Reports

Posted March 5th, 2008 in criminal responsibility, law reports, partnerships by sally

Regina v W. Stevenson & Sons (a Partnership)

Court of Appeal (Criminal Division)

“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”

The Times, 5th 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.

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same – WLR Daily

Posted March 4th, 2008 in contracts, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69

“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”

WLR Daily, 3rd 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.

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health – WLR Daily

Posted March 4th, 2008 in advertising, EC law, food, labelling, law reports by sally

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68

“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”

WLR Daily, 3rd 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.

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another – WLR Daily

Posted March 4th, 2008 in appeals, immigration, law reports by sally

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149; WLR (D) 67

“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”

WLR Daily, 3rd 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.

Marchant v Dixon – Times Law Reports

Posted March 4th, 2008 in divorce, law reports by sally

Marchant v Dixon

Court of Appeal

“The remarriage of a former wife soon after the making of a consent order as to financial arrangements in a divorce settlement did not necessarily invalidate that order. ”

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

Court of Appeal (Civil Division)

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141 (28 February 2008)

Giles v Rhind [2008] EWCA Civ 118 (28 February 2008)

Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm) [2008] EWCA Civ 84 (28 February 2008)

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008)

AS (Somalia) & Anor v Entry Clearance Officer, Addis Ababa & Anor [2008] EWCA Civ 149 (29 February 2008)

Wasa International Insurance Company Ltd. v Lexington Insurance Company [2008] EWCA Civ 150 (29 February 2008)

Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 (29 February 2008)

Olafsson v Gissurarson [2008] EWCA Civ 152 (03 March 2008)

Court of Appeal (Criminal Division)

Cockburn, R v [2008] EWCA Crim 316 (28 February 2008)

R v R [2008] EWCA Crim 370 (29 February 2008)

High Court (Queen’s Bench Division)

Kurtha v Marks [2008] EWHC 336 (QB) (27 February 2008)

Caudle v Ld Law Ltd. [2008] EWHC 374 (QB) (29 February 2008)

High Court (Administrative Court)

Asghar & Co Solicitors, R (on the application of) v The Law Society [2008] EWHC 342 (Admin) (27 February 2008)

Secretary of State for the Home Department v AN [2008] EWHC 372 (Admin) (29 February 2008)

Privy Council

Pitman v. The State (Trinidad And Tobago) [2008] UKPC 16 (3 March 2008)

Knight v. Attorney General of the Cayman Islands (Cayman Islands) [2008] UKPC 14 (25 February 2008)

Source: www.bailii.org

Regina (M) v Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 3rd, 2008 in children, housing, law reports, social services by sally

Regina (M) v Hammersmith and Fulham London Borough Council

House of Lords

“Where a child had been provided with accommodation by a local authority’s housing department but had not come to the attention of its children’s services department, she was not entitled to further council support in her own right.”

The Times, 3rd 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.

Allison v London Underground Ltd – Times Law Reports

Posted February 29th, 2008 in employment, health & safety, law reports, personal injuries by sally

Allison v London Underground Ltd

Court of Appeal

“The statutory requirement for an employer to provide adequate training for its employees imposed a higher duty than the common law duty which incorporated reasonable foreseeability; the statutory test was what training was needed in the light of what the employer ought to have known about the risks from the activities of its business.”

The Times, 29th February 2008

Source: www.timesonline.co.uk

Pleae note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Cinpres Gas Injection Ltd v Melea Ltd – Times Law Reports

Posted February 29th, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal

“Perjury by a witness who had common cause with one of the parties in proceedings could be sufficient to have the judgment set aside as having been obtained by fraud.”

The Times, 29th 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.