law reports – Page 338 – Current Awareness

“The Parole Board’s relationship with the executive was such that it did not have the independence required when determining whether convicted prisoners should remain in prison or be released on licence.”

The Times, 5th 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.

Martin v Triggs Turner Barton (a Firm) and Others – Times Law Reports

Posted February 5th, 2008 in civil procedure rules, disclosure, law reports by sally

Martin v Triggs Turner Barton (a Firm) and Others

“The court was entitled to make an order to ensure that specific disclosure was carried out properly.”

The Times, 5th 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.

Gloucestershire County Council v Evans and others – WLR Daily

Posted February 4th, 2008 in costs, fees, law reports, solicitors by sally

Gloucestershire County Council v Evans and others: [2008] EWCA Civ 21; [2008] WLR (D) 25

“A conditional fee agreement which provided for payment of a basic rate of £95 per hour, with an enhancement first to £145 per hour as the basic charge on winning the case, and then to £290 per hour, in the event of success for risk element was not contrary s 58(4)(b) of the Courts and Legal Services Act 1990 and art 4 of the Conditional Fee Agreements Order 2000 and was therefore enforceable.”

WLR Daily, 1st 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.

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham – WLR Daily

Posted February 4th, 2008 in agency, contracts, law reports, remuneration by sally

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [2008] EWCA Civ 26; [2008] WLR (D) 24

“As in the case of a seller’s agent, where the remuneration of a property buyer’s agent was a commission on exchange of contracts, then unless the agency contract indicated otherwise, a term was to be implied that he was not entitled to such commission unless his services were the effective cause of the transaction brought about. However, no such term was to be implied in the present case as it would be inconsistent with the express terms of the contract between the buyer’s agent and the buyer.”

WLR Daily, 1st 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.

Boss Holdings Ltd v Grosvenor West End Properties and Another – Times Law Reports

Posted February 4th, 2008 in landlord & tenant, law reports by sally

Boss Holdings Ltd v Grosvenor West End Properties and Another

House of Lords

“A property was a house, which a leaseholder was entitled to acquire, if it had been designed for living in when it was first built and the structure remained substantially the same, even if it had subsequently become internally dilapidated and incapable of beneficial occupation.”

The Times, 4th 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.

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) – WLR Daily

Posted February 1st, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

George Wimpey UK Ltd v Tewkesbury Borough Council (MA Holdings Ltd, prospective appellant) [2008] EWCA Civ 12; [2008] WLR (D) 23

“The Court of Appeal had jurisdiction to entertain an application by, and to grant permission to, someone who had not been a party to the proceedings in the court below, to enable them to appeal against the decision of the court below. The word “appellant” as defined in CPR Pt 52 did not exclude someone who had not been a party to the proceedings below and the rule should be interpreted in order to meet the overriding objective of enabling the court to deal with cases justly.”

WLR Daily, 31st January 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.

Ofulue and another v Bossert – WLR Daily

Posted February 1st, 2008 in adverse possession, human rights, law reports by sally

Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22

“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st January 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.

Glaxo Group Ltd v Genentech Inc and another – WLR Daily

Posted February 1st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23; [2008] WLR (D) 21

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the Convention under which the EPO was established.”

WLR Daily, 31st January 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.

A v Hoare; X and another v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6; [2008] WLR (D) 20

“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”

WLR Daily, 31st January 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.

Cinpres Gas Injection Ltd v Melea Ltd – WLR Daily

Posted February 1st, 2008 in law reports, patents, perjury, res judicata by sally

Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9; [2008] WLR (D) 19

“Where an inventor who gave perjured evidence at the trial of his employer’s application for a patent had been more than a mere witness in those proceedings, his fraud should be treated as his employer’s fraud for the purposes of the fraud exception to the doctrine of res judicata.”

WLR Daily, 31st January 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.

Hilali v Governor of Whitemoor Prison – Times Law Reports

Posted February 1st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison

House of Lords

“Where there was a right of appeal under Part 1 of the Extradition Act 2003 to appeal against an extradition order, habeas corpus was excluded by section 34; it would be contrary to the principle of mutual recognition to which the Act gave effect to grant habeas corpus on the ground of a change of circumstances.”

The Times, 1st 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.

Hall and Others v Stone – Times Law Reports

Posted February 1st, 2008 in costs, damages, law reports by sally

Hall and Others v Stone

Court of Appeal

The fact that a successful claimant had not been awarded the whole amount of damages he sought did not mean that the defendant had partially succeeded and the judge could not reduce the claimant’s costs.

The Times, 1st 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.

Hilali v Governor of Whitemoor Prison and another – WLR Daily

Posted January 31st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison and another [2008] UKHL 3; [2008] WLR (D) 18

“In a case where there was a right of appeal under Pt 1 of the Extradition Act 2003 from a judge’s decision to make an extradition order, habeas corpus was excluded by s 34. To grant it on the ground of a fundamental change of circumstances would be contrary to the principle of mutual recognition given effect by the Act.”

WLR Daily, 30th January 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.

GAB Robins (UK) Ltd v Triggs – WLR Daily

Posted January 31st, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs [2008] EWCA Civ 17; [2008] WLR (D) 17

“An employee who had been constructively dismissed was not entitled in proceedings for unfair dismissal to claim damages for the consequences prior to the dismissal of the employer’s repudiatory breach of the employment contract. It was the employee’s acceptance, by her resignation, of the employer’s repudiation of the contract which caused the dismissal, not the repudiatory conduct itself.”

WLR Daily, 30th January 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.

Boss Holdings Ltd v Grosvenor West End Properties and another – WLR Daily

Posted January 31st, 2008 in landlord & tenant, law reports by sally

Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16

“A property which had been ‘designed … for living in’ when it was originally built, and which remained substantially so designed, was a ‘house’ within the meaning of s 2(1) of the Leasehold Reform Act 1967 regardless of whether it had subsequently become internally dilapidated and incapable of immediate residential occupation.”

WLR Daily, 30th January 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 January 31st, 2008 in law reports by sally

In Re Hilali (Respondent) (application for a writ of Habeas Corpus) [2008] UKHL 3 (30 January 2008)

In re Duffy (FC) (Appellant) (Northern Ireland) [2008] UKHL 4 (30 January 2008)

Boss Holdings Limited (Appellants) v Grosvenor West End Properties and others (Respondents) [2008] UKHL 5 (30 January 2008)

A (Appellant) v Hoare (Respondent), C (FC) (Appellant) v Middlesbrough Council (Respondents), X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents) (Conjoined Appeals), H (FC) (Appellant v Suffolk County Council (Respondents),Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents) [2007] UKHL 6 (30 January 2008)

Source: www.parliament.uk

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 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.

Thompstone v Tameside and Glossop Acute Services NHS Trust – Times Law Reports

Posted January 30th, 2008 in law reports, periodical payments, personal injuries by sally

Thompstone v Tameside and Glossop Acute Services NHS Trust
Corbett v South Yorkshire Strategic Health Authority
RH v United Bristol Healthcare NHS Trust
De Haas v South West London Strategic Health Authority

Court of Appeal

“Where a court made a periodical payments order for a claimant in proceedings involving catastrophic injury in the context of future care, of which the main element was the wages of the carers, the annual earnings survey published for care assistants and home carers was the more appropriate and usable index than the retail price index.”

The Times, 30th January 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.