Category: law reports

Welsh Ministers v Care Standards Tribunal and Another – Times Law Reports

Posted February 29th, 2008 in care homes, law reports, tribunals by sally

Welsh Ministers v Care Standards Tribunal and Another

Queen’s Bench Division

“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”

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.

R (M) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 28th, 2008 in children, housing, law reports, social services by sally

R (M) v Hammersmith and Fulham London Borough Council [2008] UKHL 14; WLR (D) 64

“A child who had been provided with accommodation by the housing department of a local authority but had not been brought to the attention of their children’s services department had not been ‘looked after’ under s 22(1) of the Children Act 1989 and was accordingly not entitled, having reached 18, to support under the Act as a ‘former relevant child’.”

WLR Daily, 27th 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.

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG – WLR Daily

Posted February 28th, 2008 in assisted reproduction, law reports, pregnancy, sex discrimination, unfair dismissal by sally

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG (Case C-506/06): WLR (D) 63

“An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of pregnant workers, but her dismissal was unlawful under Directive 76/207 on equal treatment for men and women in employment matters if it was essentially based on the fact that she was undergoing in vitro fertilisation treatment.”

WLR Daily, 27th 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.

Corr v IBC Vehicles Ltd – WLR Daily

Posted February 28th, 2008 in industrial injuries, law reports, negligence, suicide by sally

Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62

“Where the deceased’s suicide had been the direct result of a depressive illness from which he had been suffering, which had been the direct and foreseeable consequence of an accident for which his employer was liable, his widow was entitled to claim damages under s 1 of the Fatal Accidents Act 1976. No reduction should be made for contributory negligence.”

WLR Daily, 27th 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 28th, 2008 in law reports by sally

Corr (Administratix of The Estate of Thomas Corr (Deceased)) v Ibc Vehicles Limited, Appellate Committee [2008] UKHL 13 (27 February 2008)

R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee [2008] UKHL 14 (27 February 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted February 28th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Front Ace, Owners of the Ship v Vicky 1, Owners of the Ship [2008] EWCA Civ 101 (26 February 2008)

FK (Kenya) v Secretary of State for the Home Department [2008] EWCA Civ 119 (26 February 2008)

Court of Appeal (Criminal Division)

W Stevenson & Sons (A Partnership)& Anor v R [2008] EWCA Crim 273 (25 February 2008)

High Court (Queen’s Bench Division)

Telles v South West Strategic Health Authority [2008] EWHC 292 (QB) (26 February 2008)

High Court (Chancery Division)

Dartmouth Court Blackheath Ltd v Berisworth Ltd [2008] EWHC 350 (Ch) (27 February 2008)

Hanchett-Stamford v Attorney General & Ors [2008] EWHC 330 (Ch) (27 February 2008)

High Court (Technology and Construction Court)

Landfast (Anglia) Ltd. v Cameron Taylor One Ltd [2008] EWHC 343 (TCC) (26 February 2008)

Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) (27 February 2008)

Source: www.bailii.org

Corr v IBC Vehicles Ltd – Times Law Reports

Posted February 28th, 2008 in law reports by sally

Corr v IBC Vehicles Ltd

House of Lords

“A widow was entitled to damages in respect of her husband’s suicide where that had been the direct result of a depressive illness from which he had suffered as the direct and foreseeable consequence of an accident for which his employer had been responsible. ”

The Times, 28th 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 (Aweys and Others) v Birmingham City Council – Times Law Report

Posted February 27th, 2008 in law reports by sally

Regina (Aweys and Others) v Birmingham City Council

Court of Appeal

“A housing authority acted unlawfully when persons unintentionally homeless and in priority need, but unsuitably accommodated rather than on the streets, were left in the same accommodation pending permanent re-housing.”

The Times, 27th 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.

Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs – Times Law Reports

Posted February 27th, 2008 in law reports by sally

Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs

Court of Appeal

“Where the United Kingdom had not levied corporation tax on the dividend paid by a UK subsidiary to a parent resident in The Netherlands or Italy, the UK tax authorities would not assume responsibility for eliminating double taxation.”

The Times, 27th 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.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th 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 W Stevenson & Sons (A Partnership) – WLR Daily

Posted February 27th, 2008 in criminal responsibility, law reports, partnerships by sally

R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60

“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 personal assets of the partners on the basis of the partnership’s conviction.”

WLR Daily, 26th 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.

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted February 26th, 2008 in animals, environmental protection, law reports, planning by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn; WLR (D) 59

“In considering the tension between the purposes of s136 of the Local Government Planning and Land Act 1980 (bringing land into effective use) and s40 of the Natural Environment Act 2000 (conserving biodiversity) a benevolent construction should be given to planning decisions and, where a claimant contended that a decision was procedurally flawed, it was right to look behind the words used and see what had in substance been decided.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

House of Lords Judgments: What’s new?

Posted February 26th, 2008 in law reports by sally

Scottish & Newcastle International Limited (Respondents) v Othon Ghalanos Limited (a company incorporated in Cyprus) (Appellants) [2008] UKHL 11 (20 February 2008)

Reinwood Limited (Respondents) v L Brown & Sons Limited (Appellants) [2008] UKHL 12 (20 February 2008)

Source: www.parliament.uk

Airbus UK Ltd v Webb – Times Law Reports

Posted February 26th, 2008 in disciplinary procedures, dismissal, law reports, time limits, tribunals by sally

Airbus UK Ltd v Webb

Court of Appeal

“An employment tribunal was entitled to find that an employee’s dismissal for misconduct was fair, even though the employer, in his response to the reason for the dismissal, had taken account of previous similar misconduct which was the subject of an expired final warning.”

The Times, 26th 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 (SK) (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted February 26th, 2008 in asylum, damages, deportation, false imprisonment, law reports by sally

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department

Queen’s Bench Division

“A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. His detention had been arbitrary and unlawful and contrary to the right to liberty enshrined in article 5 of the European Convention on Human Rights.”

The Times, 26th 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.

R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party – WLR Daily

Posted February 25th, 2008 in immigration, judicial review, law reports by sally

R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party [2008] EWCA Civ 100; [2008] WLR (D) 57

“Where a statutory review of an immigration appeal mistakenly went ahead before a judicial review application establishing a good arguable case had been heard resulting in a final determination, that determination should be set aside and the judicial review proceed.”

WLR Daily, 22nd 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.

Davis and Another v Spain – Times Law Reports

Posted February 25th, 2008 in extradition, law reports by sally

Davis and Another v Spain

Queen’s Bench Divisional Court

“Delay caused by an accused’s departure from a foreign state for reasons unconnected with an extradition request did not automatically disqualify him from relying on oppression caused by the passage of time to contest his extradition.”

The Times, 25th 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 (George Wimpey UK Ltd) v Tewkesbury Borough Council – Times Law Reports

Posted February 25th, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

Court of Appeal

“The Court of Appeal had power to grant permission to appeal to a party who had not been in the case at first instance.”

The Times, 25th 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 (Bradley and Others) v Secretary of State for Work and Pensions and Others – Times Law Reports

Posted February 25th, 2008 in government departments, law reports, maladministration, pensions by sally

Regina (Bradley and Others) v Secretary of State for Work and Pensions and Others

Court of Appeal

“Where the Parliament Commissioner for Administration had found maladministration in a ministerial department, the minister was not entitled to reject that finding without good reason.”

The Times, 25th 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.