Category: law reports
BAILII: Recent Decisions
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
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
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
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
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
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
“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
“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.
Airbus UK Ltd v Webb – Times Law Reports
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
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
“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
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
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
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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20February 2008)
Roberts v Crown Estate Commissioners [2008] EWCA Civ 98 (20 February 2008)
Boehringer Ingelheim KG & Anor v Swingward Ltd [2008] EWCA Civ 83 (21 February 2008)
G (A Child), Re [2008] EWCA Civ 105 (21 February 2008)
KK (A Child), Re [2008] EWCA Civ 103 (21 February 2008)
Court of Appeal Criminal Division
CPS Nottinghamshire v Rose [2008] EWCA Crim 239 (21 February 2008)
High Court (Administrative Court)
High Court (Chancery Division)
National Westminster Bank Plc v King [2008] EWHC 280 (Ch) (20 February 2008)
High Court (Commercial Court)
Curtis & Anor v Lockheed Martin UK Holdings Ltd [2008] EWHC 260 (Comm) (20 February 2008)
Breakspear and others v Ackland and Another – WLR daily
Breakspear and others v Ackland and another [2008] EWHC 220 (Ch); [2008] WLR (D) 52
“Generally the confidence which ordinarily attached to a wish letter was such that, for the better discharge of their confidential functions, the trustees need not disclose it to beneficiaries merely because they requested it unless, in their view, disclosure was in the interests of the sound administration of the trust, and the discharge of their powers and discretions.”
WLR Daily, 20th 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.
Glaxo Group Ltd v Genentech Inc and Another – Times Law Reports
Glaxo Group Ltd v Genentech Inc and Another
Court of Appeal
“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 European Patent Convention.”
The Times, 21st 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 (G) v Chief Constable of West Yorkshire Police – Times Law Reports
Regina (G) v Chief Constable of West Yorkshire Police
Court of Appeal
“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.”
The Times, 21st 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.
