Category: law reports

S v Director of Public Prosecutions – WLR Daily

Posted February 15th, 2008 in harassment, law reports, public order by sally

S v Director of Public Prosecutions

“The offence under section 4A(1)(b) of the Public Order Act 1986 of displaying, with intent to cause a person harassment, alarm or distress, a visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress, may be established even where the harassment, alarm or distress crystallises only at the date several months after the act of displaying and at the instance of action by a police officer.”

WLR Daily, 14th 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.

Seaga v Harper – Times Law Reports

Posted February 15th, 2008 in defamation, law reports, privilege, public interest by sally

Seaga v Harper

Privy Council

“The defence of qualified privilege established in Reynolds v Times Newspapers Ltd ([2001] 2 AC 127) was available not only to the press and broadcasting media but could also extend to the publication by any person of material of public interest.”

The Times, 15th 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 v Zafar; Regina v Malik; Regina v Raja; Regina v Iqbal; Regina v Butt – Times Law Reports

Posted February 15th, 2008 in law reports, terrorism by sally

Regina v Zafar; Regina v Malik; Regina v Raja; Regina v Iqbal; Regina v Butt

Court of Appeal (Criminal Division)

“A person possessed an article for terrorist purposes only if he possessed it in circumstances which gave rise to a reasonable suspicion that he intended it to be used for the purpose of the commission, preparation or instigation of an act of terrorism.”

The Times, 15th 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.

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Pilecki v Circuit Court of Legnica, Poland – Times Law Reports

Posted February 14th, 2008 in extradition, law reports, sentencing by sally

Pilecki v Circuit Court of Legnica, Poland

House of Lords

“In considering whether an extradition order should be made in pursuance of a European arrest warrant in a conviction case, it was sufficient if the aggregated sentence was for at least four months; the extradition judge was not concerned with the lengths of the individual sentences aggregated.”

The Times, 14th 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 v Xu and Others – Times Law Reports

Posted February 14th, 2008 in drug offences, law reports, sentencing by sally

Regina v Xu and Others

Court of Appeal (Criminal Division)

“Persons convicted of being concerned in the large scale commercial cultivation or production of cannabis, could expect to receive sentences with a starting point of three years if they acted as a gardener, six to seven years if they acted as an organiser, three to seven years if they acted as a manager and higher sentences where they controlled a large number of such operations.”

The Times, 14th 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.

Betterment Properties (Weymouth) Ltd v Dorset County Council – Times Law Reports

Posted February 13th, 2008 in commons, evidence, law reports by sally

Betterment Properties (Weymouth) Ltd v Dorset County Council

Court of Appeal

“On an application to the High Court to remove from the register land which had been registered as a town or village green, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

The Times, 13th 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.

In re Trinity Mirror plc and Others – Times Law Reports

Posted February 13th, 2008 in anonymity, children, law reports by sally

In re Trinity Mirror plc and Others

Court of Appeal

“The crown court had no jurisdiction to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that his children would be harmed since such an order was not incidental to the defendant’s trial, conviction and sentence.”

The Times, 13th 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.

Expandable Ltd and others v Rubin – WLR Daily

Posted February 13th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and others v Rubin [2008] EWCA Civ 59; [2008] WLR (D) 42

“The words ‘he wrote to me … drawing my attention to discrepancies’ in a witness statement were sufficient to amount to mention of a document for the purposes of CPR r 31.14(1), but such mere mention did not constitute an automatic waiver of the legal professional privilege attaching to the document, so as to entitle a party to inspect it pursuant to the rule.”

WLR Daily, 12th 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.

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others – WLR Daily

Posted February 12th, 2008 in law reports, royal family, wills by sally

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56; [2008] WLR (D) 41

“The process by which a judge had ordered that the wills of two deceased members of the royal family should not be open to public inspection was not transparent, nor were the criteria applied plain, and, therefore, a person who had applied to inspect the wills was entitled to have a substantive hearing of his application, even though it was motivated by an irrational and scandalous belief.”

WLR Daily, 11th 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.

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th 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.

Statek Corporation v Alford and Another – Times Law Reports

Posted February 12th, 2008 in breach of trust, law reports, time limits by sally

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th 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.

Majorstake Ltd v Curtis – Times Law Reports

Posted February 12th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis

House of Lords

“‘Premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises.”

The Times, 12th 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 (Haase) v Independent Adjudicator – Times Law Reports

Posted February 11th, 2008 in disciplinary procedures, law reports, prison officers by sally

Regina (Haase) v Independent Adjudicator

Queen’s Bench Division

“Prison disciplinary hearings by independent adjudicators, in which the prosecution case was presented by a prison officer who might also be a witness, were not incompatible with the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

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.

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.