Category: law reports

Kingdom of Sweden v Commission of the European Communities Case – Times Law Reports

Posted January 11th, 2008 in disclosure, EC law, law reports by sally

Kingdom of Sweden v Commission of the European Communities Case C-64/05P

Court of Justice of the European Communities

“A request by an EU member state to a Community institution not to disclose to a third party documents originating from that state and held by the institution was to be regarded not as instruction with which the institution was bound to comply but as the first step in a process of inquiry as to whether one of the exceptions to disclosure set out in the Community regulation on access to documents applied.”

The Times, 11th 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.

R v Miell – WLR Daily

Posted January 10th, 2008 in evidence, law reports, perjury, retrials by sally

R v Miell [2007] EWCA Crim 3130; [2007] WLR(D) 346

“In deciding whether to quash an acquittal, the Court of Appeal (Criminal Division) had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.”

WLR Daily, 8th 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.

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) – WLR Daily

Posted January 10th, 2008 in breach of trust, fraud, law reports by sally

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382

“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”

WLR Daily, 8th 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.

Daily Telegraph Law Reports, 10th January 2008

Posted January 10th, 2008 in law reports by sally

Crane v Canons Leisure Centre

Re G (Abduction: withdrawal of proceedings, acquiescence, habitual residence)

R v XU & Others

Crown Prosecution Service v Brown

R (McKeon) v DPP

Evans v Birmingham & Black Country Strategic HA

Daily Telegraph, 10th January 2008

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.

Crane v Canons Leisure Centre – Times Law Reports

Posted January 10th, 2008 in costs, fees, law reports, solicitors by sally

Crane v Canons Leisure Centre

Court of Appeal

“When costs consultants were instructed by solicitors to conduct a detailed costs assessment under a collective conditional fee agreement, where the solicitors remained responsible for the proper conduct of the work, the satellite fees were base costs, not disbursements and a success fee was payable on them.”

The Times, 10th 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.

Regina (Siborurema) v Office of the Independent Adjudicator for Higher Education – Times Law Reports

Posted January 10th, 2008 in complaints, education, law reports by sally

Regina (Siborurema) v Office of the Independent Adjudicator for Higher Education

Court of Appeal

“The Office of the Independent Adjudicator for Higher Education was entitled to take into account the regulations and procedures of a higher education institution against which a student had made a complaint and was not obliged to conduct an investigation into the underlying facts.”

The Times, 10th 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. 

In re D (a Child)(Abduction: Rights of custody) (No 2) – Times Law Reports

Posted January 9th, 2008 in contact orders, EC law, jurisdiction, law reports by sally

In re D (a Child)(Abduction: Rights of custody) (No 2)

Court of Appeal

“A contact order which predated Romania’s accession to the European Union was not enforceable under Council Regulation 2201/2003 (Brussels II Revised) (OJ 2003 L33b/1).”

The Times, 9th 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.
 

Savage v South Essex Partnership NHS Foundation Trust – Times Law Reports

Posted January 9th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust

Court of Appeal

“To establish that a hospital at which a suicide had been a detained mental patient was in breach of the right to life guaranteed by the European Convention on Human Rights, the claimant had to show that at the time of the suicide the hospital knew or ought to have known of the existence of a real and immediate risk to her life from self-harm and that it failed to take measures which reasonably might have been expected to avoid that risk.”

The Times, 9th 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.
 

Contex Drouzhba Ltd v Wiseman and Another – Times Law Reports

Posted January 8th, 2008 in company directors, fraud, law reports by sally

Contex Drouzhba Ltd v Wiseman and Another

Court of Appeal

“A director’s signature on a document containing a fraudulent representation made by him was sufficient evidence in writing for an action in deceit.”

The Times, 8th 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.

Charter plc and Another v City Index Ltd (David Gawler and Others, Part 20 defendants) – Times Law Reports

Posted January 8th, 2008 in breach of trust, fraud, law reports by sally

Charter plc and Another v City Index Ltd (David Gawler and Others, Part 20 defendants)

Court of Appeal

“A party which received money transferred in breach of trust, who was liable as a knowing recipient if he retained it money or paid it away in unconscionable circumstances could recover contribution from any other person responsible for damage to the party defrauded.”

The Times, 8th 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. 

Chandler v Secretary of State for Work and Pensions and Another – Times Law Reports

Posted January 7th, 2008 in child support, law reports by sally

Chandler v Secretary of State for Work and Pensions and Another

Court of Appeal

“Regular repayments to an absent parent from a capital loan to his employer were not income for the purposes of assessment of child maintenance, although they might be caught by antiavoidance provisions in the child maintenance legislation.”

The Times, 7th 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.

Islamic Republic of Iran v Barakat Galleries Ltd – Times Law Reports

Posted January 7th, 2008 in artistic works, conflict of laws, law reports, title to goods by sally

Islamic Republic of Iran v Barakat Galleries Ltd

Court of Appeal

“A claim by a state to recover antiquities which formed part of its national heritage should not be shut out on the ground that an action whose object was to enforce the public law of another state should not be entertained.”

The Times, 7th 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.

Vicario v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 4th, 2008 in duty of care, law reports, negligence, police, victims by sally

Vicario v Commissioner of Police of the Metropolis

Court of Appeal

“Police owed no duty of care to victims when taking a decision whether or not to prosecute a suspected offender, even where the decision took into account the interests of the victims.”

The Times, 4th 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.

AB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted January 4th, 2008 in immigration, law reports, married persons by sally

AB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“A spouse who had married an overseas overstayer was entitled to have his right to a family life to be taken into account, although he was not a formal party to the proceedings seeking the removal of the overstayer.”

The Times, 4th 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.

Regina v Miell – Times Law Reports

Posted January 4th, 2008 in evidence, law reports, perjury, retrials by sally

Regina v Miell

Court of Appeal (Criminal Division)

“In deciding whether to quash an acquittal, the court had to form its own view as to whether the acquitted person’s subsequent plea of guilty to perjury at his trial was in fact compelling evidence that he had committed the offence charged.”

The Times, 4th 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.

BAILII – Recent Decisions

Posted January 3rd, 2008 in law reports by sally

High Court (Chancery Division)

Waste Recycling Group Ltd v Commissioners for HMRC (Revenue and Customs) [2007] EWHC 3014 (Ch) (20 December 2007)

Rxworks Ltd v Hunter (t/a Connect Computers) [2007] EWHC 3061 (Ch) (20 December 2007)

Greater Manchester Police v Wigan Athletic Afc Ltd [2007] EWHC 3095 (Ch) (21 December 2007)

High Court (Queen’s Bench Division)

Kamar v Nightingale & Anor [2007] EWHC 2982 (QB) (14 December 2007)

Sharma v Singh & Anor [2007] EWHC 2988 (QB) (17 December 2007)

Adelson & Anor v Associated Newspapers Ltd. [2007] EWHC 3028 (QB) (19 December 2007)

Shore v Sedgwick Financial Services Ltd & ors [2007] EWHC 3054 (QB) (20 December 2007)

Harris & Anor v Moat Housing Group-South Ltd [2007] EWHC 3092 (QB) (20 December 2007)

Malik v Newspost Ltd & Ors [2007] EWHC 3063 (QB) (20 December 2007)

Bugbugs Ltd v Transport for London [2007] EWHC 2987 (QB) (21 December 2007)

Blackwell v News Group Newspapers Ltd & Ors [2007] EWHC 3098 (QB) (21 December 2007)

High Court (Commercial Court)

Sectrack NV v Satamatics Ltd & Anor [2007] EWHC 3003 (Comm) (19 December 2007)

Masri v Consolidated Contractors International Company SAL & Anor [2007] EWHC 3010 (Comm) (20 December 2007)

High Court (Patents Court)

Handi-Craft Company v New Vent Designs Inc & Ors (No. 4) [2007] EWHC B11 (Pat) (14 December 2007)

Nokia Corp v Interdigital Technology Corp [2007] EWHC 3077 (Pat) (21 December 2007)

Monsanto Technology LLC v Cargill International SA & Anor [2007] EWHC 3113 (Pat) (21 December 2007)

BAILII – Recent Decisions

Posted January 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Crane v Canons Leisure Centre [2007] EWCA Civ 1352 (19 December 2007)

Ravengate Estates Ltd v Horizon Housing Group Ltd & Ors [2007] EWCA Civ 1368 (19 December 2007)

Jones v Wrexham Borough Council [2007] EWCA Civ 1356 (19 December 2007)

Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353 (19 December 2007)

MW (Liberia) v Secretary of State for the Home Department [2007] EWCA Civ 1376 (20 December 2007)

Jayam NV v The Diamond Trading Company Ltd [2007] EWCA Civ 1360 (20 December 2007)

Siborurema, R (on the application of) v Office of the Independent Adjudicator [2007] EWCA Civ 1365 (20 December 2007)

Baxi Group Ltd. v Revenue and Customs [2007] EWCA Civ 1378 (20 December 2007)

Environment Agency v Anti-Waste Ltd, R (On the application of) [2007] EWCA Civ 1377 (20 December 2007)

Parallel Imports (Europe) Ltd (T/a Baglan Car Centre) v Radivan & Anor [2007] EWCA Civ 1373 (20 December 2007)

Martins v Choudhary [2007] EWCA Civ 1379 (20 December 2007)

Telli v Revenue and Customs Prosecutions Office [2007] EWCA Civ 1385 (21 December 2007)

Vicario v The Commissioner of Police for the Metropolis [2007] EWCA Civ 1361 (21 December 2007)

Islamic Republic of Iran v The Barakat Galleries Ltd [2007] EWCA Civ 1374 (21 December 2007)

Petromec Inc v Petroleo Brasileiro S.A. Petrobras & Ors [2007] EWCA Civ 1371 (21 December 2007)

City Index Ltd & Ors v Gawler & Ors [2007] EWCA Civ 1382 (21 December 2007)

Savage v South Essex Partnership NHS Foundation Trust & Anor [2007] EWCA Civ 1375 (21 December 2007)

A (a minor), Re [2007] EWCA Civ 1383 (21 December 2007)

KD (Sri Lanka) v SSHD [2007] EWCA Civ 1384 (21 December 2007)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2007] EWCA Civ 1372 (21 December 2007)

Court of Appeal (Criminal Division)

AP U Ltd. v Crown Prosecution Service [2007] EWCA Crim 3128 (20 December 2007)

Mielll, R v [2007] EWCA Crim 3130 (21 December 2007)

Terrell, R. v [2007] EWCA Crim 3079 (21 December 2007)

Mote v R [2007] EWCA Crim 3131 (21 December 2007)

Birmingham City Council v Ram [2007] EWCA Crim 3084 (21 December 2007)

High Court (Administrative Court)

T, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 3074 (Admin) (18 December 2007)

Juncal, R (on the application of) v Secretary of State for the Home Department & Ors [2007] EWHC 3024 (Admin) (19 December 2007)

Lake, R (on the application of) v HMP Highdown [2007] EWHC 3080 (Admin) (20 December 2007)

Haase, R (on the application of) v Independent Adjudicator & Ors [2007] EWHC 3079 (Admin) (20 December 2007)

Bryant & Anor v The Law Society [2007] EWHC 3043 (Admin) (21 December 2007)

Murphy v Media Protection Services Ltd [2007] EWHC 3091 (Admin) (21 December 2007)

Regina (M) v Sutton London Borough Council – Times Law Reports

Posted January 3rd, 2008 in law reports, special educational needs by sally

Regina (M) v Sutton London Borough Council

Court of Appeal

“Where a local authority specified the parents’ choice of school in a special educational needs statement on condition that the parents paid for transport as there were other nearer suitable mainstream schools, the authority was not obliged to provide free transport to that school.”

The Times, 3rd 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.

Crossley v Crossley – Times Law Reports

Posted January 3rd, 2008 in divorce, law reports, prenuptial agreements by sally

Crossley v Crossley

Court of Appeal

“A judge had a discretionary power in ancillary relief proceedings to require a party to show good cause why a prenuptial agreement should not govern the division of assets on the dissolution of the marriage.”

The Times, 3rd 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.

Regina v R (Gloves, Offensive weapon) – Times Law Reports

Posted January 3rd, 2008 in law reports, offensive weapons by sally

Regina v R (Gloves, Offensive weapon)

Court of Appeal

“Leather gloves with a padding of lead/sand over the knuckle area were capable in law of being an offensive weapon.”

The Times, 3rd 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.