Category: law reports

In re Airbase (UK) Ltd; In re Airbase International Services Ltd – WLR Daily

Posted February 7th, 2008 in floating charges, insolvency, law reports by sally

In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch); [2008] WLR (D) 30

“The provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”

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.

Regins v Clarke Regina v McDaid – Times Law Reports

Posted February 7th, 2008 in indictments, law reports by sally

Regina v Clarke; Regina v McDaid

House of Lords

“Where there had been no signed indictment during most of a criminal trial, the proceedings were invalid.”

The Times, 7th 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.

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th 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 (Walker) v Secretary of State for Justice – WLR Daily

Posted February 6th, 2008 in law reports, parole, prisons, rehabilitation by sally

R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28

“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”

WLR Daily, 5th 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.

In re Trinity Mirror plc and others – WLR Daily

Posted February 6th, 2008 in anonymity, injunctions, law reports, media by sally

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th 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 (Brooke and another) v Parole Board and another – WLR Daily

Posted February 6th, 2008 in human rights, law reports, parole by sally

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th 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 6th, 2008 in law reports by sally

Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 7 (6 February 2008)

R v Clarke (Appellant) (On Appeal from the Court of Appeal (Criminal Division))R v McDaid (Appellant) (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals) [2008] UKHL 8 (6 February 2008)

In re Maye (AP) (Appellant) (Northern Ireland) [2008] UKHL 9 (6 February 2008)

Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 (6 February 2008)

Source: www.parliament.uk

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd – Times Law Reports

Posted February 6th, 2008 in law reports, noise, nuisance by sally

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd

Chancery Division

“An obligation to use all reasonable endeavours was equated with an obligation to use best endeavours which was more onerous than an obligation to use reasonable endeavours. ”

The Times, 6th 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 (Walker (David)) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2008 in law reports, parole, sentencing by sally

Regina (Walker (David)) v Secretary of State for Justice; Regina (James (Brett)) v Same

Court of Appeal

“The Secretary of State for Justice acted unlawfully in failing to let prisoners serving indeterminate sentences for public protection show the Parole Board by the expiry of their minimum terms that it was no longer necessary to confine them.”

The Times, 6th 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

Posted February 5th, 2008 in law reports by sally

High Court (Administrative Court)

Cable & Wireless Services UK Ltd, R (on the application of) v Central Arbitration Committee & Anor [2008] EWHC 115 (Admin) (04 February 2008)

Williams, Re [2008] EWHC 154 (Admin) (01 February 2008)

Tran, Re [2008] EWHC 159 (Admin) (01 February 2008)

Johnson, Re [2008] EWHC 160 (Admin) (01 February 2008)

Secretary of State for the Home Department v AE [2008] EWHC 132 (Admin) (01 February 2008)

Fretwell, Re [2008] EWHC 155 (Admin) (01 February 2008)

Wealleans, Re [2008] EWHC 161 (Admin) (01 February 2008)

High Court (Admiralty Division)

Parrott v Parkin [2007] EWHC 210 (Admlty) (08 February 2007) 

High Court (Commercial Court)

Golden President Shipping Corporation v Bocimar NV [2008] EWHC 130 (Comm) (31 January 2008)

High Court (Family Division)

VB v JP [2008] EWHC 112 (Fam) (29 January 2008)

High Court (Patents Court)

M-Systems Flash Disk Pioneers Ltd v Trek 2000 International Ltd & Anor [2008] EWHC 102 (Pat) (28 January 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 5th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Justice v Walker [2008] EWCA Civ 30 (01 February 2008)

Wragg & Ors v Surrey County Council [2008] EWCA Civ 19 (01 February 2008)

Brooke & Ors , R (on the application of) v The Parole Board & Anor [2008] EWCA Civ 29 (01 February 2008)

Ravengate Estates Ltd v Horizon Housing Group Ltd & Anor [2008] EWCA Civ 16 (31 January 2008)

Glaxo Group Ltd v Genentech Inc & Anor [2008] EWCA Civ 23 (31 January 2008)

Drake v Harbour [2008] EWCA Civ 25 (31 January 2008)

Gloucestershire County Council v Evans & Ors [2008] EWCA Civ 21 (31 January 2008)

The County Homesearch Company (Thames & Chilterns) Ltd. v Cowham [2008] EWCA Civ 26 (31 January 2008)

Gab Robins (UK) Ltd v Triggs [2008] EWCA Civ 17 (30 January 2008)

P (A Child) [2008] EWCA Civ 15 (30 January 2008)

Davies v Meadwestvaco Calmar Ltd [2008] EWCA Civ 8 (30 January 2008)

Ofulue & Anor v Bossert [2008] EWCA Civ 7 (29 January 2008)

Batey v Jewson Ltd & Anor [2008] EWCA Civ 18 (29 January 2008)

Leonard & Anor v Byrt & Ors [2008] EWCA Civ 20 (29 January 2008)

Court of Appeal (Criminal Division)

Trinity Mirror & Ors, R (on the application of) v Croydon Crown Court [2008] EWCA Crim 50 (01 February 2008)

Source: www.bailii.org

Regina (Brooke and Another) v Parole Board and Another – Times Law Reports

Posted February 5th, 2008 in human rights, law reports, parole by sally

Regina (Brooke and Another) v Parole Board and Another; Regina (O’Connell) v Same Regina (Murphy) v Same

“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.