law reports – Page 345 – Current Awareness

“Para 5.2 of Prison Service Order 6300 was unlawful in so far as it purported to require the permission of the sentencing judge before granting the temporary release of a prisoner serving a term of imprisonment for civil contempt.”

WLR Daily, 17th 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.

BAILII: Recent Decisions

Posted January 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Homepace Ltd v Sita South East Ltd [2008] EWCA Civ 1 (15 January 2008)

JFM v Neath Port Talbot Borough Council & Ors [2008] EWCA Civ 3 (15 January 2008)

Court of Appeal (Criminal Division)

Bogdal (Aka Marjan Tadeusz) v R [2008] EWCA Crim 1 (16 January 2008)

High Court (Administrative Court)

West Midlands Probation Board v Sutton Coldfield Magistrates’ Court & Ors [2008] EWHC 15 (Admin) (11 January 2008)

High Court (Chancery Division)

Midill (97pl) Ltd v Park Lane Estates Ltd & Anor [2008] EWHC 18 (Ch) (16 January 2008)

HM Revenue & Customs v Weald Leasing Ltd [2008] EWHC 30 (Ch) (16 January 2008)

Turner & Anor v Pryce & Ors [2008] EWHC B1 (Ch) (09 January 2008)

Jackson v J H Watson Property Investment Ltd [2008] EWHC 14 (Ch) (7 January 2008)

Source: www.bailii.org

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th 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 (Maloba) v Waltham Forest London Borough Council – Times Law Reports

Posted January 16th, 2008 in homelessness, law reports by sally

Regina (Maloba) v Waltham Forest London Borough Council

Court of Appeal

“In concluding that an applicant who had become a British citizen in 1997 was not homeless because there was accommodation for him in Uganda, the housing authority had adopted too restrictive an approach.”

The Times, 16th 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 P (Children: Split hearings) – Times Law Reports

Posted January 16th, 2008 in children, law reports, split hearings by sally

In re P (Children: Split hearings)

Court of Appeal

“Care was required when addressing, in a split hearing, the threshold criteria under section 31(2) of the Children Act 1989.”

The Times, 16th 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.

MW (Liberia) v Secretary of State for the Home Department – Times Law Report

Posted January 15th, 2008 in children, immigration, law reports by sally

MW (Liberia) v Secretary of State for the Home Department

“A foreign national child of parents or a relative present and settled in the UK was not entitled to enter unless he would be maintained, without recourse to public funds, by the parent or relative he was seeking to join, not third parties.”

The Times, 15th 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 Terrell – Times Law Reports

Posted January 14th, 2008 in children, computer crime, law reports, pornography, sentencing by sally

Regina v Terrell

Court of Appeal, Criminal Division

“A judge should not have imposed a sentence of imprisonment for public protection on an offender who downloaded indecent photographs of children on to his computer where a small, uncertain and indirect contribution to harm might be made by a repeat of his offence.”

The Times, 14th 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.

Kostic v Chaplin and Others – Times Law Reports

Posted January 11th, 2008 in costs, law reports, probate by sally

Kostic v Chaplin and Others

Chancery

“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”

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.

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.