Category: law reports

Raglan Housing Association Ltd v Fairclough – Times Law Reports

Posted November 28th, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Fairclough

Court of Appeal

“A landlord could rely upon the commission of an indictable offence before a person took up a tenancy to obtain possession of the demised property under ground 14 of Schedule 2 to the Housing Act 1988, as amended by section 14 of the Housing Act 1996.”

The Times, 28th November 2007

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

Mastercigars Direct Ltd v Withers LLP – WLR Daily

Posted November 27th, 2007 in costs, law reports, solicitors by sally

Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch) 

“A solicitors’ costs estimate was relevant on a detailed assessment of costs as a useful yardstick, by which the reasonableness of costs could be measured, and on the issue of reliance by a client on that estimate. It was not correct that unless a client was notified of the further sums payable, preferably before they were incurred, the solicitor would be unable to recover costs in excess of the estimated amount.”

WLR Daily, 26th November 2007

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.

Watt (formerly Carter) and Others v Ahsan – Times Law Reports

Posted November 27th, 2007 in elections, law reports, race discrimination by sally

Watt (formerly Carter) and Others v Ahsan

House of Lords

“An unsuccessful applicant for selection as a Labour Party candidate in local elections who alleged that the failure to select him had been motivated by racial discrimination should have brought his claim against the party under section 25 of the Race Relations Act 1976 in county court proceedings, but since an employment tribunal ruled that it had jurisdiction to hear the complaint under section 12 of that Act, the party could not claim that the tribunal did not have jurisdiction. ”

The Times, 27th November 2007

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 C (A Child)(Adoption: Local Authority’s Duty) – WLR Daily

Posted November 27th, 2007 in adoption, law reports by sally

 In re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206

“S 1 of the Adoption and Children Act 2002 did not impose a duty on the local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care in circumstances where the child had been conceived as a result of a fleeting relationship and the mother wished to place the child for adoption.”

WLR Daily, 26th November 2007

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 Metronet Rail BCV Ltd (in public private partnership administration) and In re Metronet Rail SSL Ltd (in public private partnership administration) – WLR Daily

Posted November 27th, 2007 in insolvency, law reports, public private partnerships by sally

In re Metronet Rail BCV Ltd (in public private partnership administration) and In re Metronet Rail SSL Ltd (in public private partnership administration) [2007] EWHC 2697 (Ch)

“The only companies that could fall within the term “other appointee”, as contained in Sch 15 to the Greater London Authority Act 1999, were public private partnership companies in whose favour there was under a scheme the transfer of property, rights and liabilities from an existing appointee.”

WLR Daily, 26th November 2007

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.

Watt (formerly Carter) v Ahsan – WLR Daily

Posted November 26th, 2007 in elections, law reports, race discrimination by sally

Watt (formerly Carter) v. Ahsan

“An unsuccessful applicant for selection as a local election candidate who alleged that his party’s failure to select him had been motivated by racial discrimination should have brought his claim against the party under s 25 of the Race Relations Act 1976 in county court proceedings, but an employment tribunal having ruled that it had jurisdiction to hear the complaint under s 12 of the Act, the party was estopped from claiming that the tribunal did not have jurisdiction.”

WLR Daily, 23rd November

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.

Jain and Another v Trent Strategic Health Authority – WLR Daily

Posted November 26th, 2007 in care homes, duty of care, law reports by sally

Jain and Another v. Trent Strategic Health Authority

“The registration authority, in applying to a magistrate for an order for the cancellation of the registration of a nursing home under s 30 of the Registered Homes Act 1984, owed no duty of care at common law to the proprietor.”

WLR Daily, 23rd November 2007

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.


 

Kitfit Swallow Group Ltd v Great Gizmos Ltd – WLR Daily

Posted November 26th, 2007 in law reports, stay of proceedings, trade descriptions by sally

Kitfit Swallow Group Ltd v. Great Gizmos Ltd

“Where English trade mark proceedings in which there was a counterclaim for revocation were running concurrently with proceedings commenced in the Office for the Harmonisation in the Internal Market there was no presumption that the English proceedings would be stayed.”

WLR Daily, 23rd November 2007

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.


 

UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another – Times Law Reports

Posted November 23rd, 2007 in law reports, redundancy by sally

UK Coal Mining Ltd v. National Union of Mineworkers (Northumberland Area) and Another

Employment Appeal tribunal

“Where an employer was proposing to dismiss employees for redundancy, the obligation to consult arose at the point when closure of the enterprise was fixed as a clear, albeit provisional, intention and included consultation over the reason for the closure.”

The Times, 23rd November 2007

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

El Farargy v El Farargy and Others – Times Law Reports

Posted November 23rd, 2007 in bias, judges, law reports by sally

El Farargy v. El Farargy and Others

 Court of Appeal

“Where the appearance of justice was at stake, it was better that justice be done independently by another, rather than require a judge to sit in judgment of his own behaviour.”

The Times, 23rd November 2007

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

Conn v Sunderland City Council – Times Law Reports

Posted November 23rd, 2007 in harassment, law reports by sally

Conn v. Sunderland City Council 

Court of Appeal

“In determining whether harassment had occurred to incur civil liability under the Protection from Harassment Act 1997, the test was to ask whether the gravity of the misconduct was such as would sustain criminal liability under section 1 of that Act.”

The Times, 23rd November 2007

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 (Main) v Minister for Legal Aid – WLR Daily

Posted November 22nd, 2007 in human rights, inquests, law reports, legal aid by sally

R (Main) v Minister for Legal Aid [2007] EWCA Civ 1147

“In refusing an application for discretionary funding for full legal representation at an inquest into deaths following a rail accident, the Minister for Legal Aid had not acted irrationally in concluding that no significant wider public interest would be compromised, nor did the refusal constitute a breach of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 21st November 2007

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. 

Ward v Police Service of Northern Ireland – WLR Daily

Posted November 22nd, 2007 in detention, law reports, terrorism by sally

Ward v Police Service of Northern Ireland [2007] UKHL 50

“On an application by the police for an extension of the period of detention of a person who was detained under the Terrorism Act 2000, the judge’s power under para 33(3) of Sch 8 to the Act to exclude the detainee and his legal representatives from any part of the hearing also included the power to refuse to disclose to them anything that took place during the period of their exclusion.”

WLR Daily, 21st November 2007

Source: www.lawreports.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Daily Telegraph Law Reports, 22nd November 2007

Posted November 22nd, 2007 in law reports by sally

R v H

AH (Sudan) & Others v Home Secretary

F v M & Others

R (Harrington) v Bromley Magistrates’ Court

R v C

Environment Agency v Rowan

Daily Telegraph, 22nd November 2007

Source: www.telegraph.co.uk

Ward v Police Service of Northern Ireland – Times Law Reports

Posted November 22nd, 2007 in detention, law reports, terrorism by sally

Ward v Police Service of Northern Ireland

House of Lords

“The power to exclude a detainee and his legal representatives from an application under the Terrorism Act 2000 to extend the period of detention, included the power not to inform them of anything that took place during their exclusion.”

The Times, 22nd November 2007

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.

Hunte v E. Bottomley and Sons Ltd – Times Law Reports

Posted November 22nd, 2007 in law reports by sally

Hunte v E. Bottomley and Sons Ltd

Court of Appeal

“Appellants should remember that if plans, maps or photos were to be relied upon they should be clearly marked and intelligible to the judges pre-reading the case.”

The Times, 21st November 2007

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 (Davey) v Aylesbury Vale District Council – Times Law Reports

Posted November 22nd, 2007 in law reports by sally

Regina (Davey) v Aylesbury Vale District Council

Court of Appeal

“An order that a defendant was to recover its costs in judicial review proceedings which had proceeded to a full hearing, usually embraced all costs reasonably incurred by it before the grant of permission.”

The Times, 21st November 2007

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 DLP Ltd – WLR Daily

Posted November 21st, 2007 in appeals, law reports, patents by sally

In re DLP Ltd [2007] EWHC 2669 (Pat)

“It was the intention of s 74B of the Patents Act 1977 and r 77K of the Patents Rules 1995 that an appeal should lie as of right where it related to part of an opinion issued by the Comptroller, pursuant to s 74A of the Patents Act 1977, which had not been set aside by a hearing officer on review.”

WLR Daily, 20th November 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

House of Lords Judgments: What’s new?

Posted November 21st, 2007 in law reports by sally

Ward (AP) (Appellant) v. Police Service of Northern Ireland (Respondents) (Northern Ireland) [2007] UKHL 50 (21 November 2007)

Watt (formerly Carter) (sued on his own on behalf of the other members of the Labour Party) (Respondent) v Ahsan (Appellant) v. Ahsan (Apellant) [2007] UKHL 51 (21 November 2007)

Source: www.parliament.uk

Regina (D) v Bromley London Borough Council and Another – Times Law Reports

Posted November 20th, 2007 in judicial review, law reports, school exclusions by sally

Regina (D) v Bromley London Borough Council and Another

Court of Appeal

“It was contrary to natural justice for an education appeals panel to fail to provide an excluded pupil with the opportunity to comment on exceptional circumstances or other reasons which led the panel to refuse to direct his reinstatement at the school from which he had been permanently excluded.”

The Times, 20th November 2007

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.