Category: law reports

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.

Dickson and Another v United Kingdom (Application No 44362/04) – Times Law Reports

Posted December 21st, 2007 in assisted reproduction, human rights, law reports by sally

Dickson and Another v United Kingdom (Application No 44362/04)

European Court of Human Rights

“While the state had a duty to ensure the protection of children, it was disproportionate for it to prevent the conception of a child by a life-term prisoner and his wife through artificial insemination.”

The Times, 21st December 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.

M v Warwickshire County Council – Times Law Reports

Posted December 21st, 2007 in children, law reports, placement orders by sally

M v Warwickshire County Council

Court of Appeal

“On an application for leave to revoke a placement order based on a change of circumstances, a discretion arose in which the welfare of the child and the prospect of success should both be weighed and the former was not necessarily paramount.”

The Times, 21st December 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 (Szklanny) v Westminster City Magistrates Court – Times Law Reports

Posted December 21st, 2007 in EC law, extradition, law reports, warrants by sally

Regina (Szklanny) v Westminster City Magistrates Court

Queen’s Bench Divisional Court

“While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).”

The Times, 21st December 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.

Daily Telegraph Law Reports, 20th December 2007

Posted December 20th, 2007 in law reports by sally

R (Al-Jedda) v. Secretary of State for Defence

R v. Ministry of Defence & Anr

Duffy v. Crown Prosecution Service

Saber v. Home Secretary

R (Low) v. General Osteopathic Council

R (Harris) v. Home Secretary

Daily Telegraph, 20th December 2007

Source: www.telegraph.co.uk

Regina v Winter – Times Law Reports

Posted December 20th, 2007 in law reports, soliciting to murder by sally

Regina v Winter

Court of Appeal (Criminal Division)

“A person who solicited another to commit murder as a secondary, as opposed to principal party was none the less guilty of the offence of soliciting another to murder.”

The Times, 20th December 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.

Law Society of England and Wales and Others v Shah and Others – Times Law Reports

Posted December 20th, 2007 in bankruptcy, insurance, law reports, third parties by sally

Law Society of England and Wales and Others v Shah and Others

Chancery Division

“Where a third party was not able to pursue a debt claim directly against a bankrupt due to the fact that the bankruptcy had been discharged, thereby extinguishing the claim, the third party could none the less pursue the claim against the bankrupt’s insurers once the third party had obtained a decision admitting the claim in bankruptcy.”

The Times, 20th December 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.

BAILII: Recent Decisions

Posted December 20th, 2007 in law reports by sally

High Court (Administrative Court)

Zoolife International Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs [2007] EWHC 2995 (Admin) (17 December 2007)

Jaso & Ors v Central Criminal Court No.2 Madrid [2007] EWHC 2983 (Admin) (14 December 2007)

Haw & Anor v City of Westminster Magistrates’ Court [2007] EWHC 2960 (Admin) (12 December 2007)

High Court (Chancery Division)

Musawi v RE International (UK) Ltd & Ors [2007] EWHC 2981 (Ch) (14 December 2007)

Stockler Charity (a firm) v Revenue and Customs [2007] EWHC 2967 (Ch) (13 December 2007)

Hawkes v Cuddy & Ors [2007] EWHC 2999 (Ch) (13 December 2007)

High Court (Queen’s Bench Division)

Pierce v Doncaster Metropolitan Borough Council [2007] EWHC 2968 (QB) (13 December 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Neath Port Talbot County Borough Council v Ware [2007] EWCA Civ 1359 (18 December 2007)

Pajaziti & Anor, R (on the application of) v London Borough of Lewisham [2007] EWCA Civ 1351 (18 December 2007)

Nelson v Greening & Sykes (Builders) Ltd [2007] EWCA Civ 1358 (18 December 2007)

Hall & Ors v Stone [2007] EWCA Civ 1354 (18 December 2007)

Von Essen Hotels 5 Ltd v Vaughan & Anor [2007] EWCA Civ 1349 (17 December 2007)

Collier v P & M J Wright (Holdings) Ltd [2007] EWCA Civ 1329 (14 December 2007)

Rudi, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 1326 (14 December 2007)

Mote v (Secretary of State for Work and Pensions & Anor [2007] EWCA Civ 1324 (14 December 2007)

Entry Clearance Officer, Mumbai v NH (India) [2007] EWCA Civ 1330 (13 December 2007)

Clear Channel UK Ltd, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1328 (13 December 2007)

Northgate HR Ltd v Mercy [2007] EWCA Civ 1304 (13 December 2007)

Dorning v Personal Representative of Paul Rigby (Deceased) [2007] EWCA Civ 1315 (13 December 2007)

Secretary of State for Work & Pensions v Balding [2007] EWCA Civ 1327 (13 December 2007)

Khudados v Hayden & Ors [2007] EWCA Civ 1316 (13 December 2007)

D v D & Anor [2007] EWCA Civ 1277 (12 December 2007)

Dostenko v City of Westminster [2007] EWCA Civ 1325 (12 December 2007)

Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 (12 December 2007)

Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 (12 December 2007)

Court of Appeal (Criminal Division)

Hamadi, R. v [2007] EWCA Crim 3048 (18 December 2007)

Lowe v R [2007] EWCA Crim 3047 (14 December 2007)

Source: www.bailii.org

Pitts and Others v Jones

Posted December 19th, 2007 in guarantees, indemnities, law reports by sally

Pitts and Others v Jones

“In distinguishing oral promises as either guarantees or indemnities under the Statute of Frauds 1677, the classic criterion relying on interest in the transaction was not to be taken literally; not every interest in the transaction took the promise out of the statute.”

The Times, 19th December 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.

Kitfix Swallow Group Ltd v Great Gizmos Ltd – Times Law Reports

Posted December 19th, 2007 in law reports, stay of proceedings, trade marks by sally

Kitfix Swallow Group Ltd v Great Gizmos Ltd

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

The Times, 19th December 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.

Sumukan Ltd v Commonwealth Secretariat (No 2)

Posted December 18th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2)

Court of Appeal

“Failure to comply with proper procedure in appointing an arbitrator rendered the appointment invalid and the award a nullity.”

The Times, 18th December 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.