Attorney-General’s Reference (Nos 74 and 83 of 2007) (Simon Foster and Keith Fenn) – Times Law Reports

Posted November 16th, 2007 in age of consent, law reports, rape, sentencing by sally

Attorney-General’s Reference (Nos 74 and 83 of 2007) (Simon Foster and Keith Fenn)

Court of Appeal (Criminal Division)

“A child under 13 could not give consent in law to any sexual activity.”

The Times, 16th 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 (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted November 16th, 2007 in care workers, human rights, law reports by sally

Regina (Wright and Others) v. Secretary of State for Health and Another

Court of Appeal

“Those who worked with vulnerable adults should be given the opportunity to make representations before being placed on a list preventing them doing such work.”

The Times, 16th 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 (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th 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.

AH and Others (Sudan) v Secretary of State for the Home Department – Times Law Reports

Posted November 15th, 2007 in asylum, deportation, law reports, Sudan by sally

AH and Others (Sudan) v Secretary of State for the Home Department

House of Lords

“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that consideration of conditions in the place of habitual residence had to be the starting point of the assessment. It was for the decision-maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”

The Times, 15th 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.

House of Lords Judgments: What’s new?

Posted November 15th, 2007 in law reports by sally

Secretary of State for the Home Department (Appellant) v. AH (Sudan) and others (FC) (Respondents) [2007] UKHL 49 (14 November 2007)

Source: www.parliament.uk

Daily Telegraph Law Reports, 15th November 2007

Posted November 15th, 2007 in law reports by sally

Raglan Housing Association Ltd. v. Fairclough

R (Independent Police Complaints Commission) v. Chief Constable of West Midlands Police

Moody v. General Osteopathic Council

Wandsworth LBC v. Randall

Ellis v. William Cook Leeds Ltd.

Conn v. Sunderland CC

Daily Telegraph, 15th November 2007

Source: www.telegraph.co.uk

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

BAILII: Recent Decisions

Posted November 14th, 2007 in law reports by sally

High Court (Chancery Division)

Gaines-Cooper v Revenue and Customs [2007] EWHC 2617 (Ch) (13 November 2007)

Tackaberry & Anor v Hollis & Ors [2007] EWHC 2633 (Ch) (13 November 2007)

Van Der Merwe & Anor v IIG Capital LLC [2007] EWHC 2631 (Ch) (13 November 2007)

High Court (Commercial Court)

El Nasharty v J. Sainsbury Plc [2007] EWHC 2618 (Comm) (13 November 2007)

Source: www.bailii.org

Soulsbury v Soulsbury – Times Law Reports

Posted November 14th, 2007 in divorce, law reports, periodical payments, wills by sally

Agreement has legal force

Soulsbury v Soulsbury

Court of Appeal

“An agreement between spouses to compromise an ancillary relief claim need not be approved by the court to have legal force.”

The Times, 14th 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.

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Posted November 14th, 2007 in housing, law reports, restrictive covenants by sally

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th 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 v Cartwright – WLR Daily

Posted November 13th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

Regina v Cartwright [2007] EWCA Crim 2581

“The restrictions imposed by s 41 of the Youth Justice and Criminal Evidence Act 1999 on the calling of evidence of, and cross-examination as to, complainants’ sexual history applied to trials conducted after the coming into force of the Sexual Offences Act 2003, in respect of sexual offences allegedly committed before that date, even though the latter statute failed to contain a saving provision specifically to that effect.”

WLR Daily, 7th 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.

Hawkes v Cuddy and Others – Times Law Reports

Posted November 13th, 2007 in company directors, declaratory judgment, insolvency, law reports by sally

Judge’s order inappropriate

Hawkes v Cuddy and Others

Court of Appeal

“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”

The Times, 13th 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.

Secretary of State for the Home Department v E and Another – Times Law Reports

Posted November 13th, 2007 in control orders, law reports, terrorism by sally

Home Secretary did not breach control order duty

Secretary of State for the Home Department v E and Another

House of Lords

“It was not a condition precedent to the making or renewal of a nonderogating control order that the Secretary of State for the Home Department should comply with his duty to keep under review the prospect of successfully prosecuting the controlled person for a terrorism-related activity.”

The Times, 13th 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. 

House of Lords Judgments: What’s new?

Posted November 12th, 2007 in law reports by sally

Secretary of State for the Home Department (Appellant) v. JJ and others (FC) (Respondents) [2007] UKHL 45 (31 October 2007)

Secretary of State for the Home Department v. MB (FC) (Appellant) [2007] UKHL 46 (31 October 2007)

Secretary of State for the Home Department Respondent v. E and another (Appellant) [2007] UKHL 47 (31 October 2007)

Office of Fair Trading (Respondents) v Lloyds TSB Bank plc and others (Appellants) and others (Respondents) [2007] UKHL 48 (31 October 2007)

Source: www.parliament.uk

Harouki v Kensington and Chelsea London Borough Council – Times Law Reports

Posted November 12th, 2007 in homelessness, housing, law reports by sally

Unlawful housing reasonable

Harouki v Kensington and Chelsea London Borough Council

Court of Appeal

“Where a tenant applied to be treated as homeless because where she lived with her family was statutorily overcrowded, and occupation of such accommodation was a summary offence under section 327 of the Housing Act 1985, the housing authority was entitled to conclude, having regard to local conditions, that it would not be unreasonable for the family to stay there.”

The Times, 12th 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.

Office of Fair Trading v Lloyds TSB Bank plc and Others – Times Law Reports

Posted November 12th, 2007 in consumer credit, consumer protection, extraterritoriality, law reports by sally

Credit card protection is extra-territorial

Office of Fair Trading v Lloyds TSB Bank plc and Others

House of Lords

“The right of consumers to hold United Kingdom credit card companies liable for a breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

The Times, 12th 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.

BAILII: Recent Decisions

Posted November 9th, 2007 in law reports by sally

High Court (Administrative Court)

Rumbold v The General Medical Council [2007] EWHC 2569 (Admin) (09 November 2007)

Hardman, R (on the application of) v The Social Security and Child Support Commissioners & Anor [2007] EWHC 2437 (Admin) (09 November 2007)

LT and DT v City & County of Cardiff & Anor [2007] EWHC 2568 (Admin) (09 November 2007)

Shore v Sedgwick Financial Services Ltd & Ors [2007] EWHC 2509 (Admin) (08 November 2007)

Casey, R (on the application of) v Restormel Borough Council [2007] EWHC 2554 (Admin) (07 November 2007)

Mpasi, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 2562 (Admin) (07 November 2007)

Residents Against Waste Site Ltd v Lancashire County Council & Anor [2007] EWHC 2558 (Admin) (07 November 2007)

Hill v Bedfordshre County Council [2007] EWHC 2435 (Admin) (02 November 2007)

Brinsons (a firm), R (on the application of) v Financial Ombudsman Service Ltd. [2007] EWHC 2534 (Admin) (02 November 2007)

Hertfordshire County Council v National Grid Gas plc [2007] EWHC 2535 (Admin) (02 November 2007)

High Court (Chancery Division)

Hicks v Russell Jones & Walker [2007] EWHC 2545 (Ch) (05 November 2007)

High Court (Commercial Court)

Outokumpu Stainless Ltd v AXA Global Risks (UK) Ltd & Ors [2007] EWHC 2555 (Comm) (08 November 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 9th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 (07 November 2007)

Kensington International Ltd v Republic of Congo [2007] EWCA Civ 1128 (07 November 2007)

Wandsworth v Randall [2007] EWCA Civ 1126 (07 November 2007)

Winter & Anor v Traditional & Contemporary Contracts Ltd [2007] EWCA Civ 1088 (07 November 2007)

London Borough of Southwark v Dennett [2007] EWCA Civ 1091 (07 November 2007)

Albon (t/a NA Carriage CO) v Naza Motor Trading SDN BHD [2007] EWCA Civ 1124 (06 November 2007)

Khan & Anor v The Home Office [2007] EWCA Civ 1092 (05 November 2007)

Home Office v Evans & Anor [2007] EWCA Civ 1089 (02 November 2007)

Vaughan v Vaughan [2007] EWCA Civ 1085 (02 November 2007)

Couronne & Ors v Bontemps & Ors [2007] EWCA Civ 1086 (02 November 2007)

Harrold v North Bristol NHS Trust [2007] EWCA Civ 1090 (02 November 2007)

Warwickshire County Council v M & Ors [2007] EWCA Civ 1084 (01 November 2007)

Raglan Housing Association Ltd. v Fairclough [2007] EWCA Civ 1087 (01 November 2007)

Court of Appeal (Criminal Division)

Cartwright, R v [2007] EWCA Crim 2581 (07 November 2007)

H v R. [2007] EWCA Crim 2622 (07 November 2007)

Source: www.bailii.org

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities – WLR Daily

Posted November 9th, 2007 in data protection, EC law, law reports by sally

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities (Case T-194/04)

A request to the Commission of the European Communities for access to personal data contained in a Commission document could only be refused on the grounds of the privacy and integrity of the persons if such privacy and integrity were capable of being actually and specifically undermined by disclosure, and the applicant did not have to prove that disclosure was necessary.”

WLR Daily, 8th 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.

Daily Telegraph Law Reports, 8th November 2007

Posted November 9th, 2007 in law reports by sally

Evans v. Kosmar Villa Holidays Plc

Kostic v. Chaplin & Others

Negus v. Baghouse

Somerville v. Scottish Ministers

Grundy v. British Airways Plc

Poole & Others v. HM Treasury

Daily Telegraph, 8th November 2007

Source: www.telegraph.co.uk

Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) – WLR Daily

Posted November 9th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v. Republic of Congo (Vitol Services Ltd and others, third parties)

“On the proper construction of s 13 of the Fraud Act 2006, proceedings for the recovery of a debt were ‘ proceedings relating to property’ within the meaning of s 13(3) and bribery, whose essential feature was deception, was an offence involving ‘fraudulent conduct or purpose’ within the meaning of s 13(4) (b).”

WLR Daily, 8th 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.