Category: law reports

Secretary of State for the Home Department v MB; Secretary of State v AF – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46

“Statutory provisions governing the court’s powers in reviewing a non-derogating control order made by the Secretary of State under the Prevention of Terrorism Act 2005 would be read down under s 3 of the Human Rights Act 2007 where their effect would be to deny the proposed subject of the order a fair hearing compatible with art 6 of the European Convention on Human Rights.”

WLR Daily, 1st 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.

Secretary of State for the Home Department v JJ and others – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v JJ and others [2007] UKHL 45

“A non-derogating control order, made by the Secretary of State under s 2 of the Prevention of Terrorism Act 2005, which imposed an 18 hour curfew of the controlled person and closely restricted his social contacts constituted a deprivation of liberty under art 5 of the European Convention on Human Rights; since the Secretary of State had no power under the 2005 Act to make such an order, the proper course was that it should be quashed.”

WLR Daily, 1st 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.

Office of Fair Trading v Lloyds TSB Bank plc and others – WLR Daily

Posted November 2nd, 2007 in consumer credit, consumer protection, law reports by sally

Office of Fair Trading v Lloyds TSB Bank plc and others [2007] UKHL 48

“The right of consumers under s 75(1) of the Consumer Credit Act 1974 to hold United Kingdom credit card companies liable for misrepresentation or breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

WLR Daily, 1st 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.

Lambeth London Borough Council v Onayomake – Times Law Reports

Posted November 2nd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Disproportionate exercise of judicial power

Lambeth London Borough Council v Onayomake

Court of Appeal

“Where a counterclaim had been made on substantial grounds in a possession action, it was a disproportionate exercise of judicial power to strike out a defence and counterclaim when the defendant’s legal representative had failed to file a check list on time.”

The Times, 2nd 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 A; HA v MB (Brussels II revised: article 11(7) application) – Times Law Reports

Posted November 2nd, 2007 in contact orders, jurisdiction, law reports by sally

Seeking child’s return after foreign order

In re A; HA v. MB (Brussels II revised: article 11(7) application)

Family Division

“An order made on an application for contact in England under section 8 of the Children Act 1989 was not a judgment requiring the return of the child from outside the jurisdiction.”

The Times, 2nd 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

Daily Telegraph Law Reports, 31st October 2007

Posted November 1st, 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, 31st October 2007

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 31st, 2007 in law reports by sally

Court of Appeal (Civil Division) 

MN (Rwanda) v Secretary of State for the Home Department [2007] EWCA Civ 1064 (30 October 2007)

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065 (30 October 2007)

Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG [2007] EWCA Civ 1066 (30 October 2007)

High Court (Chancery Division)

Thorner v Curtis & Ors [2007] EWHC 2422 (Ch) (26 October 2007)

Hardy & Ors v Fowle & Anor [2007] EWHC 2423 (Ch) (26 October 2007)

Franses v Al Assad & Ors [2007] EWHC 2442 (Ch) (26 October 2007)

Source: www.bailii.org

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Posted October 31st, 2007 in arbitration, law reports by sally

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st October 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.

Aspinall’s Club Ltd v Al-Zayat – Times Law Reports

Posted October 31st, 2007 in cheques, gambling, law reports by sally

Gambling cheque defence might be valid

Aspinall’s Club Ltd v Al-Zayat

Court of Appeal

“A gambling debt which was recoverable when it was incurred, could later become irrecoverable if the gaming club had extended credit to a member contrary to law; that unlawful provision of credit rendered the member’s liabilities on both a dishonoured cheque and the underlying loan illegal and unenforceable.”

The Times, 31st October 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 (Faithfull) v Crown Court at Ipswich – WLR Daily

Posted October 31st, 2007 in compensation, confiscation, judicial review, law reports by sally

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 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.

BAILII: Recent Decisions

Posted October 30th, 2007 in law reports by sally

High Court (Chancery Division)

The Stax Claimants Claimants v Bank of Novia Scotia Channel Islands Ltd & Ors [2007] EWHC 2438 (Ch) (24 October 2007)

Lexi Holdings Plc v Luqman & Ors [2007] EWHC 2355 (Ch) (19 October 2007)

Hill Street Services Company Ltd v National Westminster Bank Plc & Anor [2007] EWHC 2379 (Ch) (19 October 2007)

British Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor [2007] EWHC 2245 (Ch) (19 October 2007)

Jules Rimet Cup Ltd. v The Football Association Ltd. [2007] EWHC 2376 (Ch) (18 October 2007)

High Court (Commercial Court)

Limit No 2 Ltd v AXA Versicherung AG [2007] EWHC 2321 (Comm) (17 October 2007)

CTI Group Inc v Transclear SA [2007] EWHC 2340 (Comm) (17 October 2007)

High Court (Queen’s Bench Division)

Sheffield Wednesday Football Club Ltd & Ors v Hargreaves [2007] EWHC 2375 (QB) (18 October 2007)

Source: www.bailii.org

Regina v Clark – Times Law Reports

Posted October 30th, 2007 in adjournment, law reports by sally

Judge’s case management decision can be appealed

Regina v Clark

Court of Appeal (Criminal Division)

“A refusal by a trial judge to order an adjournment before trial, or indeed at any time before the start of the summing-up, was a case management decision which could constitute a terminating ruling against which a prosecutor could appeal.”

The Times, 29th October 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.

Austin and Another v Commissioner of Police of the Metropolis – Times Law Reports

Posted October 30th, 2007 in demonstrations, law reports, police, public order by sally

Police had good defence to unlawful detention claim

Austin and Another v Commissioner of Police of the Metropolis

Court of Appeal

“It was lawful only in extreme and exceptional circumstances for the police to contain demonstrators and members of the public caught up in that demonstration who themselves did not appear to be about to commit a breach of the peace. Containment was lawful only where it was necessary to prevent others from committing an imminent breach of the peace and there was no other way to achieve that.”

The Times, 29th October 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.

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another – Times Law Reports

Posted October 30th, 2007 in law reports, patents, time limits by sally

Patent amendment is not making a different claim

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another

House of Lords

“When a reference was made under section 37(1)(a) of the Patents Act 1977 for joint ownership of a patent and the Comptroller-General of Patents, Designs and Trademarks was seised of the matter, an amendment to claim sole ownership of the patent did not amount to the making of a new or different claim.”

The Times, 30th October 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.

United Utilities Water plc v Environment Agency for England and Wales – Times Law Reports

Posted October 26th, 2007 in environmental protection, law reports, waste by sally

Permit required for intermediate treatment

United Utilities Water plc v Environment Agency for England and Wales

House of Lords

“The requirement for a permit in order to operate waste water plants, where the treatment resulted in nonhazardous waste being discarded, applied to installations where intermediate treatment took place prior to transportation to another site for final treatment and disposal.”

The Times, 26th October 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 Chal – Times Law Reports

Posted October 26th, 2007 in hearsay evidence, law reports by sally

Hearsay evidence admissible in hearing whether unfit accused did act

Regina v Chal

Court of Appeal (Criminal Division)

“The provisions concerning admissibility of hearsay evidence in a criminal trial applied to proceedings to determine whether a person under a disability did the act or made the omission in the offence with which he was charged.”

The Times, 26th October 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 October 26th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Neil Martin Ltd v HM Revenue & Customs [2007] EWCA Civ 1041 (25 October 2007)

Cadogan & Anor v Sportelli & Anor [2007] EWCA Civ 1042 (25 October 2007)

Boudh v Bodh [2007] EWCA Civ 1019 (25 October 2007)

AA (Somalia) v SSHD [2007] EWCA Civ 1040 (25 October 2007)

Kohn v Wagschal & Ors [2007] EWCA Civ 1022 (24 October 2007)

Poole & Ors v HM Treasury [2007] EWCA Civ 1021 (24 October 2007)

Wright & Ors, R (on the application of) v Secretary of State for Health & Anor [2007] EWCA Civ 999 (24 October 2007)

Grundy v British Airways Plc [2007] EWCA Civ 1020 (23 October 2007)

Evans v Kosmar Villa Holidays Plc [2007] EWCA Civ 1003 (23 October 2007)

Aspinall’s Club Ltd v Al-Zayat [2007] EWCA Civ 1001 (19 October 2007)

The New Testament Church of God v Rev Stewart [2007] EWCA Civ 1004 (19 October 2007)

Vector Corporation v Glatt Air Techniques Inc [2007] EWCA Civ 805 (19 October 2007)

Novartis (AG) v Ivax Pharmaceuticals UK Ltd [2007] EWCA Civ 971 (18 October 2007)

Egan v Motor Services (Bath) Ltd [2007] EWCA Civ 1002 (18 October 2007)

HM Revenue & Customs v Total UK Ltd [2007] EWCA Civ 987 (18 October 2007)

Bandwidth Shipping Corporation v Intaari [2007] EWCA Civ 998 (17 October 2007)

Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000 (17 October 2007)

Gater Assets Ltd v Nak Naftogaz Ukrainiy [2007] EWCA Civ 988 (17 October 2007)

Court of Appeal (Criminal Division)

P, R v [2007] EWCA Crim 2290 (22 October 2007)

Ulcay, R v [2007] EWCA Crim 2379 (19 October 2007)

High Court (Administrative Court)

Moody v General Osteopathic Council [2007] EWHC 2465 (Admin) (25 October 2007)

Source: www.bailii.org

Way v Poole Borough Council and Another – Times Law Reports

Posted October 25th, 2007 in judgments, law reports, special educational needs, tribunals by sally

Fresh hearing not required

Way v Poole Borough Council and Another

Court of Appeal

“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”

The Times, 25th October 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.

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th October 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.

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) – WLR Daily

Posted October 25th, 2007 in law reports, patents, time limits by sally

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43

“When a reference pursuant to s 37(1)(a) of the Patents Act 1977 for joint ownership of a patent had been made and the Comptroller of Patents Designs and Trademarks was seised of the matter, an amendment so as to claim sole ownership of the patent did not amount to the making of a new or different claim which was outside the limitation period.”

WLR Daily, 24th October 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.