Category: law reports

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“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”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

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th 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.

Daily Telegraph Law Reports, 25th October 2007

Posted October 25th, 2007 in law reports by sally

R v. Abdroikov & Other

Dimmock v. Secretary of State for Children, Schools & Families

Johnston v. NEI International Combustion Ltd.; Rothwell v. Chemical & Insulating Co. Ltd.  & Others; Topping v. Benchtown Ltd.; Grieves v. FT Everard & Others

R v. Kennedy

R v. MacFarlane

United Utilities Water Plc v. Environment Agency for England & Wales

Daily Telegraph, 25th October 2007

Source: www.telegraph.co.uk

Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another – Times Law Reports

Posted October 24th, 2007 in industrial injuries, law reports, negligence by sally

Pleural plaques provide no cause of action

Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another

House of Lords

“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment could not sue his employers for negligence.”

The Times, 24th 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.

House of Lords Judgments: What’s new?

Posted October 24th, 2007 in law reports by sally

Yeda Research and Development Company Limited (Appellants) v.Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) [2007] UKHL 43 (24 October 2007)

Somerville (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Blanco (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Henderson (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Ralston (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)(Consolidated Appeals) [2007] UKHL 44 (24 October 2007)

Source: www.parliament.uk

Southwark London Borough Council v Onayomake – WLR Daily

Posted October 23rd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Southwark London Borough Council v Onayomake

“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”

WLR Daily, 22nd 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.

Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports

Posted October 23rd, 2007 in age discrimination, EC law, law reports, retirement by sally

National employment policy justifies age bias

Palacios de la Villa v Cortefiel Servicios SA Case C-411/05

“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”

The Times, 23rd 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.

New Testament Church of God v Stewart – WLR Daily

Posted October 22nd, 2007 in clergy, employment, law reports by sally

 New Testament Church of God v Stewart

“An employment tribunal was not required to approach its consideration of the nature of the relationship between a minister and his church with the presumption that there was no intention to create legal relations.”

WLR Daily, 22nd 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.

R v Massey – WLR Daily

Posted October 22nd, 2007 in law reports, prostitution by sally

R v Massey 

“For the purposes of the offence of controlling prostitution for gain the meaning of ‘control’ did not involve ‘compulsion’, ‘coercion’ or ‘force’.”

WLR Daily, 22nd 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.

Kommunikationsbehörde Austria v Österreichischer Rundfunk (Case C-195/06) – WLR Daily

Posted October 22nd, 2007 in advertising, law reports, media, telecommunications by sally

Kommunikationsbehörde Austria v Österreichischer Rundfunk 

“The offer by a TV broadcaster to viewers to participate in a prize game by immediately dialling a premium rate telephone could constitute ‘teleshopping’ and ‘television advertising’ within Directive 89/552.”

WLR Daily, 22nd 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.

Day v Haine and another – WLR Daily

Posted October 22nd, 2007 in debts, insolvency, law reports, trade unions by sally

Day v Haine and another

“Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”

WLR Daily, 22nd 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.

Bandwidth Shipping Corpn v Intaari – WLR Daily

Posted October 22nd, 2007 in arbitration, law reports by sally

Bandwidth Shipping Corpn v Intaari [2007] EWCA CIV 998

“An application under s 68 of the Arbitration Act 1996 to remit an arbitration award on the grounds of the tribunal’s unfairness faced a high hurdle. If an arbitrator appreciated that a party had missed a point then fairness required the arbitrator to raise it so that the party could deal with it. But where there was no such appreciation it was not unfair to leave it to counsel, particularly highly experienced counsel who showed a detailed knowledge of the case, to take such points as he wished.”

WLR Daily, 22nd 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.

Aspinall’s Club Ltd v Al-Zayat – WLR Daily

Posted October 22nd, 2007 in cheques, gambling, law reports by sally

Aspinall’s Club Ltd v Al-Zayat [2007] EWCA Civ 1001

“A gambling debt which was recoverable at the time it was incurred could later become irrecoverable by the subsequent provision by the gaming club of unlawful credit to the member, which rendered the member’s liabilities on both the dishonoured cheque and the underlying loan illegal and unenforceable under s 16 of the Gaming Act 1968.”

WLR Daily, 22nd 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.


 

Regina v Kennedy (No 2) – Times Law Reports

Posted October 19th, 2007 in drug offences, homicide, law reports by sally

Preparation of heroin syringe does not constitute manslaughter

Regina v. Kennedy (No 2)

House of Lords

“It was never appropriate to find someone guilty of manslaughter where that person had been involved in the supply of a class A controlled drug, which was then freely and voluntarily self-administered by a fully informed and responsible adult to whom it had been supplied, and the administration of the drug then caused his death.”

The Times, 19th 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

Daily Telegraph Law Reports, 18th October 2007

Posted October 18th, 2007 in law reports by sally

Ledger v. Wootton & Anr

Lawntown Ltd. v. Camenzuli & Anr

Holmes v. Holmes

Soulsbury v. Soulsbury

O’Byrne v. Aventis Pasteur SA

Scottish & Southern Energy PLC v. MacKay

Daily Telegraph, 18th October 2007

Source: www.telegraph.co.uk

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

Austin and another v Commissioner of Police of the Metropolis – WLR Daily

Posted October 18th, 2007 in demonstrations, law reports, police, public order by sally

Austin and another v Commissioner of Police of the Metropolis

“In extreme and exceptional circumstances it was lawful for the police to contain demonstrators and members of the public caught up in that demonstration even though they themselves did not appear to be about to commit a breach of the peace, where it was necessary to prevent an imminent breach of the peace by others, and no other means would achieve that.”

WLR Daily, 18th 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.

R v Kennedy (No 2) – WLR Daily

Posted October 18th, 2007 in drug offences, homicide, law reports by sally

R v Kennedy (No 2) [2007] UKHL 38

“The answer to the question ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death?’ was: ‘In a case where the deceased was a fully-informed and responsible adult, never’.”

WLR Daily, 18th 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.

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same – Times Law Report

Posted October 18th, 2007 in human rights, judicial review, law reports, parole, sentencing by sally

Relationship too close for independence of board

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same

Queen’s Bench Divisional Court

“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”

The Times, 18th 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.