Category: law reports

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. 

In re LM (Reporting restrictions: Coroner’s inquest) – Times Law Reports

Posted November 20th, 2007 in inquests, law reports, reporting restrictions by sally

In re LM (Reporting restrictions: Coroner’s inquest)

Family Division

“Coroner’s inquests were court proceedings subject to the same principles and limitations governing other courts.”

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.

New Testament Church of God v Stewart – Times Law Reports

Posted November 20th, 2007 in clergy, employment, law reports by sally

New Testament Church of God v Stewart

Court of Appeal

“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.”

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.

BAILII: Recent Decisions

Posted November 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Pattrick & Anor v Marley Estates Management [2007] EWCA Civ 1176 (15 November 2007)

George v R [2007] EWCA Crim 2722 (15 November 2007)

Sumukan Ltd v Commonwealth Secretariat Rev 1 [2007] EWCA Civ 1148 (15 November 2007)

Taylor Walton (a firm) v Laing [2007] EWCA Civ 1146 (15 November 2007)

Davey v Aylesbury Vale District Council [2007] EWCA Civ 1166 (15 November 2007)

El-Farargy v El Farargy & Ors [2007] EWCA Civ 1149 (15 November 2007)

Court of Appeal (Criminal Division)

Nadarajah v R [2007] EWCA Crim 2688 (16 November 2007)

George v R [2007] EWCA Crim 2722 (15 November 2007)

High Court (Administrative Court)

Mucelli v Albania & Anor [2007] EWHC 2632 (Admin) (15 November 2007)

High Court (Chancery Division)

HM Revenue & Customs v The Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch) (15 November 2007)

Secretary of State for Trade & Industry v Vohora & Anor [2007] EWHC 2656 (Ch) (15 November 2007)

Ridgwell & Ors v Ridgwell & Ors [2007] EWHC 2666 (Ch) (14 November 2007)

Meretz Investments NV & Anor v ACP Ltd & Ors [2007] EWHC 2635 (Ch) (14 November 2007)

Wobben v Vestas-Celtic Wind Technology Ltd [2007] EWHC 2636 (Pat) (14 November 2007)

New ISG Ltd v Vernon & Ors [2007] EWHC 2665 (Ch) (14 November 2007)

Dadourian Group International Inc & Ors v Simms & Ors [2007] EWHC 2634 (Ch) (14 November 2007)

High Court (Commercial Court)

Grosvenor Casinos Ltd. v National Bank of Abu Dhabi [2007] EWHC 2600 (Comm) (14 November 2007)

High Court (Patents Court)

DLP Ltd, Re UK Intellectual Property Office Decision [2007] EWHC 2669 (Pat) (16 November 2007)

Source: www.bailii.org

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – Times Law Reports

Posted November 19th, 2007 in children, homelessness, law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council

Court of Appeal

“A shared residence order made by a family court in uncontested proceedings did not determine the question whether a parent in whose favour the order was made had a priority need for housing as a homeless person with dependent children who might reasonably be expected to reside with him.”

The Times, 19th 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.

O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports

Posted November 19th, 2007 in law reports, substitution, time limits by sally

O’Byrne v Aventis Pasteur MSD Ltd

Court of Appeal

“Where a claimant had made a mistake about the name but not the identity of the defendant, that name could be substituted after the expiry of the limitation period, where substitution was necessary required in order to determine the original action.”

The Times, 19th 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.

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted November 19th, 2007 in asylum, law reports, Sudan by sally

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening)

“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 the starting point of the assessment had to be consideration of conditions prevailing in the area from where the claimant had fled. 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.”

WLR Daily, 16th 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.