Category: law reports

Wester v Borland – WLR Daily

Posted October 18th, 2007 in law reports, trusts by sally

Wester v Borland

“A trustee seeking to exercise his power of lien over a trust fund had to demonstrate that there were substantial grounds upon which to do so and that he had taken all reasonable steps to ascertain his liability. Once he had done that it was for the beneficiaries to demonstrate that those grounds did not exist.”

WLR Daily, 15th 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.

United Utilities Water plc v Environment Agency for England and Wales – WLR Daily

Posted October 18th, 2007 in environmental protection, law reports, waste by sally

United Utilities Water plc v Environment Agency for England and Wales [2007] UKHL 41

“The requirement for a permit to operate waste water treatment plants which disposed of non-hazardous water waste applied to plants where intermediate treatment took place prior to its transportation to another installation for further treatment and disposal. The House of Lords so held in dismissing an appeal by United Utilities Water plc against the decision of the Court of Appeal (Sir Anthony Clarke, MR, Laws and Smith LJJ) [2006] EWCA Civ 633 upholding an order of Nelson J that United Utilities required a permit from the Environment Agency for England and Wales for sludge treatment plants at Bolton, Davyhulme and Widnes.”

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.

Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another – WLR Daily

Posted October 18th, 2007 in industrial injuries, law reports, negligence by sally

Rothwell v Chemical and Insulating Co Ltd and another; Topping v Bench Town Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F T Everard & Sons Ltd and another [2007] UKHL 39

“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 because the presence of pleural plaques did not constitute actionable damage. Although pleural plaques indicated the presence in the lungs and pleura of asbestos fibres which could cause other life-threatening diseases such as asbestosis or mesothelioma, the risk of future illness was not actionable, neither was a psychiatric illness caused by the contemplation of that risk, and those three factors could not be aggregated so as to give rise to a cause of action.”

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.

Moncrieff and another v Jamieson and others – WLR Daily

Posted October 18th, 2007 in law reports, parking, Scotland, servitudes by sally

Moncrieff and another v Jamieson and others [2007] UKHL 42

“A servitude right to park vehicles, where necessary for the comfortable use and enjoyment of a right of vehicular access, was capable of being constituted in the law of Scotland as ancillary thereto.”

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.

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily

Posted October 18th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40

“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”

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.

House of Lords Judgments: What’s new?

Posted October 18th, 2007 in law reports by sally

R v. Abdroikof (Appellant) and another (On Appeal from the Court of Appeal (Criminal Division)) R v. Abdroikof and another (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) R v. Williamson (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (Conjoined Appeals) [2007] UKHL 37

R v. Kennedy (On Appeal from the Court of Appeal (Criminal Division) [2007] UKHL 38

Johnston (Original Appellant and Cross-respondent) v. NEI International Combustion Limited (Original Respondents and Cross-appellants) Rothwell (Original Appellant and Cross-respondent) v. Chemical and Insulating Company Limited and others (Original Respondents and Cross-appellants) Topping (Original Appellant and Cross-respondent) v. Benchtown Limited (formerly Jones Bros Preston Limited (Original Respondents and Cross-appellants) (Conjoined Appeals) Grieves (Appellant) v. F T Everard & Sons and others (Respondents) [2007] UKHL 39

Premium Nafta Products Limited (20th Defendant) and others (Respondents) v. Fili Shipping Company Limited (14th Claimant) and others (Appellants) [2007] UKHL 40

United Utilities Water plc (Appellants) v. Environment Agency for England and Wales (Respondents) [2007] UKHL 41

Moncrieff and another (Respondents) v. Jamieson and others (Appellants) (Scotland) [2007] UKHL 42

Source: www.parliament.uk

Procter and Gamble v Reckitt Benckiser (UK) Ltd – Times Law Reports

Posted October 17th, 2007 in Community designs, EC law, law reports by sally

Whether Community design is infringed

Procter and Gamble v Reckitt Benckiser (UK) Ltd

Court of Appeal

“In determining whether there had been infringement of a registered European Community design, the court was obliged to adopt the standpoint of an informed user, who was more discriminating than the average consumer and was fairly familiar with design issues.”

The Times, 17th 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.

Bee v Jenson (No 2) – Times Law Reports

Posted October 17th, 2007 in damages, law reports, negligence by sally

Motorist can reclaim cost of hire car after accident

Bee v Jenson (No 2)

Court of Appeal

“A claimant whose car had been damaged by the defendant’s negligence could recover the reasonable cost of a replacement while his own car was being repaired even though the cost of that hire had been paid directly to the hire company by the claimant’s own insurers rather than by the claimant himself.”

The Times, 17th 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 16th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Austin & Anor v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 (15 October 2007)

L’Oreal SA & Ors v Bellure NV & Ors [2007] EWCA Civ 968 (10 October 2007)

Holmes-Moorhouse v London Borough of Richmond-Upon-Thames [2007] EWCA Civ 970 (10 October 2007)

Procter & Gamble Company v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936 (10 October 2007)

Charman v Orion Group Publishing Group Ltd & Ors [2007] EWCA Civ 972 (10 October 2007)

Lawntown Ltd v Camenzuli & Anor [2007] EWCA Civ 949 (10 October 2007)

O’Byrne v Aventis Pasteur SA [2007] EWCA Civ 939 (09 October 2007)

Court of Appeal (Criminal Division)

Macfarlane, R. v [2007] EWCA Crim 2293 (12 October 2007)

Coleman & Anor v R [2007] EWCA Crim 2318 (10 October 2007)

High Court (Administrative Court)

Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin) (15 October 2007)

Dimmock v Secretary of State for Education & Skills [2007] EWHC 2288 (Admin) (10 October 2007)

Knight, R (on the application of) v HM Comptroller-General of Patents, Trade Marks & Designs [2007] EWHC 2264 (Admin) (09 October 2007)

High Court (Chancery Division)

Kostic v Chaplin & Ors [2007] EWHC 2298 (Ch) (15 October 2007)

Teva Pharmaceutical Industries Ltd & Anor v Merrell Pharmaceuticals Inc & Anor [2007] EWHC 2276 (Ch) (12 October 2007)

The Law Debenture Trust Corporation Plc v Concord Trust & Ors [2007] EWHC 2255 (Ch) (12 October 2007)

Oxford Legal Group Ltd v Sibbasbridge Services Plc & Anor [2007] EWHC 2265 (Ch) (09 October 2007)

Dellar v Zivy & Ors [2007] EWHC 2266 (Ch) (09 October 2007)

High Court (Commercial Court)

Pacific Maritime (Asia) Ltd. v Holystone Overseas Ltd. [2007] EWHC 2319 (Comm) (11 October 2007)

ED & F Man Sugar Ltd v Lendoudis [2007] EWHC 2268 (Comm) (10 October 2007)

Source: www.bailii.org

In re A (a Child) (Duty to seek reasons) – Times Law Reports

Posted October 16th, 2007 in appeals, child abuse, judgments, law reports, reasons by sally

Counsel should seek reasons

In re A (a Child) (Duty to seek reasons)

Court of Appeal

“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”

The Times, 16th 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.

SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports

Posted October 16th, 2007 in costs, disclosure, law reports by sally

Paying other party’s costs

SES Contracting Ltd and Another v UK Coal plc and Others

Court of Appeal

“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”

The Times, 16th 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 Hamilton – Times Law Reports

Posted October 16th, 2007 in law reports, outraging public decency by sally

Elements of outraging public decency

Regina v Hamilton

Court of Appeal (Criminal Division)

“The two-person rule applicable to the common-law offence of outraging public decency was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”

The Times, 16th 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. 

Rampion and another v Franfinance SA and another – WLR Daily

Posted October 15th, 2007 in consumer credit, EC law, law reports by sally

Rampion and another v Franfinance SA and another (Case C-429/05)

“A consumer’s right under certain conditions, under art 11(2) of Directive 87/102 on consumer credit, to pursue remedies against the provider of finance to him under a credit agreement, applied to a credit facility allowing credit on a number of occasions as well as credit for a single transaction, and the right could not be made conditional on the prior offer of credit naming the goods or services being financed.”

WLR Daily, 4th 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.

Freeport plc v Arnoldsson (Case C-98/06) – WLR Daily

Posted October 12th, 2007 in conflict of laws, jurisdiction, law reports by sally

Freeport plc v Arnoldsson (Case C-98/06)

“The fact that claims brought against a number of defendants had different legal bases did not preclude application of the provision in art 6(1) of Regulation 44/2001 (the successor to the Brussels Convention of 1968) that in certain circumstances multiple defendants could be sued in the courts of the domicile of any of them.”

WLR Daily, 11th 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.

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – WLR Daily

Posted October 12th, 2007 in law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council [2007] EWCA Civ 970

“An uncontested order for shared residence made by consent by a judge in family proceedings was not determinative of the issue whether it was reasonable to expect the children whose residence was the subject of the order to live with the parent in whose favour it was made.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

Please note once as case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th 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.

Soulsbury v Soulsbury – WLR Daily

Posted October 12th, 2007 in divorce, law reports, periodical payments, wills by sally

Soulsbury v Soulsbury [2007] EWCA Civ 938

“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”

WLR Daily, 10th 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.

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd – WLR Daily

Posted October 12th, 2007 in Community designs, EC law, law reports by sally

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936

“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”

WLR Daily, 10th 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 Clark – WLR Daily

Posted October 11th, 2007 in adjournment, law reports by sally

R v Clark

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

WLR Daily, 10th 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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted October 11th, 2007 in law reports, limitations, substitution by sally

O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939

“A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.”

WLR Daily, 10th 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.