Category: law reports
Regina v Cartwright – Times Law Reports
Court of Appeal (Criminal Division)
“Restrictions imposed on adducing evidence and cross-examination as to a complainant’s sexual history by section 41 of the Youth Justice and Criminal Evidence Act 1999 continued to apply to trials after the coming into force of the Sexual Offences Act 2003, in respect of offences allegedly committed before that date, even though there was no express saving provision to that effect.”
The Times, 6th December 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 M and Another (Minors) – Times Law Reports
House of Lords
“The circumstances under which a court should refuse to order the return of a child who had been abducted from a state subscribing to the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been laid down under the Convention itself and it was neither necessary nor desirable for English courts to add an additional test of ‘exceptionality’ over and above the requirements of the Convention.”
The Times, 6th December 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.
Mobile phone rivals accused of colluding against 3 – The Times
“Britain’s four biggest mobile phone operators used their own industry trade body as a forum for colluding to shut rival 3 out of the UK market, the High Court heard yesterday.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
In re C (A child)(Adoption: Local authority duty) – Times Law Reports
In re C (A child)(Adoption: Local authority duty)
Court of Appeal
“There was no duty on a local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care where mother wished to place the child for adoption.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available on Times Online for 21 days from the date of publication.
McClintock v Department of Constitutional Affairs – Times Law Reports
McClintock v Department of Constitutional Affairs
Employment Appeal Tribunal
“To allow judges to opt out of hearing cases where they disapproved of the law would be an abdication of their responsibilities.”
The Times, 5th December 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.
Sundelind Lopez v Lopez Lizazo – WLR Daily
Sundelind Lopez v Lopez Lizazo (Case C-68/07)
“Arts 6 and 7 of Regulation No 2201/2003 meant that where, in divorce proceedings, a respondent was not habitually resident in and not a national of a member state, the courts of a member state could not base their jurisdiction to hear the petition on their national law, if the courts of another member state had jurisdiction under art 3 of the Regulation.
The Third Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Högsta domstolen, Sweden.”
WLR Daily, 4th December 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 (Paul and others) v Assistant Deputy Coroner of Inner West London – WLR Daily
R (Paul and others) v Assistant Deputy Coroner of Inner West London [2007] EWCA Civ 1259
“R 37 of the Coroners Rules 1984 was a complete code as to when documents could be put directly in evidence by a coroner without calling a witness. Hearsay evidence in documentary form which the coroner considered likely to be disputed could not simply be read to the jury even where the maker of the statement was unable to attend but must be put in evidence by a witness.”
WLR Daily, 3rd December 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 AF – WLR Daily
Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)
“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”
WLR Daily, 3rd December 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 Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily
R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869
“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”
WLR Daily, 3rd December 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.
Aldi Stores Ltd v WSP Group plc and Others – Times Law Reports
Aldi Stores Ltd v WSP Group plc and Others
Court of Appeal
“In complex commercial multiparty litigation, a party wanting to pursue other proceedings but to preserve a right in existing proceedings, had to raise that issue with the court to enable it to express its view on the proper use of resources and the economic and efficient conduct of the litigation.”
The Times, 4th December 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 Massey – Times Law Reports
Court of Appeal (Criminal Division)
“The meaning of ‘control’ for the purposes of the offence of controlling prostitution for gain did not involve the words ‘compulsion’, ‘coercion’ or ‘force’.”
The Times, 4th December 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 v Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily
R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869
“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”
WLR Daily, 3rd December 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 (Law Society) v Legal Services Commission; Dexter Montague and Partners (a Firm) v Same – Times Law Reports
Regina (Law Society) v Legal Services Commission
“The virtually unlimited unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”
The Times, 3rd December 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 (Law Society) v Legal Services Commission; Dexter Montague and Partners (a firm) v Same – WLR Daily
“The unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”
WLR Daily, 30th November 2007
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chandler v Secretary of State for Work and Pensions and Another – WLR Daily
Chandler v Secretary of State for Work and Pensions and Another [2007] EWCA Civ 1211
“Regular payments to an absent parent which came purely out of capital were not income for the purposes of calculating liability for child maintenance. They were not “any other payments or other amounts received on a periodical basis …” for the purposes of para 15 of Sch 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.”
WLR Daily, 30th 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.
BAILII: Recent Decisions
High Court (Commercial Court)
HLB Kidsons (a firm) v Lloyds Underwriters (Policy No 621/PKID00101) & Ors
Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer International Asia Pte Ltd
High Court (Patents Court)
Anning, Re Decision of Comptroller-General of Patents
High Court (Queen’s Bench Division)
Duarte v The Black and Decker Corporation & Anor
Prince Radu of Hohenzollern v Houston & Anor
Jain and Another v Trent Strategic Health Authority – Times Law Reports
Jain and Another v Trent Strategic Health Authority
Court of Appeal
“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”
The Times, 30th 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
