Law reports in appeal papers
Employment Appeal Tribunal
“When lodging copies of authorities for the purposes of an appeal to the appeal tribunal, parties should ensure that where cases had been reported, those reports were copied in the bundle of authorities.”
The Times, 11th 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.
Tax relief breaks EU law
Schwarz and Another v Finanzamt Bergisch Gladbach
Court of Justice of the European Communities
“The German law whereby tax relief on private school fees was available only for German schools was contrary to Community law.”
The Times, 11th 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 (Lawson) v Stafford Magistrates’ Court
R (Hadfield) v Manchester Crown Court
Stenson & Others v West Dunbartonshire Council
R (Walton) v Commission for Social Care Inspection
Daily Telegraph, 11th October 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are only available online for one week.
Loyalty points operator is entitled to VAT credit
Loyalty Management UK Ltd v Revenue and Customs Commissioners
Court of Appeal
“The supply of goods or services made by the dealer or redeemer of consumer loyalty points to the collector or customer was, for the purpose of value-added tax, the supply of goods or services by the dealer to the operator of the scheme, who was therefore entitled to tax credits from the Revenue in respect of that supply or service.”
The Times, 10th 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.
Power to restrict carer’s place of residence is exceptional
Court of Appeal
“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”
The Times, 10th 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.
Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928
“The supply of goods or services by a retailer when redeeming loyalty points collected by a customer under the Nectar Loyalty Scheme was, for VAT purposes, a supply of “redemption services” to the scheme operator, as well as of goods and services to the customer, and the scheme operator was therefore entitled to input tax credit on its payments, by way of a “service charge”, to the retailer.”
WLR Daily, 9th 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.
Lloyd’s not a public officer
Court of Appeal
“The Society of Lloyd’s was not a public officer for the purposes of the tort of misfeasance in public office.”
The Times, 9th 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
Challenge to doubling of air passenger duty fails
Regina (Federation of Tour Operators and Others) v. HM Treasury and Others
Queen’s Bench Division
“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”
The Times, 9th 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
1824 Act is used with caution
JL (a Youth) v. Director of Public Prosecutions
Queen’s Bench Division
“An accused was deemed a rogue and vagabond where he had been discovered in an enclosed yard and had criminal conduct in mind.”
The Times, 8th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from teh date of publication
Balancing mobile phone risks against benefits
In re St Peter and St Paul, Chingford
Court of Appeal
“In carrying out the balancing exercise necessary when considering whether to grant a faculty which would facilitate mobile telephone network coverage, it was necessary not to lose sight of the great benefits that had flowed from the introduction of the new technology when assessing the risk from evildoers.”
The Times, 8th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online from 21days from the date of publication
Additional facts inadmissible in extradition
Edwards v Government of United States of America
“In deciding whether there was dual criminality in extradition, the domestic court was confined to the facts alleged in the offence specified in the extradition request.”
The Times, 5th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only avaialble free on Times Online for 21 days from the date of publication.
VAT relief only if goods physically move out of member state
Regina (Teleos plc and Others) v Commissioners of Customs and Excise
“A supply of goods qualified as an intra-Community supply of goods that in principle was exempt from value-added tax only if the goods physically moved from the EC member state of dispatch to the destination state.”
The Times, 5th 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.
High Court (Administrative Court)
Abu Rideh v Secretary of State for the Home Department [2007] EWHC 2237 (Admin) (04 October 2007)
High Court (Chancery Division)
Hogg v Hogg & Anor [2007] EWHC 2240 (Ch) (04 October 2007)
Doughty Hanson & Co Ltd v Roe [2007] EWHC 2212 (Ch) (04 October 2007)
HM Revenue & Customs v Mills [2007] EWHC 2241 (Ch) (04 October 2007)
Siemens Schweiz AG v Thorn Security Ltd [2007] EWHC 2242 (Ch) (04 October 2007)
Source: www.bailii.org
Oysterfleet Hotel plc v. Secretary of State for Communities and Local Government
Curtis v. Revenue & Customs Commissioners
Middlesbrough BC v. Surtees & Others
Redcar & Cleveland BC v. Bainbridge & Others
Winchester CC v. Secretary of State for Communities and Local Government & Anr
Daily Telegraph, 4th October 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are available online for one week only.
Divorce pending appeal valid
“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”
The Times, 4th 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.
Celebrities enjoy no extra right to privacy
Murray v Express Newspapers plc and Another
“Where an individual was engaged in innocuous, routine activity in a public place, such as a street, that activity attracted no right or expectation of privacy and, accordingly, there was no prohibition on the taking or publishing of photographs of famous people engaged in such activity in a public place unless there were special circumstances such as harassment or distress caused to the individual.”
The Times, 4th 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.
“Routine activities conducted in a public place, such as walking down the street or visiting the shops, did not attract any reasonable expectation or guarantee of privacy so that an individual who had been photographed in a public place could not rely on the right to respect for his private and family life under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, absent some other special circumstance such as harassment or distress.”
WLR Daily, 7th August 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 (Teleos and others) v Customs and Excise Commissioners
“There could only be an intra-Community acquisition and supply of goods if the goods actually left the territory of the Member State of supply, but where the goods were fraudulently retained in that State, the supplier could not be made liable for VAT if he was unaware of the fraud and had taken all reasonable steps to ensure that he was not participating in tax evasion.”
WLR Daily, 1st 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.
State’s duty to investigate
Regina (JL) (a Youth) v. Secretary of State for the Home Department
Court of Appeal
“Where there was a near death or death in custody the state was obliged to investigate the facts and explain. It was not for the victim or family to establish some arguable case before that investigation took place.”
The Times, 2nd 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
When hearsay evidence can be admitted
Regina v. Cole; Regina v. Keets
Court of Appeal (Criminal Division)
“The hearsay evidence of a witness who could not be cross-examined could be admitted in evidence, even where it was the sole or the decisive evidence against a defendant, if that was compatible with a fair trial.”
The Times, 2nd October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 ays from the date of publication
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