law reports – Page 352 – Current Awareness

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities – WLR Daily

Posted November 9th, 2007 in data protection, EC law, law reports by sally

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities (Case T-194/04)

“A request to the Commission of the European Communities for access to personal data contained in a Commission document could only be refused on the grounds of the privacy and integrity of the persons if such privacy and integrity were capable of being actually and specifically undermined by disclosure, and the applicant did not have to prove that disclosure was necessary.”

WLR Daily, 8th 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.

Daily Telegraph Law Reports, 8th November 2007

Posted November 9th, 2007 in law reports by sally

Evans v. Kosmar Villa Holidays Plc

Kostic v. Chaplin & Others

Negus v. Baghouse

Somerville v. Scottish Ministers

Grundy v. British Airways Plc

Poole & Others v. HM Treasury

Daily Telegraph, 8th November 2007

Source: www.telegraph.co.uk

Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) – WLR Daily

Posted November 9th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v. Republic of Congo (Vitol Services Ltd and others, third parties)

“On the proper construction of s 13 of the Fraud Act 2006, proceedings for the recovery of a debt were ‘ proceedings relating to property’ within the meaning of s 13(3) and bribery, whose essential feature was deception, was an offence involving ‘fraudulent conduct or purpose’ within the meaning of s 13(4) (b).”

WLR Daily, 8th 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.

Wandsworth London Borough Council v Randall – WLR Daily

Posted November 8th, 2007 in housing, law reports by sally

Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126

“Where a council sought an order for possession of a dwelling house let under a secure periodic tenancy under ground 16 of Pt III of Sch 2 to the Housing Act 1985, on the basis that accommodation was more extensive than was reasonably required by the tenant who had succeeded to the tenancy on the death of the original tenant, the relevant date for determining the composition of the successor tenant’s family was not the date of succession, but the date of the possession hearing.”

WLR Daily, 7th 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.

Conn v Sunderland City Council – WLR Daily

Posted November 8th, 2007 in harassment, law reports by sally

Conn v Sunderland City Council

“In determining whether ‘harassment’ had occurred for the purposes of civil proceedings under s 3 of the Protection from Harassment Act 1997 the touchstone was to ask whether the gravity of the misconduct was of an order which would sustain criminal liability under s 2 of the Act.”

WLR Daily, 7th 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.

Seymour v The Queen – WLR Daily

Posted November 8th, 2007 in Bermuda, drug offences, jurisdiction, law reports by sally

Seymour v The Queen [2007] UKPC 59

“A person who had possession of controlled drugs in Bermuda with the intention of supplying them to another person outside the territory of Bermuda, and therefore outside the jurisdiction of Bermudan Courts, did not commit an offence under s 6(3) of the Misuse of Drugs Act 1972 of Bermuda.”

WLR Daily, 5th 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.

Regina v Abdroikov; Regina v Green; Regina v Williamson

Posted November 8th, 2007 in juries, law reports, legal profession, police by sally

Appearance of bias with prosecutor on jury

Regina v Abdroikov; Regina v Green; Regina v Williamson

House of Lords

“In certain circumstances, the inclusion of serving police officers and prosecuting lawyers on a jury might give the appearance that the defendant was not tried by an impartial and independent tribunal and therefore convictions might have to be quashed.”

The Times, 8th 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 v Ulcay – Times Law Reports

Posted November 7th, 2007 in law reports, legal profession by sally

Counsel should soldier on as best they can

Regina v Ulcay

Court of Appeal (Criminal Division)

“If a defendant’s legal representatives considered that they were professionally embarrassed by continuing to conduct his case, the court could not oblige them to do so, but if the difficulty only amounted to insufficient time properly to prepare the case, owing to receiving late instructions, they should comply with their duty to the court by doing the best they could in the circumstances.”

The Times, 7th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availabe free on Times Online for 21 days from the date of publication.

Secretary of State for the Home Department v MB; Same v AF

Posted November 6th, 2007 in control orders, law reports, terrorism by sally

Making control orders compatible

Secretary of State for the Home Department v MB; Same v AF

House of Lords

“Statutory provisions governing the court’s powers in reviewing nonderogating control orders made by the Secretary of State for the Home Department under the Prevention of Terrorism Act 2005 were to be read down in accordance with section 3 of the Human Rights Act 1998 where their effect would otherwise deny the controlled person a fair hearing compatible with article 6.1 of the European Convention on Human Rights.”

The Times, 6th November 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Source: www.timesonline.co.uk

Westminster City Council v Boraliu – WLR Daily

Posted November 5th, 2007 in housing, law reports by sally

Westminster City Council v Boraliu

“The tenancy of a dwelling house granted by the local authority to a homeless person in priority need did not confer a secure tenancy on the tenant even though the local authority had originally taken over a lease of the dwelling house from a private housing association for the purpose of letting it to persons in priority need of housing accommodation.”

WLR Daily, 5th 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.

Secretary of State for the Home Department v JJ and Others – Times Law Reports

Posted November 5th, 2007 in control orders, law reports, terrorism by sally

Home Secretary’s control orders made unlawfully

Secretary of State for the Home Department v JJ and Others

House of Lords

“Non-derogating control orders made by the Secretary of State for the Home Department, which imposed on the controlled persons an 18-hour curfew and closely restricted their social contacts, amounted to a deprivation of liberty, contrary to article 5 of the European Convention on Human Rights, and were accordingly unlawful.”

The Times, 5th 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

Raglan Housing Association Ltd v Alex Patrick Fairclough – WLR Daily

Posted November 2nd, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Alex Patrick Fairclough

“Where a person was arrested for indictable offences occurring before taking up a tenancy and was convicted of them during the course of the tenancy, the landlord was entitled to a possession order under ground 14 of Schedule 2 to the Housing Act 1988.”

WLR Daily, 2nd 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.

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another – WLR Daily

Posted November 2nd, 2007 in inquests, law reports, witnesses by sally

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another[2007] EWHC 2513 (QB)

“When considering a coroner’s application for a witness summons under CPR r 34.4, courts should be wary of trying slavishly to fit that request into the template of civil litigation. A more flexible approach should be taken to such applications due to the inquisitorial nature of a coroner’s inquest and the objectives therein of allaying, or confirming, suspicions and/or making any recommendations for the future.”

WLR Daily, 1st 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.

Secretary of State for the Home Department v E and another – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v E and another [2007] UKHL 47

“It was not a condition precedent to the making or renewal of a non-derogating control order under s 2(1) of the Prevention of Terrorism Act 2005 that the Secretary of State should comply with his duty under s 8 of the Act to consult the relevant chief officer of police as to the realistic prospect of successfully prosecuting the person against whom the order was proposed and should thereafter keep that possibility under review.”

WLR Daily, 1st 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.

Secretary of State for the Home Department v MB; Secretary of State v AF – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46

“Statutory provisions governing the court’s powers in reviewing a non-derogating control order made by the Secretary of State under the Prevention of Terrorism Act 2005 would be read down under s 3 of the Human Rights Act 2007 where their effect would be to deny the proposed subject of the order a fair hearing compatible with art 6 of the European Convention on Human Rights.”

WLR Daily, 1st 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.

Secretary of State for the Home Department v JJ and others – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v JJ and others [2007] UKHL 45

“A non-derogating control order, made by the Secretary of State under s 2 of the Prevention of Terrorism Act 2005, which imposed an 18 hour curfew of the controlled person and closely restricted his social contacts constituted a deprivation of liberty under art 5 of the European Convention on Human Rights; since the Secretary of State had no power under the 2005 Act to make such an order, the proper course was that it should be quashed.”

WLR Daily, 1st 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.

Office of Fair Trading v Lloyds TSB Bank plc and others – WLR Daily

Posted November 2nd, 2007 in consumer credit, consumer protection, law reports by sally

Office of Fair Trading v Lloyds TSB Bank plc and others [2007] UKHL 48

“The right of consumers under s 75(1) of the Consumer Credit Act 1974 to hold United Kingdom credit card companies liable for misrepresentation or breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

WLR Daily, 1st 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.

Lambeth London Borough Council v Onayomake – Times Law Reports

Posted November 2nd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Disproportionate exercise of judicial power

Lambeth London Borough Council v Onayomake

Court of Appeal

“Where a counterclaim had been made on substantial grounds in a possession action, it was a disproportionate exercise of judicial power to strike out a defence and counterclaim when the defendant’s legal representative had failed to file a check list on time.”

The Times, 2nd 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 A; HA v MB (Brussels II revised: article 11(7) application) – Times Law Reports

Posted November 2nd, 2007 in contact orders, jurisdiction, law reports by sally

Seeking child’s return after foreign order

In re A; HA v. MB (Brussels II revised: article 11(7) application)

Family Division

“An order made on an application for contact in England under section 8 of the Children Act 1989 was not a judgment requiring the return of the child from outside the jurisdiction.”

The Times, 2nd 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