law reports – Page 354 – Current Awareness

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th 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 Cartwright – WLR Daily

Posted November 13th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

Regina v Cartwright [2007] EWCA Crim 2581

“The restrictions imposed by s 41 of the Youth Justice and Criminal Evidence Act 1999 on the calling of evidence of, and cross-examination as to, complainants’ sexual history applied to trials conducted after the coming into force of the Sexual Offences Act 2003, in respect of sexual offences allegedly committed before that date, even though the latter statute failed to contain a saving provision specifically to that effect.”

WLR Daily, 7th 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.

Hawkes v Cuddy and Others – Times Law Reports

Posted November 13th, 2007 in company directors, declaratory judgment, insolvency, law reports by sally

Judge’s order inappropriate

Hawkes v Cuddy and Others

Court of Appeal

“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”

The Times, 13th 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.

Secretary of State for the Home Department v E and Another – Times Law Reports

Posted November 13th, 2007 in control orders, law reports, terrorism by sally

Home Secretary did not breach control order duty

Secretary of State for the Home Department v E and Another

House of Lords

“It was not a condition precedent to the making or renewal of a nonderogating control order that the Secretary of State for the Home Department should comply with his duty to keep under review the prospect of successfully prosecuting the controlled person for a terrorism-related activity.”

The Times, 13th 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.

House of Lords Judgments: What’s new?

Posted November 12th, 2007 in law reports by sally

Secretary of State for the Home Department (Appellant) v. JJ and others (FC) (Respondents) [2007] UKHL 45 (31 October 2007)

Secretary of State for the Home Department v. MB (FC) (Appellant) [2007] UKHL 46 (31 October 2007)

Secretary of State for the Home Department Respondent v. E and another (Appellant) [2007] UKHL 47 (31 October 2007)

Office of Fair Trading (Respondents) v Lloyds TSB Bank plc and others (Appellants) and others (Respondents) [2007] UKHL 48 (31 October 2007)

Source: www.parliament.uk

Harouki v Kensington and Chelsea London Borough Council – Times Law Reports

Posted November 12th, 2007 in homelessness, housing, law reports by sally

Unlawful housing reasonable

Harouki v Kensington and Chelsea London Borough Council

Court of Appeal

“Where a tenant applied to be treated as homeless because where she lived with her family was statutorily overcrowded, and occupation of such accommodation was a summary offence under section 327 of the Housing Act 1985, the housing authority was entitled to conclude, having regard to local conditions, that it would not be unreasonable for the family to stay there.”

The Times, 12th 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.

Office of Fair Trading v Lloyds TSB Bank plc and Others – Times Law Reports

Posted November 12th, 2007 in consumer credit, consumer protection, extraterritoriality, law reports by sally

Credit card protection is extra-territorial

Office of Fair Trading v Lloyds TSB Bank plc and Others

House of Lords

“The right of consumers to hold United Kingdom credit card companies liable for a breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

The Times, 12th 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 9th, 2007 in law reports by sally

High Court (Administrative Court)

Rumbold v The General Medical Council [2007] EWHC 2569 (Admin) (09 November 2007)

Hardman, R (on the application of) v The Social Security and Child Support Commissioners & Anor [2007] EWHC 2437 (Admin) (09 November 2007)

LT and DT v City & County of Cardiff & Anor [2007] EWHC 2568 (Admin) (09 November 2007)

Shore v Sedgwick Financial Services Ltd & Ors [2007] EWHC 2509 (Admin) (08 November 2007)

Casey, R (on the application of) v Restormel Borough Council [2007] EWHC 2554 (Admin) (07 November 2007)

Mpasi, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 2562 (Admin) (07 November 2007)

Residents Against Waste Site Ltd v Lancashire County Council & Anor [2007] EWHC 2558 (Admin) (07 November 2007)

Hill v Bedfordshre County Council [2007] EWHC 2435 (Admin) (02 November 2007)

Brinsons (a firm), R (on the application of) v Financial Ombudsman Service Ltd. [2007] EWHC 2534 (Admin) (02 November 2007)

Hertfordshire County Council v National Grid Gas plc [2007] EWHC 2535 (Admin) (02 November 2007)

High Court (Chancery Division)

Hicks v Russell Jones & Walker [2007] EWHC 2545 (Ch) (05 November 2007)

High Court (Commercial Court)

Outokumpu Stainless Ltd v AXA Global Risks (UK) Ltd & Ors [2007] EWHC 2555 (Comm) (08 November 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 9th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 (07 November 2007)

Kensington International Ltd v Republic of Congo [2007] EWCA Civ 1128 (07 November 2007)

Wandsworth v Randall [2007] EWCA Civ 1126 (07 November 2007)

Winter & Anor v Traditional & Contemporary Contracts Ltd [2007] EWCA Civ 1088 (07 November 2007)

London Borough of Southwark v Dennett [2007] EWCA Civ 1091 (07 November 2007)

Albon (t/a NA Carriage CO) v Naza Motor Trading SDN BHD [2007] EWCA Civ 1124 (06 November 2007)

Khan & Anor v The Home Office [2007] EWCA Civ 1092 (05 November 2007)

Home Office v Evans & Anor [2007] EWCA Civ 1089 (02 November 2007)

Vaughan v Vaughan [2007] EWCA Civ 1085 (02 November 2007)

Couronne & Ors v Bontemps & Ors [2007] EWCA Civ 1086 (02 November 2007)

Harrold v North Bristol NHS Trust [2007] EWCA Civ 1090 (02 November 2007)

Warwickshire County Council v M & Ors [2007] EWCA Civ 1084 (01 November 2007)

Raglan Housing Association Ltd. v Fairclough [2007] EWCA Civ 1087 (01 November 2007)

Court of Appeal (Criminal Division)

Cartwright, R v [2007] EWCA Crim 2581 (07 November 2007)

H v R. [2007] EWCA Crim 2622 (07 November 2007)

Source: www.bailii.org

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.