House of Lords Judgments: What’s new?
Source: www.parliament.uk
Category: law reports
Southwark London Borough Council v Onayomake – WLR Daily
Southwark London Borough Council v Onayomake
“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”
WLR Daily, 22nd 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.
Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports
National employment policy justifies age bias
Palacios de la Villa v Cortefiel Servicios SA Case C-411/05
“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”
The Times, 23rd 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.
New Testament Church of God v Stewart – WLR Daily
New Testament Church of God v Stewart
“An employment tribunal was not required to approach its consideration of the nature of the relationship between a minister and his church with the presumption that there was no intention to create legal relations.”
WLR Daily, 22nd 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 Massey – WLR Daily
“For the purposes of the offence of controlling prostitution for gain the meaning of ‘control’ did not involve ‘compulsion’, ‘coercion’ or ‘force’.”
WLR Daily, 22nd 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.
Kommunikationsbehörde Austria v Österreichischer Rundfunk (Case C-195/06) – WLR Daily
Kommunikationsbehörde Austria v Österreichischer Rundfunk
“The offer by a TV broadcaster to viewers to participate in a prize game by immediately dialling a premium rate telephone could constitute ‘teleshopping’ and ‘television advertising’ within Directive 89/552.”
WLR Daily, 22nd 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.
Day v Haine and another – WLR Daily
“Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”
WLR Daily, 22nd 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.
Bandwidth Shipping Corpn v Intaari – WLR Daily
Bandwidth Shipping Corpn v Intaari [2007] EWCA CIV 998
“An application under s 68 of the Arbitration Act 1996 to remit an arbitration award on the grounds of the tribunal’s unfairness faced a high hurdle. If an arbitrator appreciated that a party had missed a point then fairness required the arbitrator to raise it so that the party could deal with it. But where there was no such appreciation it was not unfair to leave it to counsel, particularly highly experienced counsel who showed a detailed knowledge of the case, to take such points as he wished.”
WLR Daily, 22nd 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.
Aspinall’s Club Ltd v Al-Zayat – WLR Daily
Aspinall’s Club Ltd v Al-Zayat [2007] EWCA Civ 1001
“A gambling debt which was recoverable at the time it was incurred could later become irrecoverable by the subsequent provision by the gaming club of unlawful credit to the member, which rendered the member’s liabilities on both the dishonoured cheque and the underlying loan illegal and unenforceable under s 16 of the Gaming Act 1968.”
WLR Daily, 22nd 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.
Regina v Kennedy (No 2) – Times Law Reports
Preparation of heroin syringe does not constitute manslaughter
House of Lords
“It was never appropriate to find someone guilty of manslaughter where that person had been involved in the supply of a class A controlled drug, which was then freely and voluntarily self-administered by a fully informed and responsible adult to whom it had been supplied, and the administration of the drug then caused his death.”
The Times, 19th 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
Daily Telegraph Law Reports, 18th October 2007
Lawntown Ltd. v. Camenzuli & Anr
Scottish & Southern Energy PLC v. MacKay
Daily Telegraph, 18th October 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are only available online for one week.
Austin and another v Commissioner of Police of the Metropolis – WLR Daily
Austin and another v Commissioner of Police of the Metropolis
“In extreme and exceptional circumstances it was lawful for the police to contain demonstrators and members of the public caught up in that demonstration even though they themselves did not appear to be about to commit a breach of the peace, where it was necessary to prevent an imminent breach of the peace by others, and no other means would achieve that.”
WLR Daily, 18th 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 Kennedy (No 2) – WLR Daily
R v Kennedy (No 2) [2007] UKHL 38
“The answer to the question ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death?’ was: ‘In a case where the deceased was a fully-informed and responsible adult, never’.”
WLR Daily, 18th 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.
Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same – Times Law Report
Relationship too close for independence of board
Queen’s Bench Divisional Court
“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”
The Times, 18th 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.
Palacios de la Villa v Cortefiel Servicios SA – WLR Daily
Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)
“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”
WLR Daily, 16th 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 Abdroikov; R v Green; R v Williamson – WLR Daily
R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37
“The principle that justice should not only be done but should be seen to be done and that a defendant had a right to be tried by an independent and impartial tribunal might in certain circumstances be violated when a serving police officer or a lawyer employed by a prosecuting authority was a member of a jury.”
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.
Wester v Borland – WLR Daily
“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
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
“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
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.
