Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted May 25th, 2007 in EC law, law reports, waste by sally

Escaped sewage was ‘discarded’ waste

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party Case C-252/05

Court of Justice of the European Communities

“Waste water which accidentally escaped from a sewerage system was discarded by the sewerage management undertaking and was waste within the EC Waste Directive.”

The Times, 25th May 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.

Wolverhampton City Council v. Special Educational Needs and Disability Tribunal and Another – Times Law Reports

Posted May 25th, 2007 in appeals, law reports, local government, special educational needs by sally

Appeal still available

Wolverhampton City Council v. Special Educational Needs and Disabilty Tribunal and Another

Queen’s Bench Division

“Where, even though a local authority’s educational responsibility for a child had lapsed, the council had made a decision to end the statementing of a child then that decision was open to appeal.”

The Times, 25th May 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. Hendy-Freegard – WLR Daily

Posted May 25th, 2007 in kidnapping, law reports, misrepresentation by sally

R v. Hendy-Freegard [2007] EWCA Crim 1236

“The offence of kidnapping was not committed where a defendant, by a fraudulent misrepresentation, induced a person to make a journey which did not deprive him of his liberty.”

WLR Daily, 23rd May 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.

Framlington Group Ltd. and another v. Barnetson – WLR Daily

Posted May 25th, 2007 in contract of employment, law reports, privilege by sally

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

WLR Daily, 24th May 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 Defence v. Pensions Appeal Tribunal – WLR Daily

Posted May 25th, 2007 in appeals, armed forces, law reports, time limits, war pensions by sally

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th May 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 (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

Posted May 25th, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

WLR Daily, 23rd May 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.

Kay v. Commissioner of Police of the Metropolis – WLR Daily

Posted May 25th, 2007 in law reports, police, public order, roads by sally

Kay v. Commissioner of Police of the Metropolis

“Since no fixed route was followed the monthly mass cycle rides through central London could not be considered commonly or customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

WLR Daily, 21st May 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.

House of Lords Judgments: What’s new?

Posted May 24th, 2007 in law reports by sally

Ceredigion County Council (Respondents) v. Jones (FC) and others (FC) (Appellants) [2007] UKHL 24 (23rd May 2007)

Boake Allen Limited and others (Appellants) v. Her Majesty’s Revenue and Customs (Respondents) [2007] UKHL 25 (23rd May 2007)

Source: www.parliament.uk

Daily Telegraph Law Reports, 24th May 2007

Posted May 24th, 2007 in law reports by sally

Edwards v. Edwards & Others

Buckley v. Dalziel & Anr

Lawrence v. Pembrokeshire CC

R (IPCC) v. Chief Constable of West Mercia & Anr

Mead & Anr v. Babington & Anr

Walker v. Birmingham CC

Daily Telegraph, 24th May 2007

Source: www.telegraph.co.u

Please note that the Daily Telegraph Law Reports are only available online for one week.

Regina (Jones) v. Ceredigion County Council (No. 2) – Times Law Reports

Posted May 24th, 2007 in appeals, jurisdiction, law reports by sally

Applicant free not to pursue appeal to House of Lords

Regina (Jones) v. Ceredigion County Council (No. 2)

House of Lords

“Where the House of Lords gave an applicant for a leapfrog appeal from the High Court permission to appeal on terms as to the issues which could be argued or as to costs, it was open to that applicant to decline to proceed and instead to pursue an appeal before the Court of Appeal.”

The Times, 24th May 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. 

Boake Allen Ltd. v. Revenue and Customs Commissioners – Times Law Reports

Posted May 24th, 2007 in corporation tax, double taxation, law reports by sally

Tax statute is not discriminatory

Boake Allen Ltd. v. Revenue and Customs Commissioners

House of Lords

“Section 247 of the Income and Corporation Taxes Act 1988, by denying companies with foreign parents the right to make a group income election allowing a subsidiary company to pay dividends to a parent company free of advance corporation tax, did not infringe the nondiscrimination articles of the double taxation agreements between the United Kingdom and the United States, or between the UK and Japan.”

The Times, 24th May 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 May 23rd, 2007 in law reports by sally

Court of Appeal (Civil Division)

Yewbelle Ltd v London Green Developments Ltd.& Anor> [2007] EWCA Civ 475 (23 May 2007)

Secretary of State for the Foreign & Commonwealth Affairs v Bancoult R. (on the application of) [2007] EWCA Civ 498 (23 May 2007)

Carnegie v Drury [2007] EWCA Civ 497 (23 May 2007)

Secretary of State for the Home Department v Baiai & Ors [2007] EWCA Civ 478 (23 May 2007)

Brunel University & Anor v Webster & Anor [2007] EWCA Civ 482 (22 May 2007)

ERG Raffinerie Mediterranee SPA v Chevron USA Inc (t/a Chevron Texaco Global Trading) [2007] EWCA Civ 494 (22 May 2007)

C Plc v P & Anor [2007] EWCA Civ 493 (22 May 2007)

AJM v County Council [2007] EWCA Civ 496 (22 May 2007)

Kilby, R (on the application of) v Basildon District Council [2007] EWCA Civ 479 (22 May 2007)

Trans-World Investments Ltd v Dadarwalla [2007] EWCA Civ 480 (22 May 2007)

Commissioner of Police for the Metropolis v Kay [2007] EWCA Civ 477 (21 May 2007)

Court of Appeal (Criminal Division)

Musone v R. [2007] EWCA Crim 1237 (23 May 2007)

High Court (Chancery Division)

Morris & Anor v Revenue & Customs [2007] EWHC 1181 (Ch) (23 May 2007)

High Court (Commercial Division)

Great Hill Equity Partners II LP v Novator One LP & Ors [2007] EWHC 1210 (Comm) (22 May 2007)

Fiona Trust Holding Corp & Ors v Privalov & Ors [2007] EWHC 1217 (Comm) (21 May 2007)

European Court of Human Rights

HAGGAN AND MCCAVERY v. THE UNITED KINGDOM – 63176/00 [2007] ECHR 400 (22 May 2007)

MCELROY AND OTHERS v. THE UNITED KINGDOM – 57646/00 [2007] ECHR 401 (22 May 2007)

O’CONNELL AND OTHERS v. THE UNITED KINGDOM – 58370/00 [2007] ECHR 402 (22 May 2007)

Source: www.bailii.org  

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks – WLR Daily

Posted May 23rd, 2007 in law reports, patents by sally

Raytheon Company v. Comptroller General of Patents, Designs and Trade Marks [2007] EWHC 1230 (Pat) 

“The court had a discretion to allow the Comptroller General of Patents, Designs and Trade Marks to raise objections on appeal that had not been maintained before a hearing officer determining whether to grant a patent.”

WLR Daily, 22nd May 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.

Belfast City Council v. Miss Behavin’ Ltd. – WLR Daily

Posted May 23rd, 2007 in law reports, licensing by sally

Belfast City Council v. Miss Behavin’ Ltd. [2007] UKHL 19 

“A licensing authority, in refusing an application for a sex establishment licence, had been entitled to take objections and representations made after the expiry of the prescribed 28-day period into account. Where it had acted fairly and properly exercised its powers its decision was not vitiated by failure to refer specifically to the applicant’s Convention rights.”

WLR Daily, 25th April 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.

C plc and another v. P (Attorney General intervening) – WLR Daily

Posted May 23rd, 2007 in disclosure, law reports, self-incrimination by sally

C plc and another v. P (Attorney General intervening) [2007] EWCA Civ 493 

The common law privilege against self-incrimination could not be invoked in relation to illegal material found on a computer in the execution of a civil search order.”

WLR Daily, 22nd May 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. Barot – Times Law Reports

Posted May 23rd, 2007 in law reports, sentencing, terrorism by sally

Terrorist conspiracy sentence guidelines require review

Regina v. Barot 

Court of Appeal (Criminal Division)

“The level of sentences for terrorist conspiracies and attempts to commit mass murder should be increased.”

The Times, 23rd May 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.

Revenue and Customs Commissioners v. William Grant & Sons Distillers Ltd.; Small (Inspector of Taxes) v. Mars UK Ltd. – WLR Daily

Posted May 22nd, 2007 in corporation tax, law reports by sally

Revenue and Customs Commissioners v. William Grant & Sons Distillers Ltd.; Small (Inspector of Taxes) v. Mars UK Ltd. [2007] UKHL 15

“Where the taxpayer companies carried forward in their tax computations the element of depreciation in fixed assets that related to production of unsold stock as part of the cost of unsold stocks they did not infringe the prohibition of deductions for the depreciation of capital assets in s 74(1)(f) of the Income and Corporation Taxes Act 1988 (as renumbered by s 144(2) of the Finance Act 1994).”

WLR Daily, 28th March 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.

Lay and others v. Drexler and others – WLR Daily

Posted May 22nd, 2007 in landlord & tenant, law reports by sally

Lay and others v. Drexler and others [2007] EWCA Civ 464

“Where a tenant had filed an acknowledgment of service indicating an intention to take a new lease in response to his landlord’s application to the court to grant a new lease under the amended provisions of s 24(1) of the Landlord and Tenant Act 1954, subsequent notice to the court that the tenant no longer wanted a new tenancy was similar to filing of a notice to discontinue a claim for a new lease justifying an order that the tenant should pay the costs of the entire proceedings to the landlord.”

WLR Daily, 18th May 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.

AWB Geneva SA and another v. North America Steamships Ltd. – WLR Daily

Posted May 22nd, 2007 in conflict of laws, insolvency, jurisdiction, law reports by sally

AWB Geneva SA and another v. North America Steamships Ltd. [2007] EWHC 1167 (Comm) 

“A party to a contract that was subject to the exclusive jurisdiction of the English High Court could not restrain the other party’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.”

WLR Daily, 17th May 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.

BBC v. Sugar – Times Law Reports

Posted May 22nd, 2007 in freedom of information, law reports, media by traceydennis

Appeal impossible before decision notice served

BBC v Sugar

Queen’s Bench Division

“There could be no appeal to the Information Tribunal unless the Information Commissioner had decided whether the requirements of Part I of the Freedom of Information Act 2000 had been complied with by a public authority and where a decision notice had been served.”

The Times,  22nd May 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.