Category: law reports

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

Daily Telegraph Law Reports, 31st October 2007

Posted November 1st, 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, 31st October 2007

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 31st, 2007 in law reports by sally

Court of Appeal (Civil Division) 

MN (Rwanda) v Secretary of State for the Home Department [2007] EWCA Civ 1064 (30 October 2007)

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065 (30 October 2007)

Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG [2007] EWCA Civ 1066 (30 October 2007)

High Court (Chancery Division)

Thorner v Curtis & Ors [2007] EWHC 2422 (Ch) (26 October 2007)

Hardy & Ors v Fowle & Anor [2007] EWHC 2423 (Ch) (26 October 2007)

Franses v Al Assad & Ors [2007] EWHC 2442 (Ch) (26 October 2007)

Source: www.bailii.org

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Posted October 31st, 2007 in arbitration, law reports by sally

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st 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.

Aspinall’s Club Ltd v Al-Zayat – Times Law Reports

Posted October 31st, 2007 in cheques, gambling, law reports by sally

Gambling cheque defence might be valid

Aspinall’s Club Ltd v Al-Zayat

Court of Appeal

“A gambling debt which was recoverable when it was incurred, could later become irrecoverable if the gaming club had extended credit to a member contrary to law; that unlawful provision of credit rendered the member’s liabilities on both a dishonoured cheque and the underlying loan illegal and unenforceable.”

The Times, 31st 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 (Faithfull) v Crown Court at Ipswich – WLR Daily

Posted October 31st, 2007 in compensation, confiscation, judicial review, law reports by sally

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th 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.

BAILII: Recent Decisions

Posted October 30th, 2007 in law reports by sally

High Court (Chancery Division)

The Stax Claimants Claimants v Bank of Novia Scotia Channel Islands Ltd & Ors [2007] EWHC 2438 (Ch) (24 October 2007)

Lexi Holdings Plc v Luqman & Ors [2007] EWHC 2355 (Ch) (19 October 2007)

Hill Street Services Company Ltd v National Westminster Bank Plc & Anor [2007] EWHC 2379 (Ch) (19 October 2007)

British Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor [2007] EWHC 2245 (Ch) (19 October 2007)

Jules Rimet Cup Ltd. v The Football Association Ltd. [2007] EWHC 2376 (Ch) (18 October 2007)

High Court (Commercial Court)

Limit No 2 Ltd v AXA Versicherung AG [2007] EWHC 2321 (Comm) (17 October 2007)

CTI Group Inc v Transclear SA [2007] EWHC 2340 (Comm) (17 October 2007)

High Court (Queen’s Bench Division)

Sheffield Wednesday Football Club Ltd & Ors v Hargreaves [2007] EWHC 2375 (QB) (18 October 2007)

Source: www.bailii.org

Regina v Clark – Times Law Reports

Posted October 30th, 2007 in adjournment, law reports by sally

Judge’s case management decision can be appealed

Regina v Clark

Court of Appeal (Criminal Division)

“A refusal by a trial judge to order an adjournment before trial, or indeed at any time before the start of the summing-up, was a case management decision which could constitute a terminating ruling against which a prosecutor could appeal.”

The Times, 29th 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.

Austin and Another v Commissioner of Police of the Metropolis – Times Law Reports

Posted October 30th, 2007 in demonstrations, law reports, police, public order by sally

Police had good defence to unlawful detention claim

Austin and Another v Commissioner of Police of the Metropolis

Court of Appeal

“It was lawful only in extreme and exceptional circumstances for the police to contain demonstrators and members of the public caught up in that demonstration who themselves did not appear to be about to commit a breach of the peace. Containment was lawful only where it was necessary to prevent others from committing an imminent breach of the peace and there was no other way to achieve that.”

The Times, 29th 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.