Ishtiaq v. Secretary of State for the Home Department – Times Law Reports

Posted May 22nd, 2007 in immigration, law reports by traceydennis

Room for caseworker’s discretion

Ishtiaq v Secretary of State for the Home Department

Court of Appeal

“A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down.”

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.

Edwards v. Golding – Times Law Reports

Posted May 22nd, 2007 in defamation, law reports by traceydennis

Libel author’s identity irrelevant

Edwards v Golding

Court of Appeal

“In defamation cases a cause of action accrued for limitation purposes even if the claimant was unaware of the identity of the relevant author.”

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.

Eyres v. Atkinsons Kitchens and Bedrooms Ltd. – Times Law Reports

Posted May 21st, 2007 in law reports, negligence by sally

Micro-sleep cause of accident

Eyres v. Atkinsons Kitchen and Bedrooms Ltd. 

Court of Appeal

“A kitchen fitter who suffered serious injuries in crashing his employer’s van caused by a micro-sleep after being awake for 19 hours would be one third responsible for the accident.”

The Times, 21st 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.

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

Posted May 21st, 2007 in control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v. E [2007] EWCA Civ 459

“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Home Secretary complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”

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.

Housden and another v. the Conservators of Wimbledon and Putney Commons – WLR Daily

Posted May 21st, 2007 in easements, law reports by sally

Housden and another v. the Conservators of Wimbledon and Putney Commons

“Where the capacity or power of the servient owner derived from a statute which rendered it unlawful for him to grant a particular easement no such right could be acquired by prescription under s 2 of the Prescription Act 1832.”

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.

Practice Direction (Criminal Proceedings: Further Directions) – WLR Daily

Posted May 21st, 2007 in law reports, practice directions by sally

Practice Direction (Criminal Proceedings: Further Directions)

“Text to be inserted into Parts III and IV of Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 (‘the consolidated criminal practice direction’) and the forms which were to be added to Annex D and Annex E were set out. The amendments were to take effect on 2 April 2007 when the Criminal Procedure (Amendment) Rules 2007 (SI 2007/699) came into force.”

WLR Daily, 30th 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.

Lawrence v. Pembrokeshire County Council – WLR Daily

Posted May 18th, 2007 in child abuse, duty of care, law reports, local government by sally

Lawrence v. Pembrokeshire County Council [2007] EWCA Civ 446

“The Human Rights Act 1998 did not give rise to a duty of care to the parent of a child on the part of a local authority when exercising, through social workers, its duty to protect children from abuse. The local authority’s principal duty was to the child in need of protection, and there were powerful public policy reasons for not having a duty of care to the parents. There was no reason to treat social workers in this context any differently from policemen or doctors who were not subject to such a duty of care.”

WLR Daily, 14th 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.

Dunwoody Sports Marketing v. Prescott – WLR Daily

Posted May 18th, 2007 in civil procedure rules, law reports, substitution by sally

Dunwoody Sports Marketing v. Prescott [2007] EWCA Civ 461 

“The power to order substitution of a new party for an existing party to an action under CPR r 19.2 continued after judgment had been given.”

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.

Marcan Shipping (London) Ltd. v. Candida Corpn and another – WLR Daily

Posted May 18th, 2007 in civil procedure rules, law reports by sally

Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463

“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”

WLR Daily, 17th May 2007

Source: www.lawreports.co.uk

Regina v. D (Control orders)

Posted May 18th, 2007 in control orders, law reports, terrorism by sally

Power to delegate reporting obligations

Regina v. D 

Court of Appeal (Criminal Division)

“A control order that required a suspected terrorist to comply with reporting obligations, the details of which would be specified by a police officer, was valid.”

The Times, 18th 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.

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd. – Times Law Reports

Posted May 18th, 2007 in carriage of goods, contracts, law reports by sally

Contract valid despite nonconformity

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.

House of Lords

“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”

The Times, 18th 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.

Daily Telegraph Law Reports, 17th May 2007

Posted May 17th, 2007 in law reports by sally

Farley v. Buckley

Gouldsmith v. Mid-Staffordshire General Hospitals NHS Trust

General Medical Council v. Hiew

Anglian Windows Ltd. v. GMB

Hicks v. Russell Jones & Walker

Lake v. British Transport Police

Daily Telegraph, 17th May 2007

Source: www.telegraph.co.uk

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

Birmingham City Council v. Walker – Times Law Reports

Posted May 17th, 2007 in housing, law reports by sally

Survivor was not successor to secure tenancy

Birmingham City Council v. Walker

House of Lords

“Where a joint tenant of council property became by survivorship the sole tenant, before becoming a secure tenant on the introduction of such tenancies in 1980 she was not herself a successor within the meaning of the Housing Act 1985 so as to debar further succession.”

The Times, 17th 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.

Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No 2) – Times Law Reports

Posted May 17th, 2007 in appeals, criminal justice, law reports by sally

Later appeal decision prevails

Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No. 2)

Court of Appeal (Criminal Division)

“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported [2007] EWCA Crim 218) which was decided earlier.”

The Times, 17th 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.

House of Lords Judgments: What’s new?

Posted May 16th, 2007 in law reports by sally

Birmingham City Council (Appellants) v. Walker (FC) (Respondent) [2007] UKHL 22

Datec Electronics Holdings Limited and others (Respondents) v. United Parcels Services Limited (Appellants) [2007] UKHL 23

Source: www.parliament.uk

Regina v. IK; Regina v. AB; Regina v. KA – Times Law Reports

Posted May 16th, 2007 in double jeopardy, immigration, law reports by sally

Double jeopardy requires two sets of criminal proceedings

Regina v. IK; Regina v. AB; Regina v. KA

Court of Appeal (Criminal Division)

“Double jeopardy was not available as a plea in bar unless both sets of proceedings were criminal and the Special Immigration Appeals Commission was not a criminal court.”

The Times, 16th 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.

Godfrey v. Torpy and Others – Times Law Reports

Posted May 16th, 2007 in insolvency, law reports by sally

Leave not needed to continue claim

Godfrey v. Torpy and Others

Chancery Division

Leave of the court was not required to continue proceedings in which an order to set aside a transaction at an undervalue which had defrauded creditors had been applied for, even though the individual or company against whom the application had been made was adjudged bankrupt or became insolvent after those proceedings had been launched.

The Times, 16th 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 15th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 (15 May 2007)

Smith v Smith [2007] EWCA Civ 454 (15 May 2007)

Intel Corporation Intel Corporation Inc v CPM United Kingdom Ltd [2007] EWCA Civ 431 (15 May 2007)

Barclays Bank Plc & Anor v HM Revenue & Customs [2007] EWCA Civ 442 (11 May 2007)

Eastaway v Secretary of State for Trade & Industry [2007] EWCA Civ 425 (10 May 2007)

Sandhu v Jan De Rijk Transport Ltd [2007] EWCA Civ 430 (10 May 2007)

Court of Appeal (Criminal Division)

Jones, R v [2007] EWCA Crim 1118 (15 May 2007)

High Court (Chancery Division)

Swissport (UK) Ltd v Aer Lingus Ltd [2007] EWHC 1089 (Ch) (14 May 2007)

Mabey and Johnson Ltd v Danos & Ors [2007] EWHC 1094 (Ch) (11 May 2007)

High Court (Commercial Court)

Uzinterimpex JSC v Standard Bank Plc [2007] EWHC 1151 (Comm) (15 May 2007)

AXA Insurance UK Plc v Norwich Union Insurance Ltd. [2007] EWHC 1046 (Comm) (14 May 2007)

National Westminster Bank Plc v Rabobank Nederland [2007] EWHC 1056 (Comm) (11 May 2007)

High Court (Queen’s Bench Division)

Bezant v Rausing & Ors [2007] EWHC 1118 (QB) (14 May 2007)

Malmesbury & Ors v Strutt & Parker (a partnership) & Anor [2007] EWHC 999 (QB) (11 May 2007)

Source: www.bailii.org

Revenue and Customs Comrs v. Barclays plc and another – WLR Daily

Posted May 15th, 2007 in income tax, law reports by sally

Revenue and Customs Comrs v. Barclays Bank plc and another [2007] EWCA Civ 442

“Where an employer had provided a free tax advice service to its pensioners and surviving spouses and, on termination of the service, made one-off payments in compensation, the provision of such payments constituted a relevant benefit under a retirement benefits scheme for the purposes of ss 596A and 612(1) of the 1988 Act.”

WLR Daily, 11th May 2007

Source: www.lawreports.co.uk

Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Knowsley Housing Trust v. White – Times Law Reports

Posted May 15th, 2007 in landlord & tenant, law reports by sally

Assured tenant became a tolerated trespasser

Knowsley Housing Trust v. White

Court of Appeal

“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”

The Times, 15th 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.