Category: law reports

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. – WLR Daily

Posted July 30th, 2007 in landlord & tenant, law reports by sally

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. [2007] EWHC 1776 (Ch) 

“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”

WLR Daily, 26th July 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 (El-Kurd) v. Sakavickas and another – WLR Daily

Posted July 30th, 2007 in indictments, jury directions, law reports, proceeds of crime by sally

R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888

“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

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

In re W (Children) (Permission to appeal) – WLR Daily

Posted July 30th, 2007 in appeals, contact orders, law reports, residence orders by sally

In re W (Children) (Permission to appeal) 

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”

WLR Daily, 26th July 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.

Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties – Times Law Reports

Posted July 27th, 2007 in law reports, statutory sick pay by sally

No sick pay for short-term agency worker

Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties

“An agency worker who had entered into a contract of service for a period of less than three months was not entitled to statutory sick pay.”

The Times, 27th July 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.

McLaughlin v. Governor of the Cayman Islands – Times Law Reports

Posted July 27th, 2007 in law reports by sally

Void dismissal entitles officeholder to full salary and pension rights

McLaughlin v. Governor of the Cayman Islands

“Where a court of competent jurisdiction had held that a decision to dismiss a public office holder was void, the officeholder remained entitled to his full salary and pension rights until such time as his tenure of office was lawfully ended.”

The Times, 27th July 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 (Madan) v. Secretary of State for the Home Department – WLR Daily

Posted July 27th, 2007 in law reports by sally

R (Madan) v. Secretary of State for the Home Department: R (Kapoor) v. Secretary of State for the Home Department [2007] EWCA 770 

“The Court of Appeal emphasised the importance of making prompt applications for judicial review against deportation decisions and stated the principles to be followed in future cases.”

WLR Daily, 25th July 2007

Source: www.lawreports.co.uk

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

R (F (Mongolia)) v. Secretary of State for the Home Department – WLR Daily

Posted July 27th, 2007 in law reports by sally

R (F (Mongolia)) v. Secretary of State for the Home Department [2007] EWCA Civ 769 

“Judicial review remained unavailable in respect of the refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision.”

WLR Daily, 25th July 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.

Lewisham London Borough Council v. Malcolm (Disability Rights Commission intervening) – WLR Daily

Posted July 27th, 2007 in law reports by sally

Lewisham London Borough Council v. Malcolm (Disability Rights Commission intervening) [2007] EWCA Civ 763 

“A landlord, in bringing proceedings for possession against a tenant who had unlawfully sublet his premises, unlawfully discriminated against the tenant since the tenant had a mental impairment which had a ‘substantial effect on his ability to carry out normal day-to-day activities’ so that he was disabled for the purposes of s 1(1) of the Disability Discrimination Act 1995.”

WLR Daily, 25th July 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.

In re Leeds United Association Football Club Ltd. – WLR Daily

Posted July 27th, 2007 in law reports by sally

In re Leeds United Association Football Club Ltd. [2007] EWHC 1761 (Ch) 

“Damages for wrongful dismissal were not payable in priority to other expenses pursuant to para 99(4) to (6) of Sch B1 to the Insolvency Act 1986.”

WLR Daily, 25th July 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.

Grovit v. De Netherlandsche Bank NV and others – WLR Daily

Posted July 26th, 2007 in conflict of laws, defamation, jurisdiction, law reports by sally

Grovit v. De Netherlandsche Bank NV and others

“An action for libel against the central bank of the Netherlands was not a civil and commercial matter within the terms of Council Regulation 44/2001/EC (the Judgments Regulation on jurisdiction in civil and commercial matters) so as to permit the action to go ahead in the English courts.”

WLR Daily, 24th July 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 (Swami Suryananda, representing the Community of the Many Names of God) v. Welsh Ministers – WLR Daily

Posted July 26th, 2007 in animals, law reports, slaughter by sally

R (Swami Suryananda, representing the Community of the Many Names of God) v. Welsh Ministers 

“The decision to slaughter a Hindu community’s temple bullock as part of a general government policy after testing positive for bovine tuberculosis was lawful and justified and was not a breach of article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Though the decision interfered with the community’s right to freedom of thought, conscience and religion the interference was necessary and proportionate given the importance of eliminating bovine tuberculosis and the fact that the slaughter policy implemented Council Directive 77/391/EEC.”

WLR Daily, 23rd July 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, 26th July 2007

Posted July 26th, 2007 in law reports by sally

Brown v. Exors of HM Queen Elizabeth, the Queen Mother & Others

Roberts v. Gable

The Learning Trust v. MP & Anr

Defazio v. DPP

Bibi & Others v. Entry Clearance Officer, Dhaka

Williams v. the University of Nottingham

Daily Telegraph, 26th July 2007

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 25th, 2007 in law reports by sally

Court of Appeal (Civil Division)

F (Mongolia) v Secretary of State for the Home Department [2007] EWCA Civ 769 (25 July 2007)

North v North [2007] EWCA Civ 760 (25 July 2007)

Madan & Anor v Secretary of State for the Home Department [2007] EWCA Civ 770 (25 July 2007)

London Borough of Lewisham v Malcolm & Anor [2007] EWCA Civ 763 (25 July 2007)

DS (Afghanistan) v Secretary of State for the Home Department [2007] EWCA Civ 774 (25 July 2007)

Assets Recovery Agency v Szepietowski & Ors [2007] EWCA Civ 766 (24 July 2007)

Luke v Stoke-On-Trent City Council [2007] EWCA Civ 761 (24 July 2007)

Stone Heritage Developments Ltd & Ors v Davis Blank Furniss (a firm) [2007] EWCA Civ 765 (24 July 2007)

JL, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 767 (24 July 2007)

Secretary of State for Work and Pensions v Morina & AnOr [2007] EWCA Civ 749 (23 July 2007)

Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)

Court of Appeal (Criminal Division)

Ashes v R [2007] EWCA Crim 1848 (24 July 2007)

Banton, R v [2007] EWCA Crim 1847 (24 July 2007)

Javaid v The Crown [2007] EWCA Crim 1845 (23 July 2007)

Rafferty v The Crown [2007] EWCA Crim 1846 (23 July 2007)

High Court (Administrative Court)

Southwark Law Centre, R (on the application of) v Legal Services Commission [2007] EWHC 1715 (Admin) (20 July 2007)

Ashwell Property Group Plc & Anor v Cambridge City Council [2007] EWHC 1753 (Admin) (20 July 2007)

The Midcounties Co-Operative Ltd, R (on the application of) v The Forest of Dean District Council [2007] EWHC 1714 (Admin) (20 July 2007)

High Court (Chancery Division)

Mobile Export 365 Ltd & Anor v Revenue and Customs [2007] EWHC 1737 (Ch) (20 July 2007)

High Court (Commercial Court)

Korea National Insurance Corp v Allianz Global Corporate & Specialty AG [2007] EWHC 1744 (Comm) (24 July 2007)

Bank of Scotland v Euclidian (No. 1) Ltd & Ors [2007] EWHC 1732 (Comm) (20 July 2007)

High Court (Queen’s Bench Division)

Tahmassebi v Persia International Bank Plc [2007] EWHC 1751 (QB) (23 July 2007)

Privy Council

Persad v. Trinidad and Tobago (Trinidad and Tobago) [2007] UKPC 51 (23 July 2007)

McLaughlin v. Cayman Islands (Cayman Islands) [2007] UKPC 50 (23 July 2007)

Gibson v. United States of America (The Bahamas) [2007] UKPC 52 (23 July 2007)

Source: www.bailii.org

Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and Another – The Times

Posted July 25th, 2007 in corporation tax, debts, interest, law reports by sally

Compound interest is payable in restitution

Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and Another

“The court had power to make an award of compound interest in a claim for restitution where such an award was necessary to achieve full justice for the claimant.”

The Times, 25th July 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 Work and Pensions v. Morina – WLR Daily

Posted July 25th, 2007 in jurisdiction, law reports, social security by sally

Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749 

“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”

WLR Daily, 23rd July 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.

Green Lane Products Ltd. v. PMS International Group Ltd. and others – WLR Daily

Posted July 25th, 2007 in Community designs, EC law, law reports by sally

Green Lane Products Ltd. v. PMS International Group Ltd. and others [2007] EWHC 1712 (Pat)

“The ‘sector concerned’ for the purposes of art. 7 of Council Regulation (EC) No 6/2002 was the sector corresponding to the prior art., and not the sector corresponding to the product class indicated in the application for a Community registered design.”

WLR Daily, 19th July 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.

House of Lords Judgments: What’s new?

Posted July 25th, 2007 in law reports by sally

Jones (Respondent) v.Garnett (Her Majesty’s Inspector of Taxes) (Appellant) [2007] UKHL 35

Source: www.parliament.uk

TRM Copy Centres (UK) Ltd. and others v. Lanwall Services Ltd. – WLR Daily

Posted July 24th, 2007 in consumer credit, law reports by sally

TRM Copy Centres (UK) Ltd. and others v. Lanwall Services Ltd.

“It was a necessary precondition of a consumer hire agreement under s 15 of the Consumer Credit Act 1974 that some consideration for the hire was paid by or on behalf of the hirer. Agreements providing for payment to be made only when equipment was used were not consumer hire agreements within s 15.”

WLR Daily, 23rd July 2007

Source: www.lawreports.co.uk

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

Persaud v. State of Trinidad and Tobago – WLR Daily

Posted July 24th, 2007 in evidence, law reports by sally

Persaud v. State of Trinidad and Tobago

“The exception to the rule that out of court statements made by one defendant were inadmissible against a co-defendant applied only in cases where the defendants were being tried for a joint offence for which they were jointly liable.”

WLR Daily, 23rd July 2007

Source: www.lawreports.co.uk

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

Gibson v. Government of the United States of America – WLR Daily

Posted July 24th, 2007 in extradition, law reports, precedent by sally

Gibson v. Government of the United States of America

“The principle of stare decisis was not absolute and the Privy Council should exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect, even if that incorrect decision could no longer be regarded as impeding the proper development of the law.”

WLR Daily, 23rd July 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.