law reports – Page 357 – Current Awareness

“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”

The Times, 16th 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.

SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports

Posted October 16th, 2007 in costs, disclosure, law reports by sally

Paying other party’s costs

SES Contracting Ltd and Another v UK Coal plc and Others

Court of Appeal

“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”

The Times, 16th 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.

Regina v Hamilton – Times Law Reports

Posted October 16th, 2007 in law reports, outraging public decency by sally

Elements of outraging public decency

Regina v Hamilton

Court of Appeal (Criminal Division)

“The two-person rule applicable to the common-law offence of outraging public decency was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”

The Times, 16th 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.

Rampion and another v Franfinance SA and another – WLR Daily

Posted October 15th, 2007 in consumer credit, EC law, law reports by sally

Rampion and another v Franfinance SA and another (Case C-429/05)

“A consumer’s right under certain conditions, under art 11(2) of Directive 87/102 on consumer credit, to pursue remedies against the provider of finance to him under a credit agreement, applied to a credit facility allowing credit on a number of occasions as well as credit for a single transaction, and the right could not be made conditional on the prior offer of credit naming the goods or services being financed.”

WLR Daily, 4th 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.

Freeport plc v Arnoldsson (Case C-98/06) – WLR Daily

Posted October 12th, 2007 in conflict of laws, jurisdiction, law reports by sally

Freeport plc v Arnoldsson (Case C-98/06)

“The fact that claims brought against a number of defendants had different legal bases did not preclude application of the provision in art 6(1) of Regulation 44/2001 (the successor to the Brussels Convention of 1968) that in certain circumstances multiple defendants could be sued in the courts of the domicile of any of them.”

WLR Daily, 11th 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.

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – WLR Daily

Posted October 12th, 2007 in law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council [2007] EWCA Civ 970

“An uncontested order for shared residence made by consent by a judge in family proceedings was not determinative of the issue whether it was reasonable to expect the children whose residence was the subject of the order to live with the parent in whose favour it was made.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

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

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th 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.

Soulsbury v Soulsbury – WLR Daily

Posted October 12th, 2007 in divorce, law reports, periodical payments, wills by sally

Soulsbury v Soulsbury [2007] EWCA Civ 938

“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”

WLR Daily, 10th 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.

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd – WLR Daily

Posted October 12th, 2007 in Community designs, EC law, law reports by sally

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936

“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”

WLR Daily, 10th 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 Clark – WLR Daily

Posted October 11th, 2007 in adjournment, law reports by sally

R v Clark

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

WLR Daily, 10th 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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted October 11th, 2007 in law reports, limitations, substitution by sally

O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939

“A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.”

WLR Daily, 10th 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.

Sage (UK) Ltd v Bacco – Times Law Reports

Posted October 11th, 2007 in appeals, documents, employment, law reports by sally

Law reports in appeal papers

Sage (UK) Ltd v Bacco

Employment Appeal Tribunal

“When lodging copies of authorities for the purposes of an appeal to the appeal tribunal, parties should ensure that where cases had been reported, those reports were copied in the bundle of authorities.”

The Times, 11th 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.

Schwarz and Another v Finanzamt Bergisch Gladbach – Times Law Reports

Posted October 11th, 2007 in EC law, education, income tax, law reports by sally

Tax relief breaks EU law

Schwarz and Another v Finanzamt Bergisch Gladbach

Court of Justice of the European Communities

“The German law whereby tax relief on private school fees was available only for German schools was contrary to Community law.”

The Times, 11th 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, 11th October 2007

Posted October 11th, 2007 in law reports by sally

R (Lawson) v Stafford Magistrates’ Court

R (Hadfield) v Manchester Crown Court

Bird v Sylvester & Anr

Osseily v Westminster CC

Stenson & Others v West Dunbartonshire Council

R (Walton) v Commission for Social Care Inspection

Daily Telegraph, 11th October 2007

Source: www.telegraph.co.uk

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

Loyalty Management UK Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted October 11th, 2007 in law reports, VAT by sally

Loyalty points operator is entitled to VAT credit

Loyalty Management UK Ltd v Revenue and Customs Commissioners

Court of Appeal

“The supply of goods or services made by the dealer or redeemer of consumer loyalty points to the collector or customer was, for the purpose of value-added tax, the supply of goods or services by the dealer to the operator of the scheme, who was therefore entitled to tax credits from the Revenue in respect of that supply or service.”

The Times, 10th 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.

In re B (a Child)(Relocation) – Times Law Reports

Posted October 11th, 2007 in children, law reports, residence orders by sally

Power to restrict carer’s place of residence is exceptional

In re B (a Child)(Relocation)

Court of Appeal

“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”

The Times, 10th 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.

Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928 – WLR Daily

Posted October 9th, 2007 in law reports, VAT by sally

Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928

“The supply of goods or services by a retailer when redeeming loyalty points collected by a customer under the Nectar Loyalty Scheme was, for VAT purposes, a supply of “redemption services” to the scheme operator, as well as of goods and services to the customer, and the scheme operator was therefore entitled to input tax credit on its payments, by way of a “service charge”, to the retailer.”

WLR Daily, 9th 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.

Society of Lloyd’s v Henderson and Others; Lowe and Others v Society of Lloyd’s; Society of Lloyd’s v Stockwell and Others – Times Law Reports

Posted October 9th, 2007 in law reports, Lloyd's, misfeasance in public office by sally

Lloyd’s not a public officer

Society of Lloyd’s v. Henderson and Others; Lowe and Others v. Society of Lloyd’s; Society of Lloyd’s v. Stockwell and Others

Court of Appeal

“The Society of Lloyd’s was not a public officer for the purposes of the tort of misfeasance in public office.”

The Times, 9th 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

Regina (Federation of Tour Operators and others) v HM Treasury and Others – Times Law Reports

Posted October 9th, 2007 in air passenger duty, law reports by sally

Challenge to doubling of air passenger duty fails

Regina (Federation of Tour Operators and Others) v. HM Treasury and Others

Queen’s Bench Division

“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”

The Times, 9th 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