Category: law reports

Caldarelli v. Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Posted July 17th, 2007 in extradition, law reports by sally

Caldarelli v. Judge for Preliminary Investigations of the Court of Naples, Italy [2007] EWHC 1624 

“The amendments to s 2(5)(a) of the Extradition Act 2003 inserted by s 42 and para 1(1), Pt 1 of Sch 13 of the Police and Justice Act 2006 substituting the words “has been convicted” for ‘is alleged to be unlawfully at large’ went only to the content of the European arrest warrant: whereas for the exercise of the power to extradite it remained necessary to show either an ‘accusation’ case or an ‘unlawfully at large’ case.”

WLR Daily, 16th 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.

Luxim Corpn. v. Ceravision Ltd. – WLR Daily

Posted July 16th, 2007 in law reports by sally

Luxim Corpn. v. Ceravision Ltd. [2007] EWHC 1624 (Ch.) 

“The discretion given to the Comptroller General under s 12(2) of the Patents Act 1977 to decline to deal with entitlement proceedings because the question referred to him involved matters which would more properly be determined by the court was not restricted to highly complex cases.”

WLR Daily, 9th 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.

Awoyomi v. Radford and another – WLR Daily

Posted July 16th, 2007 in barristers, law reports, negligence by sally

Awoyomi v. Radford and another [2007] EWHC 1671 

“The effect of the decision of the House of Lords in Arthur JS Hall & Co v Simons [2002] 1 AC 615 was that advocates had ceased to enjoy immunity from suit by 1991. The cause of action in respect of alleged negligence in 1995 had therefore accrued at that time and not at the date of the decision.”

WLR Daily, 12th 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.

Samengo-Turner and others v. J & H Marsh & McLennan (Services) Ltd. and others – WLR Daily

Posted July 16th, 2007 in injunctions, jurisdiction, law reports by sally

Samengo-Turner and others v. J & H March & McLennan (Services) Ltd. and others [2007] EWCA Civ 723 

“Where parallel employment-related proceedings were taking place in New York and London it was open to the court, in an appropriate case and where the terms of s 5 of Council Regulation 44/2001 were satisfied, to grant an anti-suit injunction restraining the New York proceedings.”

WLR Daily, 12th 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 v. P Ltd. and another – WLR Daily

Posted July 16th, 2007 in health & safety, law reports by sally

R v. P Ltd. and another 

“An offence committed by a body corporate under the Health and Safety at Work etc Act 1974 was attributable to neglect by an officer of that body (or person acting in such a capacity), thereby amounting to an offence by that officer under s 37(1) of the 1974 Act, if the officer either knew of the relevant facts giving rise to the health and safety offence or, if he did not know, should by reason of the circumstances have been put on inquiry as to whether the relevant safety procedures were in place.”

WLR Daily, 11th 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 sumamry is removed.

House of Lords Judgments: What’s new?

Posted July 16th, 2007 in law reports by sally

Hamilton and others (Appellants) v. Allied Domecq Plc (Respondents) (Scotland) [2007] UKHL 33

Source: www.parliament.uk

In re Eurocruit Europe Ltd. (in liquidation) – Times Law Reports

Posted July 16th, 2007 in insolvency, law reports, limitations by sally

Times ran out for liquidator 

In re Eurocruit Europe Ltd. (in liquidation) 

Chancery Division

“The limitation period of a claim brought by a liquidator under section 212 of the Insolvency Act 1986 was the same as that applicable to the underlying claim.”

The Times, 16th 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.

Regina (Crown Prosecution Service) v. Guildford Crown Court – Times Law Reports

Posted July 16th, 2007 in jurisdiction, law reports, sentencing by sally

Divisional Court cannot correct crown court judge

Regina (Crown Prosecution Service) v. Guildford Crown Court

Queen’s Bench Divisional Court

“The High Court did not have power to quash an unlawful sentence imposed by a crown court judge.”

The Times, 16th 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.

Contour Homes Ltd v Rowen – Times Law Reports

Posted July 13th, 2007 in landlord & tenant, law reports, rent by sally

Agreement contained a rent review clause

Contour Homes Ltd v.  Rowen

Court of Appeal

“Where an assured tenancy agreement contained a clause providing the machinery for the increase of the rent, the landlord was not required to comply with the rent review procedure set out by section 13 of the Housing Act 1988.”

The Times, 13th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online 21 days from the date of publication

O’Halloran v United Kingdon: Francis v United Kingdom – Times Law Reports

Posted July 13th, 2007 in human rights, law reports, road traffic offences by sally

Compulsion to identify driver does not prejudice right to fair trial

O’Halloran v.  United Kingdom; Francis v. United Kingdom 

European Court of Human Rights

“Registered keepers of motor vehicles could lawfully be compelled to tell the police who was driving it on a particular occasion.”

The Times, 13th 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

A.F. Noonan (Architectural Practice) Ltd v Bournemouth and Boscombe Athletic Community Football Club – Times Law Reports

Posted July 12th, 2007 in contempt of court, law reports by sally

No contempt in publishing hearing in private

A.F. Noonan (Architectural Practice) Ltd v. Bournemouth and Biscombe Athletic Community Football Club Ltd 

Court of Appeal

“It was not a contempt of court to publish information relating to proceedings sitting in private unless that information fell within one of the statutory-specific categories.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

Please note: the Times Law Reports are only available free on Times Online 21 days from the date of publication

BAILII: Recent Decisions

Posted July 11th, 2007 in law reports by michael

Court of Appeal (Civil Division)

Aziz v Aziz & Ors Rev 1 [2007] EWCA Civ 712 (11 July 2007)

Masri v Consolidated Contractors International Company SAL & Anor [2007] EWCA Civ 688 (11 July 2007)

Adelson & Anor v Associated Newspapers Ltd. [2007] EWCA Civ 701 (09 July 2007)

MM, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 687 (06 July 2007)

Togher v Revenue and Customs Prosecutions Office & Anor [2007] EWCA Civ 686 (05 July 2007)

Boehringer Ingelheim & Ors v Vetplus Ltd [2007] EWCA Civ 661 (05 July 2007)

Scottish & Newcastle Plc v Lancashire Mortgage Corporation Ltd [2007] EWCA Civ 684 (05 July 2007)

Abdirahman v Secretary of State for Work and Pensions [2007] EWCA Civ 657 (05 July 2007)

Ellis v Bristol City Council [2007] EWCA Civ 685 (05 July 2007)

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

MccArthy v Mccarthy & Stone Plc [2007] EWCA Civ 664 (04 July 2007)

Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007)

A, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 655 (04 July 2007)

Denton v London Borough Southwark [2007] EWCA Civ 623 (04 July 2007)

Banco Nacional De Comercio Exterior SNC v Empresa De Telecommunicaciones De Cuba SA & Anor [2007] EWCA Civ 662 (04 July 2007)

Ecuador v Occidental Exploration & Production Co [2007] EWCA Civ 656 (04 July 2007)

Howell & Ors v Lees Millais & Ors [2007] EWCA Civ B1 (04 July 2007)

SWI Ltd v P & I Data Services Ltd [2007] EWCA Civ 663 (04 July 2007)

Graves v Graves & Ors [2007] EWCA Civ 660 (03 July 2007)

Court of Appeal (Criminal Division)

Campbell v R [2007] EWCA Crim 1472 (26 June 2007)

Coates, R v Rev 1 [2007] EWCA Crim 1471 (22 June 2007)

Johnson v R. [2007] EWCA Crim 1651 (11 July 2007)

Kepple, R. v [2007] EWCA Crim 1339 (13 June 2007)

Legrys, R v Malcolm [2007] EWCA Crim 1605 (03 July 2007)

Makai v R. [2007] EWCA Crim 1652 (11 July 2007)

Wood, R. v [2007] EWCA Crim 1556 (04 July 2007)

Z v R [2007] EWCA Crim 1473 (26 June 2007)

Source: www.bailii.org

Adelson and another v Associated Newspapers Ltd – WLR Daily

Posted July 11th, 2007 in law reports, limitations, substitution by michael

Adelson and another v Associated Newspapers Ltd [2007] EWCA (Civ) 701 

“A court would only grant an order substituting a party to an action after the expiry of the limitation period, pursuant to CPR r 19.5, on the ground that there had been a mistake in relation to the name of a party, if it was shown that the person who had made the mistake was the person responsible for the issue of the claim form and that, had the mistake not been made, the new party would have been named in the pleading.”

WLR Daily, 11th July 2007

Source: www.lawreports.co.uk

R (Abdi) v Lambeth London Borough Council – Times Law Reports

Posted July 11th, 2007 in housing, law reports by sally

Official can decide twice

R (Abdi) v. Lambeth London Borough Council

Queen’s Bench Division

“A local authority housing officer who had refused a homeless person’s application for housing could also decide her application for temporary accommodation pending appeal.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from date of publication

Beckett Investment Management Group Ltd v Hall – Times Law Reports

Posted July 11th, 2007 in law reports, restraint of trade by sally

Court takes realist view of corporate personality

Beckett Investment Management Group Ltd v Hall

Court of Appeal

“In construing a covenant in restraint of trade between a holding company and its employees, who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a purist approach to corporate personality in favour of one which had regard to the realities of big business, taking the group as being one concern under one supreme control.”

The Times, 11th 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

Leeds City Council v RG – WLR Daily

Posted July 10th, 2007 in ASBOs, law reports by michael

Leeds City Council v RG

“An anti-social behaviour order made under s. 1(1) of the Crime and Disorder Act 1998 could be extended on an application to vary its terms”

WLR Daily, 10th 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.

Lonsdale (t/a Londsdale Agencies) v Howard and Hallam Ltd – Times Law Reports

Posted July 10th, 2007 in agency, law reports by sally

Decline in shoe business justifies agent’s award

Lonsdale (t/a Lonsdale Agencies) v. Howard and Hallam Ltd

House of Lords

“Where a principal’s business had been in decline, the judge’s statutory award of £5,000 rather than commission for two years sought by the agent had been adequate.”

The Times, 10th 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 v Harries – Times Law Reports

Posted July 9th, 2007 in law reports by sally

Care needed in drafting

R v. Harries

Court of Appeal (Criminal Division)

“Where an offence was committed over two or more days which straddled the coming into force of the dangerous offender provisions, a term of imprisonment for public protection should not be imposed where it was not clear when the offence was actually committed.”

The Times, 9th 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 (Niazi) v Secretary of State for the Home Department – Times Law Reports

Posted July 9th, 2007 in compensation, law reports, miscarriage of justice by sally

Compensation scheme withdrawal is lawful

R (Niazi) v. Secretary of State for the Home Department

Queen’s Bench Division

“The withdrawal, without notice or consultation, of the ex gratia scheme for compensation for miscarriages of justice was not unlawful.”

 The Times, 9th 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   

House of Lords Judgments: What’s new?

Posted July 6th, 2007 in law reports by michael

Lonsdale (t/a Lonsdale Agencies) (Appellant) v. Howard & Hallam Limited (Respondents)

Seal (FC) (Appellant) v. Chief Constable of South Wales Police (Respondent)

Source: www.parliament.uk