Regina (Dost Mohammed) v Secretary of State for Defence – Times Law Reports

Posted May 9th, 2007 in armed forces, law reports, prisoners of war, race discrimination by sally

Discrimination by nationality is not racial bias

Regina (Dost Mohammed) v. Secretary of State for Defence 

Court of Appeal

“The British Government’s scheme in 2000 for making ex gratia single payments of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate against a Pakistani citizen, captured and imprisoned while serving in the Indian Army, who could not meet the criteria set out in the scheme.”

The Times, 9th 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.

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others – WLR Daily

Posted May 9th, 2007 in guarantees, insolvency, law reports by sally

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others [2007] EWHC 1002 (Ch)

“A company voluntary arrangement which contained terms releasing guarantees given by the defendant’s parent company to the claimant creditors, unfairly prejudiced the claimants within the meaning of s 6(1)(a) of the Insolvency Act 1986.”

WLR Daily, 1st 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.

Riverside Housing Association Ltd v White and Another – Times Law Reports

Posted May 8th, 2007 in law reports, rent by sally

Reasonable notice is required for rent rise in wrong month

Riverside Housing Association Ltd. v. White and Another

House of Lords

“A tenancy agreement issued by a housing association stating that the rent would be increased annually with effect from the first Monday of June each year did not prevent the landlord from increasing the rent from a date after the first Monday in June, provided appropriate notice was given to the tenants.”

The Times, 7th 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 Bree – Times Law Reports

Posted May 8th, 2007 in law reports, rape by sally

Capacity to consent after drink

Regina v. Bree

Court of Appeal (Criminal Division)

“Voluntary consumption of substantial quantites of alcohol did not by itself remove a woman’s capacity to consent to sexual intercourse.”

The Times, 7th 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.

Welford and Others v EDF Energy Networks (LPN) Ltd. – Times Law Reports

Posted May 8th, 2007 in compensation, disturbance payments, law reports by sally

Separate loss-of-profit compensation for disturbance to land is too remote

Welford and Others v. EDF Energy Networks (LPN) Ltd.

Court of Appeal

“Separate compensation for loss of profit for disturbance was too remote if compensation had been awarded for diminution in the market value of land.”

The Times, 8th 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.

Melville Dundas Ltd and Others v George Wimpey UK Ltd and Others – Times Law Reports

Posted May 8th, 2007 in building law, contracts, law reports by sally

Receivership prevents notice of intention from being given

Melville Dundas Ltd. and Others v. George Wimpey UK Ltd. and Others

House of Lords

“A provision that a party to a construction contract could not, unless he had given notice of intention to do so, withhold payment after the final date for payment of a sum due under the contract, did not apply to a lawful ground for withholding payment, such as the contractor going into receivership, when it was not possible for notice to have been given within the statutory time frame.”

The Times, 8th 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.

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd 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.

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another – WLR Daily

Posted May 4th, 2007 in banking, law reports, proceeds of crime by sally

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another 

“The Serious Organised Crime Agency (SOCA) was a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering. However it should not withhold consent to a bank to allow it to operate a customer’s account under s 335 of the Proceeds of Crime Act 2002 without good reason. It had an obligation to keep matters under review and its refusal of a bank customer’s request to revisit the matter was unlawful.”

WLR Daily, 2nd 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.

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted May 4th, 2007 in landlord & tenant, law reports by sally

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404

“In the case of an assured tenancy, where the court granted an order for possession using County Court Form N28 but suspended execution on terms, the assured tenancy expired on the last date stated for possession and the occupant remained merely as a ‘tolerated trespasser’.”

WLR Daily, 2nd 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.

Daily Telegraph Law Reports

Posted May 4th, 2007 in law reports by sally

Van Colle & Others v. Chief Constable of Hertfordshire

Belfast CC v. Miss Behavin’ Ltd.

Eyres v. Atkinsons Kitchens & Bedrooms Ltd.

St Helens MBC v. JE Derbyshire & Others

Blackburn-Smith v. Lambeth LBC

Daily Telegraph, 3rd May 2007

Source: www.telegraph.co.uk

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

Douglas and Another v. Hello! Ltd. and Others – Times Law Reports

Posted May 3rd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Duty of confidentiality to celebrities is enforceable

Douglas and Another v. Hello! Ltd. and Others

House of Lords 

“Photographic images of the wedding of two celebrities had a commercial value over which the celebrities had sufficient control to enable them to impose an obligation of confidence. A magazine publisher who had bought the exclusive right to publish the photographs and had the benefit of the duty of confidentiality imposed by the celebrities, had the right to enforce that duty against a rival magazine which published unauthorised photographs of the wedding.”

The Times, 3rd 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.

R (Dost Mohammed) v. Secretary of State for Defence – WLR Daily

R (Dost Mohammed) v. Secretary of State for Defence [2007] EWCA Civ 983

“The scheme adopted by the British Government in 2000 to make an ex gratia single payment of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate on grounds of race against a Pakistani citizen who had been captured while serving in the Indian army and who could not meet the criteria set out in the scheme.”

WLR Daily, 1st 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.

Adelson and another v. Associated Newspapers Ltd. – WLR Daily

Posted May 3rd, 2007 in law reports, limitations, pleadings by sally

Adelson and another v. Associated Newspapers Ltd.

“There was no jurisdiction under s 35 of the Limitation Act 1980 or under CPR r 19.5 to grant an application to amend pleadings by the addition of new claimants in the course of a libel action after the expiry of the limitation period.”

WLR Daily, 1st 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.

Judgment in full: Douglas v. Hello! – The Times

Posted May 2nd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Douglas v. Hello! [2007] UKHL 21

The Times, 2nd May 2007

Source: www.timesonline.co.uk

House of Lords Judgments: What’s new?

Posted May 2nd, 2007 in law reports by sally

OBG Limited and others (Appellants) v. Allan and others (Respondents) Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents) Mainstream  Properties Limited (Appellants) v. Young and others and another (Respondents) [2007] UKHL 21 (2 May 2007)

Source: www.parliament.uk

O’Brien v. Seagrave and Another – Times Law Reports

Posted May 2nd, 2007 in law reports, probate by sally

Claim provides sufficient interest

O’Brien v. Seagrave and Another

Chancery Division 

“A claimant who had a right to bring a statutory claim for provision from a deceased’s estate could be said to have an interest in the estate for the purposes of bringing a probate claim.”

The Times, 2nd 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.

Evans v. United Kingdom – Times Law Reports

Posted May 2nd, 2007 in embryology, human rights, law reports by sally

Public interest outweighs individual’s private right

Evans v. United Kingdom (Application No. 6339/05)

European Court of Human Rights

“The United Kingdom did not exceed its margin of appreciation in requiring that both donors had to give consent to the implanting of fertilised embryos in the uterus.”

The Times, 2nd 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 (Balding) v Secretary of State for Work and Pensions – Times Law Reports

Posted May 1st, 2007 in benefits, insolvency, law reports by sally

Overpaid benefit not recoverable

Regina (Balding) v. Secretary of State for Work and Pensions

Queen’s Bench Divisional Court

“Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. Discharge from bankruptcy released the debtor from liability for recovery of the overpaid benefit.”

The Times, 1st 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.

Belfast City Council v. Miss Behavin’ Ltd. – Times Law Reports

Posted May 1st, 2007 in law reports, licensing by sally

Sex shop objections can be considered out of time

Belfast City Council v. Miss Behavin’ Ltd.

House of Lords 

“In refusing an application for a sex shop licence, a local authority was entitled to take into account objections to the application received after the expiry of the prescribed period.”

The Times, 1st 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.

British Broadcasting Corporation v. Sugar – WLR Daily

Posted May 1st, 2007 in freedom of information, law reports, media by sally

British Broadcasting Corporation v. Sugar [2007] EWHC 905 (Admin) 

“It was only in respect of information held by the British Broadcasting Corporation otherwise than for the purposes of journalism, art or literature that the BBC was a public authority subject to the requirements of Pts I to IV of the Freedom of Information Act 2000.”

WLR Daily, 27th April 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.