Category: law reports

Murray v Express Newspapers plc and Another – Times Law Reports

Posted October 4th, 2007 in law reports, media, privacy by sally

Celebrities enjoy no extra right to privacy

Murray v Express Newspapers plc and Another

“Where an individual was engaged in innocuous, routine activity in a public place, such as a street, that activity attracted no right or expectation of privacy and, accordingly, there was no prohibition on the taking or publishing of photographs of famous people engaged in such activity in a public place unless there were special circumstances such as harassment or distress caused to the individual.”

The Times, 4th 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.

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another – WLR Daily

Posted October 3rd, 2007 in human rights, law reports, privacy by sally

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another [2007] EWHC 1908 (Ch D)

“Routine activities conducted in a public place, such as walking down the street or visiting the shops, did not attract any reasonable expectation or guarantee of privacy so that an individual who had been photographed in a public place could not rely on the right to respect for his private and family life under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, absent some other special circumstance such as harassment or distress.”

WLR Daily, 7th August 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 (Teleos and others) v Customs and Excise Commissioners – WLR Daily

Posted October 2nd, 2007 in EC law, law reports, VAT by sally

R (Teleos and others) v Customs and Excise Commissioners

“There could only be an intra-Community acquisition and supply of goods if the goods actually left the territory of the Member State of supply, but where the goods were fraudulently retained in that State, the supplier could not be made liable for VAT if he was unaware of the fraud and had taken all reasonable steps to ensure that he was not participating in tax evasion.”

WLR Daily, 1st 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.

Regina (JL) (a Youth) v Secretary of State for the Home Department – Times Law Reports

Posted October 2nd, 2007 in human rights, law reports, suicide, young offenders by sally

State’s duty to investigate

Regina (JL) (a Youth) v. Secretary of State for the Home Department

Court of Appeal

“Where there was a near death or death in custody the state was obliged to investigate the facts and explain. It was not for the victim or family to establish some arguable case before that investigation took place.”

The Times, 2nd 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 Cole; Regina v Keets – Times Law Reports

Posted October 2nd, 2007 in hearsay evidence, law reports by sally

When hearsay evidence can be admitted

Regina v. Cole; Regina v. Keets

Court of Appeal (Criminal Division)

“The hearsay evidence of a witness who could not be cross-examined could be admitted in evidence, even where it was the sole or the decisive evidence against a defendant, if that was compatible with a fair trial.”

The Times, 2nd October 2007

Source: www.timesonline.co.uk

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

J.A. Pye (Oxford) Ltd v United Kingdom – Times Law Reports

Posted October 1st, 2007 in adverse possession, law reports by sally

Squatters’ rights to another’s land are not disproportionate

J.A. Pye (Oxford) Ltd v. United Kingdom

European Court of Human Rights

“Provisions of English law allowing squatters to obtain after 12 years of adverse possession the right to title of the land, without liability to compensation, was not an intrusion into the applicant companies’ rights to the ownership of their property.”

The Times, 1st 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 

BAILII: Recent Decisions

Posted September 28th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Redcar & Cleveland Borough Council v Bainbridge & Ors [2007] EWCA Civ 910 (21 September 2007)

High Court (Administrative Court)

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Anor [2007] EWHC 2117 (Admin) (18 September 2007)

High Court (Chancery Division)

Ross River Ltd & Anor v Cambridge City Football Club Ltd [2007] EWHC 2115 (Ch) (19 September 2007)

High Court (Commercial Court)

Oliver and Anor v Dubai Bank Kenya Ltd [2007] EWHC 2165 (Comm) (24 September 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 27th September 2007

Posted September 27th, 2007 in law reports by sally

R (Hill) v. Home Secretary

R (D) v. Independent Education Appeal Panel of London Borough of Bromley & Anr

Burton v. Kingsbury

R (Jones) v. Legal Services Commission

Northumberland CC & Anr v. Thompson

South Cambridgeshire DC v. Secretary of State for Communities & Local Government & Anr

Daily Telegraph, 27th September 2007

Source: www.telegraph.co.uk

BAILII Recent Decisions

Posted September 14th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Gull v Gull [2007] EWCA Civ 900 (31 August 2007)

Man Nutzfahrzeuge Ag & Anor v Freightliner Ltd [2007] EWCA Civ 910 (12 September 2007)

Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)

High Court (Administrative Court)

Breckon v DPP [2007] EWHC 2013 (Admin) (22 August 2007)

Powell & Ors, R (on the application of) v  Secretary of State for Communities & Local Government & Anor [2007] EWHC 2051 (Admin) (22 August 2007)

Gale & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2007] EWHC 2053 (Admin) (23 August 2007)

Federation of Tour Operators & Ors, R (on the application of) v HM Revenue & Customs & Ors [2007] EWHC 2062 (Admin) (04 September 2007)

Brooke & Anor, R (on the application of) v The Parole Board & Anor [2007] EWHC 2036 (Admin) (07 September 2007)

Director of Public Prosecutions v Haw – Times Law Reports

Posted September 11th, 2007 in demonstrations, law reports, police by sally

Commissioner has power to delegate conditions

Director of Public Prosecutions v Haw

Queen’s Bench Divisional Court

“The Commissioner of Police of the Metropolis could delegate his statutory power to impose conditions on demonstrations in the vicinity of Parliament. ”

The Times, 11th September 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 – Times Law Reports

Posted September 11th, 2007 in ASBOs, law reports by sally

Court can extend ASBO

Leeds City Council v RG

Queen’s Bench Divisional Court

“The duration of an antisocial behaviour order could be extended on an application to vary its terms.”

The Times, 11th September 2007

Source: www.timesonline.co.uk

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

Daily Telegraph Law Reports, 6th September 2007

Posted September 7th, 2007 in law reports by sally

Home Secretary v. AL

R (Otley) v. Barking & Dagenham NHS PCT

IDE v. ATB Sales Ltd.

Vance v. Taylor

Breckon v. DPP

Daily Telegraph, 6th September 2007

Source: www.telegraph.co.uk

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

Regina v Montgomery – Times Law Report

Posted September 6th, 2007 in escape from custody, law reports, prisons by sally

Prisoner failing to return is not an escaper

Regina v Montgomery

Court of Appeal (Criminal Division)

“Where a prisoner who was on temporary release from prison failed to return to prison at the expiry of his release period, he could not be said to have escaped from custody and could not therefore be guilty of the common-law offence of escape from custody.”

The Times, 6th September 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 Ukpabio – Times Law Reports

Posted September 6th, 2007 in law reports, live link evidence by sally

Court has common-law power to let accused appear by video link

Regina v Ukpabio

Court of Appeal (Criminal Division)

“The court had no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that an accused could give evidence at his trial by live video link; however, in exceptional circumstances where it was appropriate for the defendant not to be present in court, it did have power to direct that he could participate in his trial by other means such as live video link.”

The Times, 6th September 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 Cottrell; Regina v Fletcher – Times Law Reports

Posted September 5th, 2007 in appeals, Criminal Cases Review Commission, law reports by sally

Change-of-law appeals should not be referred

Regina v Cottrell; Regina v Fletcher

Court of Appeal (Criminal Division)

“Where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law, the Criminal Cases Review Commission should not normally refer a conviction.”

The Times, 5th September 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 (A) v Secretary of State for the Home Department – Times Law Reports

Posted September 5th, 2007 in asylum, deportation, detention, law reports by sally

Continued detention of failed asylum-seeker is lawful

Regina (A) v Secretary of State for the Home Department

Court of Appeal

“The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful.”

The Times, 5th September 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 Leeds United Association Football Club Ltd – Times Law Reports

Posted September 4th, 2007 in contract of employment, damages, dismissal, insolvency, law reports by sally

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 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.

Christie v Department for Constitutional Affairs and Another – Times Law Reports

Posted September 4th, 2007 in law reports, pensions, tribunals by sally

No pension entitlement for fee-paid part-time chairmen

Christie v Department for Constitutional Affairs and Another

“Part-time fee-paid tribunal chairmen were not workers and were not entitled to a pension.”

The Times, 4th September 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 August 31st, 2007 in law reports by sally

Court of Appeal (Civil Division)

Sunrock Aircraft Corporation Ltd v Scandinavian Airlines System Denmark-Norway-Sweden [2007] EWCA Civ 882 (24 August 2007)

F & H (children), Re [2007] EWCA Civ 880 (24 August 2007)

High Court (Administrative Court)

Goodyer and Gomes v Government of Trinidad and Tobago [2007] EWHC 2012 (Admin) (22 August 2007)

Breckon v DPP [2007] EWHC 2013 (Admin) (22 August 2007)

High Court (Technology and Construction Court)

Dobson & Ors v Thames Water Utilities Ltd & Anor [2007] EWHC 2021 (TCC) (24 August 2007)

Source: www.bailii.org

David Truex (a Firm) v Kitchin – Times Law Reports

Posted August 29th, 2007 in law reports, legal aid, solicitors by sally

Solicitor’s legal aid duty

David Truex (a Firm) v Kitchin

Court of Appeal

“A solicitor should not take instructions and incur costs gathering information relating to contemplated proceedings and only when that information suggested that the client was eligible for public funding advise that a different firm could become involved.”

The Times, 29th August 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.