Category: law reports

White v. Greensand Homes Ltd. and another – WLR Daily

Posted July 2nd, 2007 in civil procedure rules, law reports, pleadings by sally

White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643

“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”

WLR Daily, 28th June 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.

Midlands Co-operative Society Ltd v. Revenue and Customs Commissioners – Times Law Reports

Posted June 29th, 2007 in law reports, VAT by sally

Overpaid VAT claim passed on

Midlands Co-operative Society Ltd v Revenue and Customs Commissioners

Chancery Division

“A taxable person entitled to the benefit of an overpayment claim of value-added tax was entitled to pass the benefit of that claim to another.”

The Times, 29th June 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 (Legal Remedy UK Ltd) v. Secretary of State for Health and Others – Times Law Reports

Posted June 29th, 2007 in doctors, judicial review, law reports, recruitment by sally

Courts cannot judge specialist policy

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others

Queen’s Bench Division 

“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”

The Times, 29th June 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 P (A Child)(Adoption proceedings) – Times Law Reports

Posted June 29th, 2007 in adoption, law reports by sally

Two-stage decision process for judges 

In re P (A Child) (Adoption proceedings)

Court of Appeal

“Judges hearing applications by parents for leave to defend adoption proceedings after a placement order had been made had to undertake a two-stage process: first, decide whether there had been sufficient change of circumstance; then consider what the welfare of the child required.”

The Times, 29th June 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.

Islington London Borough Council v. Honeygan-Green – Times Law Reports

Posted June 29th, 2007 in housing, law reports by sally

Status of tolerated trespasser

Islington London Borough Council v. Honeygan-Green

Queen’s Bench Division

“A council tenant could not exercise her right to buy her home if she fell into rent arrears before making the purchase but after the right had been granted. Even if the arrears were later paid off, she had to make a fresh application.”

The Times, 29th June 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. Campbell – WLR Daily

Posted June 29th, 2007 in bad character, evidence, law reports by sally

R v. Campbell [2007] EWCA Crim 1472 

“If a defendant’s previous convictions were admitted in evidence, the jury could attach significance to them in any respect in which they were relevant and relevance could normally be deduced by the application of common sense. The mere fact that there was an issue as to whether a defendant’s case was truthful did not mean that evidence could be admitted to show that he had a propensity to be untruthful.”

WLR Daily, 26th June 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 (National Grid Gas plc) v. Environment Agency – WLR Daily

Posted June 29th, 2007 in environmental protection, law reports, utilities by sally

R (National Grid Gas plc) v. Environment Agency

“A private company which had taken over the assets and liabilities of the state-owned British Gas Corporation in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”

WLR Daily, 27th June 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 P (A Child) (Adoption Proceedings) – WLR Daily

Posted June 29th, 2007 in adoption, law reports by sally

In re P (A Child) (Adoption Proceedings)

“A court’s decision whether or not to grant leave to a parent to oppose the making of an adoption order, pursuant to s 47(5) of the Adoption and Children Act 2002, was “a decision relating to the adoption of a child” within the meaning of s 1(1) of the 2002 Act. Therefore, by s 1(2) of the Act, the paramount consideration of the court was the child’s welfare.”

WLR Daily, 27th June 2007

Source: www.lawreports.co.uk

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

House of Lords Judgments: what’s new?

Posted June 29th, 2007 in law reports by sally

R (on the application of National Grid Gas plc (formerly Transco plc)) (Appellants) v. Environment Agency (Respondents) (Civil Appeal from Her Majesty’s High Court of Justice) [2007] UKHL 30

Source: www.parliament.co.uk

Regina v. Passmore – Times Law Reports

Posted June 28th, 2007 in housing, law reports, social security by sally

Notification was note required

Regina v. Passmore

Court of Appeal (Criminal Division)

“A person in receipt of housing or council tax benefit was not obliged to disclose a change in his circumstances to the prescribed benefits officer if that change did not affect any entitlement to his benefit under the social security legislation.”

The Times, 28th June 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 (National Grid Gas plc) v. Environment Agency – Times Law Reports

Posted June 28th, 2007 in environmental protection, law reports, utilities by sally

Successor to polluter not liable under later law

Regina (National Grid Gas plc) v Environment Agency

House of Lords

“A private company which had succeeded the state-owned British Gas in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”

The Times, 28th June 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.

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

Wilson v. Jaymarke Estates Ltd.

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 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 – WLR Daily

Posted June 28th, 2007 in housing, law reports, rent by sally

Contour Homes Ltd. v. Rowen

“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 s 13 of the Housing Act 1988.”

WLR Daily, 26th June 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, 28th June 2007

Posted June 28th, 2007 in law reports by sally

Crystal Palace FC Ltd. v. Dowie

R (Godmanchester Town Council) & Others v. Secretary of State for Environment, Food and Rural Affairs & Anr

Jeffrey & Anr v. First Secretary of State & Anr

Commissioners for Her Majesty’s Revenue & Customs v. Mayor

Rowley & Others v. Secretary of State for Department of Work & Pensions

Wetherill & Others v. Birmingham CC

Daily Telegraph, 28th June 2007

Source: www.telegraph.co.uk

Hooper v. Secretary of State for Work and Pensions – Times Law Reports

Posted June 27th, 2007 in law reports, social security by sally

Fact sheet not unambiguous

Hooper v Secretary of State for Work and Pensions

Court of Appeal

“A government fact sheet was not clear and unambiguous enough so that overpayments of incapacity benefit were not recoverable from a person receiving the benefit who took up part-time paid employment without notifying the Secretary of State for Work and Pensions in breach of statute.”

The Times, 27th June 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 (Child)(Change of residence) – Times Law Reports

Posted June 27th, 2007 in children, law reports, stay of proceedings by sally

Appeal judges are always available

A (Child)(Change of residence)

Court of Appeal

“Court of Appeal judges were available out of hours for the consideration of an immediate stay of an order from the county court.”

The Times, 27th June 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.

Boehringer Ingelheim Ltd. and Others v. Vetplus Ltd – Times Law Reports

Posted June 27th, 2007 in advertising, freedom of expression, injunctions, law reports, trade marks by sally

Comparative advertisements must not be misleading

Boehringer Ingelheim Ltd and Others v Vetplus Ltd

Court of Appeal

“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”

The Times, 27th June 2007

Source: www.timesonline.co.uk

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

Regina (Baiai and Others) v. Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2007 in immigration, law reports, marriage by sally

Migrants’ marriage rule bias is disproportionate

Regina (Baiai and Others) v Secretary of State for the Home Department

Court of Appeal

“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the UK illegally contravened articles 12 and 14 of the European Convention on Human Rights guaranteeing the right to marry and prohibiting discrimination for nationality or religion.”

The Times, 26th June 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.

Polarpark Enterprises Inc v. Allason – Times Law Reports

Posted June 26th, 2007 in landlord & tenant, law reports by sally

Obligation gives tenant protection

Polarpark Enterprises Inc v. Allason

Chancery Division

“A licensee who occupied a property under a trust deed, which contained an obligation to repair and insure the property, had a protected licence.”

The Times, 26th June 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 (Governor of Wandsworth Prison) v. Kinderis and Others – Times Law Reports

Posted June 26th, 2007 in extradition, law reports, prisons by sally

Domestic prison duty postponed

Regina (Governor of Wandsworth Prison) v. Kinderis and Others

Queen’s Bench Divisional Court

“Where a prisoner was remanded in custody charged with offences in England and consented to extradition under a European arrest warrant, the prison governor should keep him in custody pending extradition and any duty to deliver him to the domestic crown court was postponed.”

The Times, 26th June 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.