law reports – Page 361 – Current Awareness

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – Times Law Reports

Posted June 25th, 2007 in EC law, health & safety, law reports by sally

‘Practicable’ health and safety duty is sufficient for EU Law

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland C-127/05

“The fact that the duty on United Kingdom employers to ensure the health, safety and welfare at work of all employees was imposed only “so far as is reasonably practicable”, did not entail an infringement of European Community law.”

The Times, 25th 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.

Jaffray and ors v. Society of Lloyd’s – WLR Daily

Posted June 22nd, 2007 in appeals, fraud, jurisdiction, law reports by sally

Jaffray and ors v. Society of Lloyd’s [2007] EWCA Civ 586

“The question whether the Court of Appeal had jurisdiction to reopen a case which had been before it already but where there was now an allegation of fraud, as opposed to a claim of bias by the court, was arguably moot notwithstanding ostensible authority that no such jurisdiction existed.”

WLR Daily, 20th 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.

Sharma and others v. Attorney General of Trinidad and Tobago – WLR Daily

Posted June 22nd, 2007 in law reports, parliament, remuneration, Trinidad & Tobago by sally

Sharma and others v. Attorney General of Trinidad and Tobago [2007] UKPC 42

“The Constitution of Trinidad and Tobago by implication conferred on an elected member of the House of Representatives a right to be paid a salary enforceable from the day after the general election poll if the member present and willing to take the oath was thereafter, for any procedural reason, denied the opportunity to do so.
The Judicial Committee of the Privy Council so held when allowing an appeal by the 18 appellants from the decision of the Court of Appeal of Trinidad and Tobago.”

WLR Daily, 20th 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.

YL v. Birmingham City Council – WLR Daily

Posted June 22nd, 2007 in care homes, human rights, law reports by sally

YL v. Birmingham City Council [2007] UKHL 27

“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”

WLR Daily, 20th 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.

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. – WLR Daily

Posted June 22nd, 2007 in advertising, freedom of expression, injunctions, law reports, trade marks by sally

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. [2007] EWCA Civ 584

“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”

WLR Daily, 20th 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.

YL v. Birmingham City Council and Others – Times Law Reports

Posted June 21st, 2007 in care homes, human rights, law reports by sally

Exercise of delegated council duty is a private function

YL v. Birmingham City Council and Others

House of Lords

“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”

The Times, 21st 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.

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners – WLR Daily

Posted June 21st, 2007 in law reports, VAT by sally

Midlands Co-operative Society Ltd. v. Revenue and Customs Commissioners [2007] EWHC 1432 (Ch)

“The Value Added Tax Act 1994 and its associated Regulations allowed the benefit of a claim under s 80 of the Act for overpaid output tax to be assigned.”

WLR Daily, 19th 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 (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted June 21st, 2007 in law reports, rights of way by sally

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2007] UKHL 28

“‘Sufficient evidence’ under s 31(1) of the Highways Act 1980 that a landowner had had no intention to dedicate a way as a highway required evidence of overt acts demonstrating his lack of intention and coming to the attention of users of the way.”

WLR Daily, 20th June 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 (Rowley and others) v. Secretary of State for Work and Pensions – WLR Daily

Posted June 21st, 2007 in child support, duty of care, law reports by sally

R (Rowley and others) v. Secretary of State for Work and Pensions (Resolution intervening) [2007] EWCA Civ 598

“The Secretary of State for Work and Pensions did not owe a common law duty of care to qualifying children or to those with their care in discharging his functions under the Child Support Act 1991.”

WLR Daily, 19th 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.

House of Lords Judgments: whats new?

Posted June 21st, 2007 in law reports by sally

YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v. Birmingham City Council and others (Respondents) [2007] UKHL 27

R (on the application of Godmanchester Town Council) (Appellants) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action [2007] UKHL 28

Wilson (Respondent) v. Jaymarke Estates Limited and another (Appellants) (Scotland) [2007] UKHL 29

Source: www.parliament.uk

Daily Telegraph, 21st June 2007

Posted June 21st, 2007 in law reports by sally

R (Al-Skeini & Others) v. Secretary of State for Defence

JPC v. SLW & Anr

Islington LBC v. Honeygan-Green

Ridgway v. JP Morgan Chase Bank National Association

Transport and General Workers Union v. Safeway Stores Ltd.

R (Heffernan) v. Rent Service

Daily Telegraph, 21st June 2007

Source: www.telegraph.co.uk

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

Lay and Others v Drexler and Others – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Risk of costs when tenant changes mind over lease

Lay and Others v. Drexler and Others

“A business tenant who told his landlord he wanted to renew his lease and subsequently told the court he had changed his mind could be liable for the landlord’s court costs.”

The Times, 20th 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 v. Mujuru and Another – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Jury understands ‘significant’

Regina v. Mujuru and Another

When determining whether a person was guilty of causing or allowing the death of a child or vulnerable adult by the unlawful act of a person in the same household, when he was or ought to have been aware of a significant risk of serious physical harm, the term “significant” bore its ordinary, normal meaning.

The Times, 20th June 2007

Source: www.timesonline.co.uk

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

Bunney v. Burns Anderson plc and Another – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Statutory cap cannot be exceeded

Bunney v. Burns Anderson plc and Another

“It was outwith the Financial Services Ombudsman’s powers to make a direction under section 229(2) of the Financial Services and Markets Act 2000 that, if implemented, would require a firm to pay a complainant an amount exceeding the statutory cap of £100,000.”

The Times, 20th 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.

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – WLR Daily

Posted June 19th, 2007 in EC law, health & safety, law reports by sally

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland (Case C-127/05)

“Because, inter alia, the provision in art 5(1) of Directive 89/391 imposing a duty on employers to ensure the safety and health of workers did not require employers to be subject to no-fault liability, the Commission of the European Communities had not established that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do that only ‘so far as is reasonably practicable’, the UK had failed to fulfil its obligations under art 5(1) and (4) of the Directive.”

WLR Daily, 14th 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 (Pereira) v. HM Coroner for Inner South London and others – WLR Daily

Posted June 18th, 2007 in coroners, inquests, law reports by sally

R (Pereira) v. HM Coroner for Inner South London and others

“A coroner’s power to adjourn an inquest under s 16(1)(b) of the Coroner’s Act 1988 was discretionary. Where a reason not to adjourn had been established, a decision to do so made in the exercise of that discretion could not be impugned by way of judicial review provided that the decision had been made rationally, taking into account all relevant matters and in the light of the state’s duty to investigate a death under art 2 of the European Convention on Human Rights.”

WLR Daily, 14th June 2007

Source: www.lawreports.co.uk

General Medical Council v. Hiew – Times Law Reports

Posted June 15th, 2007 in doctors, judicial review, law reports by sally

Extending suspension of doctor

General Medical Council v. Hiew

Court of Appeal

“It was not the function of a judge being asked to extend the interim suspension from practice of a doctor by the General Medical Council to make findings of fact that led to the suspension. If the reason for the suspension was to be challenged, the doctor should seek judicial review.”

The Times, 15th 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 v. Green – Times Law Reports

Posted June 15th, 2007 in confiscation, conspiracy, law reports by sally

Conspirators each liable for full compensation

Regina v. Green

Court of Appeal (Criminal Division)

“Where two or more persons acting together as principals in a drug-trafficking offence jointly received payment or reward in connection with that offence, the value of each person’s proceeds for confiscation purposes included the whole value of that payment or reward.”

The Times, 15th 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.

Byrne v. Motor Insurers’ Bureau and Another – Times Law Reports

Posted June 15th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

UK in breach of uninsured drivers’ duty

Byrne v. Motor Insurers’ Bureau and Another

Queen’s Bench Division

“Failure by the United Kingdom to comply with the Second European Directive on motor insurance rendered it liable in damages.”

The Times, 15th 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.