Category: law reports

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

Ellis v Bristol City Council – WLR Daily

Posted July 6th, 2007 in codes of practice, health & safety, law reports by michael

Ellis v Bristol City Council [2007] EWCA Civ 685

“The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”

 WLR Daily, 6th 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.

Abdirahman v. Secretary of State for Work and Pensions – WLR Daily

Posted July 6th, 2007 in law reports, social security by michael

Abdirahman v Secretary of State for Work and Pensions: Abdirahman v Leicester City Council and another: Ullusow v Secretary of State for Work and Pensions

“When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”

WLR Daily, 6th 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 (OSS Group Ltd) v Environment Agency – Times Law Reports

Posted July 6th, 2007 in environmental protection, law reports, waste by sally

Waste Directive does not cover old lubricating oil used as fuel

R (OSS Group Ltd) v. Environment Agency

Court of Appeal

“Lubricating oil collected after use and processed into fuel oil for burning could cease to be waste before it was burnt.”

The Times, 6th 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 (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports

Posted July 6th, 2007 in child support, duty of care, law reports by sally

No duty of care owed over child support

R (Rowley and others) v. Secretary of State for Work and Pensions

Court of Appeal

“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”

The Times, 6th 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   

Shala v Birmingham City Council – Times Law Reports

Posted July 6th, 2007 in housing, law reports by sally

Councils must not shelter behind doctors

Shala v. Birmingham City Council

Court of Appeal

“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”

The Times, 6th 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   

Daily Telegraph Law Reports, 5th July 2007

Posted July 5th, 2007 in law reports by michael

R (National Grid Gas plc) v. Environment Agency

Dara v. Germany

Shala & Another v. Birmingham City Council

Re P (A Child)

Pennwell Publishing (UK) Ltd v. Ornstien & Others

Daily Telegraph, 5th July 2007

Source: www.telegraph.co.uk

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

R (Singh) v Stratford Magistrates’ Court – WLR Daily

Posted July 5th, 2007 in law reports, mental health by sally

R (Singh) v. Stratford Magistrates’ Court

“Where a hospital or guardianship order was made under s 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under s 37(3).”

WLR Daily, 4th 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.
 

Seal v Chief Constable of South Wales Police – WLR Daily

Posted July 5th, 2007 in law reports, mental health by sally

Seal v. Chief Constable of South Wales Police

“It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.”

WLR Daily, 4th 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 (trading as Lonsdale Agencies) v Howard & Hallam Ltd (Winemakers’ Federation of Australia Inc intervening) – WLR Daily

Posted July 5th, 2007 in agency, compensation, law reports by sally

Lonsdale (trading as Lonsdale Agencies) v Howard & Hallam Ltd (Winemakers’ Federation of Australia Inc intervening)

“An award of £5,000 compensation rather than the two years’ commission sought by the agent pursuant to reg 17(6) of the Commercial Agents (Council Directive) Regulations 1993 had been adequate where the principal’s business had been in decline.”

WLR Daily, 4th 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.