Category: law reports

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.

In re Eurocruit Europe Ltd. – WLR Daily

Posted June 25th, 2007 in insolvency, law reports, limitations by sally

In re Eurocruit Europe Ltd. [2007] EWHC 1433 (Ch) 

“A claim under s 212 of the Insolvency Act 1986 did not have a limitation period distinct from the limitation period applicable to the underlying claim.”

WLR Daily, 21st June 2007

Source: www.lawreports.co.uk

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.