C plc and another v. P (Attorney General intervening) [2007] EWCA Civ 493
“The common law privilege against self-incrimination could not be invoked in relation to illegal material found on a computer in the execution of a civil search order.”
WLR Daily, 22nd May 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.
Terrorist conspiracy sentence guidelines require review
Court of Appeal (Criminal Division)
“The level of sentences for terrorist conspiracies and attempts to commit mass murder should be increased.”
The Times, 23rd May 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.
“Where the taxpayer companies carried forward in their tax computations the element of depreciation in fixed assets that related to production of unsold stock as part of the cost of unsold stocks they did not infringe the prohibition of deductions for the depreciation of capital assets in s 74(1)(f) of the Income and Corporation Taxes Act 1988 (as renumbered by s 144(2) of the Finance Act 1994).”
WLR Daily, 28th March 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.
Lay and others v. Drexler and others [2007] EWCA Civ 464
“Where a tenant had filed an acknowledgment of service indicating an intention to take a new lease in response to his landlord’s application to the court to grant a new lease under the amended provisions of s 24(1) of the Landlord and Tenant Act 1954, subsequent notice to the court that the tenant no longer wanted a new tenancy was similar to filing of a notice to discontinue a claim for a new lease justifying an order that the tenant should pay the costs of the entire proceedings to the landlord.”
WLR Daily, 18th May 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
AWB Geneva SA and another v. North America Steamships Ltd. [2007] EWHC 1167 (Comm)
“A party to a contract that was subject to the exclusive jurisdiction of the English High Court could not restrain the other party’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.”
WLR Daily, 17th May 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.
Appeal impossible before decision notice served
Queen’s Bench Division
“There could be no appeal to the Information Tribunal unless the Information Commissioner had decided whether the requirements of Part I of the Freedom of Information Act 2000 had been complied with by a public authority and where a decision notice had been served.”
The Times, 22nd May 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.
Room for caseworker’s discretion
Ishtiaq v Secretary of State for the Home Department
Court of Appeal
“A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down.”
The Times, 22nd May 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.
Libel author’s identity irrelevant
Court of Appeal
“In defamation cases a cause of action accrued for limitation purposes even if the claimant was unaware of the identity of the relevant author.”
The Times, 22nd May 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.
Micro-sleep cause of accident
Eyres v. Atkinsons Kitchen and Bedrooms Ltd.
Court of Appeal
“A kitchen fitter who suffered serious injuries in crashing his employer’s van caused by a micro-sleep after being awake for 19 hours would be one third responsible for the accident.”
The Times, 21st May 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.
Secretary of State for the Home Department v. E [2007] EWCA Civ 459
“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Home Secretary complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”
WLR Daily, 17th May 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.
Housden and another v. the Conservators of Wimbledon and Putney Commons
“Where the capacity or power of the servient owner derived from a statute which rendered it unlawful for him to grant a particular easement no such right could be acquired by prescription under s 2 of the Prescription Act 1832.”
WLR Daily, 17th May 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.
Practice Direction (Criminal Proceedings: Further Directions)
“Text to be inserted into Parts III and IV of Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 (‘the consolidated criminal practice direction’) and the forms which were to be added to Annex D and Annex E were set out. The amendments were to take effect on 2 April 2007 when the Criminal Procedure (Amendment) Rules 2007 (SI 2007/699) came into force.”
WLR Daily, 30th March, 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.
Lawrence v. Pembrokeshire County Council [2007] EWCA Civ 446
“The Human Rights Act 1998 did not give rise to a duty of care to the parent of a child on the part of a local authority when exercising, through social workers, its duty to protect children from abuse. The local authority’s principal duty was to the child in need of protection, and there were powerful public policy reasons for not having a duty of care to the parents. There was no reason to treat social workers in this context any differently from policemen or doctors who were not subject to such a duty of care.”
WLR Daily, 14th May 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.
Dunwoody Sports Marketing v. Prescott [2007] EWCA Civ 461
“The power to order substitution of a new party for an existing party to an action under CPR r 19.2 continued after judgment had been given.”
WLR Daily, 17th May 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.
Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463
“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”
WLR Daily, 17th May 2007
Source: www.lawreports.co.uk
Power to delegate reporting obligations
Court of Appeal (Criminal Division)
“A control order that required a suspected terrorist to comply with reporting obligations, the details of which would be specified by a police officer, was valid.”
The Times, 18th May 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.
Contract valid despite nonconformity
Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.
House of Lords
“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”
The Times, 18th May 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.
Gouldsmith v. Mid-Staffordshire General Hospitals NHS Trust
General Medical Council v. Hiew
Hicks v. Russell Jones & Walker
Lake v. British Transport Police
Daily Telegraph, 17th May 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week.
Survivor was not successor to secure tenancy
Birmingham City Council v. Walker
House of Lords
“Where a joint tenant of council property became by survivorship the sole tenant, before becoming a secure tenant on the introduction of such tenancies in 1980 she was not herself a successor within the meaning of the Housing Act 1985 so as to debar further succession.”
The Times, 17th May 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.
Later appeal decision prevails
Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No. 2)
Court of Appeal (Criminal Division)
“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported [2007] EWCA Crim 218) which was decided earlier.”
The Times, 17th May 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.
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