Category: law reports

Secretary of State for Trade and Industry v. Aaron and others – WLR Daily

Posted June 12th, 2007 in company directors, disqualification, expert witnesses, law reports by sally

Secretary of State for Trade and Industry v. Aaron and others

“In directors disqualification proceedings, the court might at times need expert assistance on issues of fact, but, generally speaking, it was hard to see why a court should need expert evidence that was simply expert opinion when considering the key question of whether a director was unfit to be concerned in the management of a limited company.”

WLR Daily, 7th 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.

Omar v. Birmingham City Council – Times Law Reports

Posted June 12th, 2007 in housing, law reports by sally

Housing authority need not state the obvious that the offer is final

Omar v. Birmingham City Council

Court of Appeal 

“It was not necessary for a letter offering accommodation in discharge of a local housing authority’s duty under the Housing Act 1996 to a person with priority need who was not intentionally homeless to state in so many words that the letter was “a final offer for the purposes of section 193(7)” where it was clear that it was a final offer.”

The Times, 12th 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.

DS v. HM Advocate – Times Law Reports

Posted June 12th, 2007 in evidence, law reports, Scotland, sexual offences by sally

When accused tries to import victim’s sexual history

DS v. HM Advocate

Privy Council

“A Scottish statute providing that when a court gave permission for a person accused of certain sexual offences to lead evidence of the alleged victim’s previous sexual history, there was a presumption in favour of laying before the jury the accused’s previous convictions for sexual offences unless he could show that such disclosure would not be in the interests of justice, or would prejudice his right to a fair trial.”

The Times, 12th 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.

Barnetson v. Framlington Group Ltd. and Another – Times Law Reports

Posted June 11th, 2007 in contract of employment, law reports, privilege by sally

Extent of without-prejudice  privilege before dispute

Barnetson v. Framlington Group Ltd. and Another 

Court of Appeal

“When considering whether evidence of prelitigation disputes between the parties should be excluded under without-prejudice privilege, the critical feature of proximity to the litigation was the subject matter of the dispute rather than how long before the threat or start of litigation the matter was aired in negotiations between the parties.”

The Times, 11th 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. Musone – Times Law Reports

Posted June 11th, 2007 in evidence, law reports by sally

Power to exclude evidence of probative value

Regina v. Musone

Court of Appeal (Criminal Division)

“Cases would be rare in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value and a court should be most reluctant to exclude evidence of that quality for such a breach; nevertheless there would be cases where the only way in which the court could ensure fairness was by excluding evidence even of substantial probative value.”

The Times, 11th 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.

Drury v. British Broadcasting Corporation and Another – Times Law Reports

Posted June 11th, 2007 in law reports, service, time limits by sally

All steps to be taken in time 

Drury v. British Broadcasting Corporation and Another

Court of Appeal

“A claimant applying to extend time for service of the claim form should demonstrate to the court that he had taken all reasonable steps to effect service on the defendant before the time for service expired.”

The Times, 11th 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. Harries and others – WLR Daily

Posted June 11th, 2007 in law reports, sentencing by sally

R v. Harries and others

“A term of imprisonment for public protection should not be imposed for an offence which was committed over a period of two or more days which straddled the coming into force of the dangerous offender provisions where it was not clear when the offence was actually committed.”

WLR Daily, 6th 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.

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities – WLR Daily

Posted June 11th, 2007 in competition, EC law, law reports by sally

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities (Case C-76/06P)

“Where the Commission of the European Communities found that an undertaking had participated in anti-competitive practices contrary to art 81 EC and imposed a fine by reference to the undertaking’s turnover in the “preceding business year”, and the undertaking had no turnover in the business year preceding the date of the infringement decision, the Commission was entitled to refer to another business year.” 

WLR Daily, 7th June 2007

Source: www.lawreports.co.uk

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

Byrne v. Motor Insurers’ Bureau – WLR Daily

Posted June 8th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v. Motor Insurers’ Bureau [2007] EWHC 1268 (QB)

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver under the Untraced Drivers Agreement 1972, which procedure was relied on by the United Kingdom as implementing art 1(4) of Council Directive 84/5/EEC, should be subject to a limitation period no less favourable than that which applied under s 28 of the Limitation Act 1980 to the commencement of proceedings by minors for personal injury in tort against a traced driver. Because the three-year time limit for the bringing of a claim under the Untraced Drivers Agreement 1972 was not compliant with art 1(4) of the Directive, which was capable of having direct effect, the United Kingdom was in sufficiently serious breach of its Community law obligations to give rise in principle to a liability for damages.”

WLR Daily, 7th 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 v. Jones – Times Law Reports

Posted June 8th, 2007 in children, incitement, law reports, sexual offences by sally

Specific child need not be identified

R v. Jones

Court of Appeal

“The offence of intentionally causing or inciting a child under 13 to engage in sexual activity could be committed even though it was not possible to identify any specific or identifiable child to whom the incitement was addressed.”

The Times, 8th 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.

Daily Telegraph Law Reports, 7th June 2007

Posted June 7th, 2007 in law reports by sally

In the Matter of Stuart Geoffrey Ives

In the Matter of Leon Nigel Kenton

R (Legal Remedy UK Ltd) v. Secretary of State for Health & Others

Lord Chancellor v. Haggan

Sutcliffe v. BMI Healthcare Ltd

Home Secretary v A & Anr

Daily Telegraph, 7th June 2007

Source: www.telegraph.co.uk

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

Lamont v. Burton – Times Law Reports

Posted June 7th, 2007 in fees, law reports, solicitors by sally

Payment-in and success fee

Lamont v. Burton

Court of Appeal

“In a road traffic accident claim, the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100 per cent success fee where the claimant had won at trial but failed to exceed a payment-in which was made earlier but rejected.”

The Times, 7th 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.

Revenue and Customs Commissioners v. Smallwood – Times Law Reports

Posted June 7th, 2007 in capital allowances, income tax, law reports by sally

Act does not operate to curb enterprise zone losses

Revenue and Customs Commissioners v Smallwood

Court of Appeal

“Section 41(2) of the Taxation of Chargeable Gains Act 1992 did not operate to restrict allowable losses that would otherwise have accrued in respect of a taxpayer’s units in an enterprise zone property unit trust when he received distributions that gave rise to a deemed disposal under section 122 of that Act.”

The Times, 7th 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.

Buckley v. Dalziel and Another – Times Law Reports

Posted June 7th, 2007 in defamation, law reports, privilege by sally

Complaints to police are privileged

Buckley v. Dalziel and Another

Queen’s Bench Division

“Absolute privilege and immunity from suit were available to a person who provided information to the police to set in motion the process of an inquiry into possible illegality.”

The Times, 7th June 2007

Source: www.thetimesonline.co.uk

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

Regina (Cooper) v. Parole Board – Times Law Reports

Posted June 6th, 2007 in judicial review, law reports, parole by sally

Parole board 55-day target unlawful

Regina (Cooper) v. Parole Board

Queen’s Bench Division

“Parole Board’s target of 55 days from request for the setting of hearing dates to considering the propriety of a person’s recall to prison, being driven by resources, was unlawful.”

The Times, 6th 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.

Hilali v. Governor of Whitemoor Prison and Another – Times Law Reports

Posted June 6th, 2007 in extradition, habeas corpus, law reports by sally

Habeas corpus ultimate remedy

Hilali v. Govenor of Whitemoor Prison and Another 

Queen’s Bench Divisional Court

“Where subsequent events had rendered unlawful the continued detention of a person under an extradition order, and the appeal procedure had been exhausted, the appropriate remedy was the issue of a writ of habeas corpus.”

The Times, 6th 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. Wilson (Ashlea) – Times Law Reports

Posted June 6th, 2007 in law reports, murder by sally

Fear of disobeying father is no defence to murder

Regina v. Wilson (Ashlea)

Court of Appeal (Criminal Division)

“A boy aged 13 did not have any defence to a charge of murder on the ground that he was complying with his father’s instructions, which he was too frightened to refuse to obey.”

The Times, 6th 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.

London Borough of Islington v. Honeygan-Green – WLR Daily

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

London Borough of Islington v. Honeygan-Green

“Where the determination of a secure tenancy by the granting of a possession order had brought to an end an existing application under the Housing Act 1985 which had established the right to buy at a particular time and a particular price, that application was not capable of being revived once the tenancy itself had been revived.”

WLR Daily, 25th 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.

Shierson and another v. Rastogi – WLR Daily

Posted June 5th, 2007 in bankruptcy, company directors, evidence, law reports by sally

Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)

The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.

WLR Daily, 25th 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.

Revenue and Customs Commissioners v Barclays Bank plc – Times Law Reports

Posted June 5th, 2007 in income tax, law reports by sally

Employees’ free advice compensation is chargeable to income tax

Revenue and Customs Commissioners v Barclays Bank plc

Court of Appeal

“Payments to former employees of a bank to compensate them for the termination of an arrangement to provide them with a free tax advice service were made in connection with past service and were chargeable to income tax as relevant benefits requiring the bank to account to the Revenue for the tax under the pay-as-you-earn provisions. ”

The Times, 5th 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.