Category: law reports

R v Brown; R v Carty – Times Law Reports

Posted June 5th, 2007 in law reports, murder, sentencing by sally

Removing disparity in life tariffs reflecting age disparity of murderers

R v. Brown; R v. Carty

Court of Appeal

“Where two codefendants committed a murder jointly and one was aged just over 18 and the other just under, the sentencing judge, in fixing the minimum terms to be served, should adopt the starting point appropriate to each age and then move to a position where any sentence disparity was no more than a fair reflection of the age difference between the offenders.”

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.

Revenue and Customs Commissioners v. Decadt – Times Law Reports

Posted June 4th, 2007 in income tax, law reports by sally

Training cost is not tax-deductible

Revenue and Customs Commissioners v. Decadt

Chancery Division

“For expenses to be deductible from a taxpayer’s earnings, they had to be necessarily incurred in the performance of his duties and not simply because he was obliged by his contract to incur them.”

The Times, 4th 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.

Housden and Another v. Conservators of Wimbledon and Putney Commons – Times Law Reports

Posted June 4th, 2007 in easements, law reports by sally

No private right of way possible

Housden and Another v. Conservators of Wimbledon and Putney Commons

Chancery Division

“A prescriptive right based on 40 years of use could not be acquired under section 2 of the Prescription Act 1832 where the servient owners had powers derived from a statute that rendered it unlawful for them to grant the right claimed.”

The Times, 4th 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.

Hughes v. Grampian Country Food Group Ltd. – Times Law Reports

Posted June 4th, 2007 in health & safety, law reports by sally

Trussing chickens is not manual handling

Hughes v. Grampian Country Food Group Ltd.

Court of Sesssion, Inner House

“A process worker trussing chicken carcasses was not performing a manual handling operation for the purposes of the Manual Handling Operations Regulations (SI 1992 No 2793).”

The Times, 4th 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.

Secretary of State for the Home Department v. E – Times Law Reports

Posted June 1st, 2007 in control orders, law reports, terrorism by sally

Control order curfew is reasonable

Secretary of State for the Home Department v. E

Court of Appeal

“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Secretary of State for the Home Department complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”

The Times, 1st 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, 31st May 2007

Posted May 31st, 2007 in law reports by sally

Charman v. Charman

Ceredigion CC v. Jones

Commissioner of Police for the Metropolis v. Kay

In the matter of Gorringe

C plc v. P & Anr

Yewbelle Ltd. v. London Green Developments Ltd. & Anr 

Daily Telegraph, 31st May 2007 

Source: www.telegraph.co.uk

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

BAILII: Recent decisions

Posted May 31st, 2007 in law reports by sally

Court of Appeal (Civil Division)

Charman v Charman [2007] EWCA Civ 503 (24 May 2007)

Ford-Camber Ltd. v Deanminster Ltd & Anor [2007] EWCA Civ 458 (24 May 2007)

Experience Hendrix LLC v Purple Haze Records Ltd & Ors [2007] EWCA Civ 501 (24 May 2007)

KR (Iraq) v Secretary of State for the Home Department [2007] EWCA Civ 514 (24 May 2007)

Framlington Group Ltd & Anor v Barnetson [2007] EWCA Civ 502 (24 May 2007)

Howard De Walden Estates Ltd & Anor v Les Aggio & Ors [2007] EWCA Civ 499 (24 May 2007)

Hooper v Secretary of State for Work and Pensions [2007] EWCA Civ 495 (24 May 2007)

Court of Appeal (Criminal Division)

Sampson & Ors, R. v [2007] EWCA Crim 1238 (25 May 2007)

Tirnaveanu, R v [2007] EWCA Crim 1239 (24 May 2007)

High Court (Chancery Division)

Bunney v Burns Anderson Plc & Anor [2007] EWHC 1240 (Ch) (25 May 2007)

High Court (Commercial Court)

Abu Dhabi Investment Company & Ors v H Clarkson & Company Ltd & Ors [2007] EWHC 1267 (Comm) (25 May 2007)

High Court (Queen’s Bench Division)

Signet Partners Ltd v Signet Research & Advisory SA & Ors [2007] EWHC 1263 (QB) (24 May 2007)

Source: www.bailii.org

Bunney v. Burns Anderson plc and another; Cahill v. Timothy James & Partners Ltd. – WLR Daily

Posted May 31st, 2007 in financial services ombudsman, law reports by sally

Bunney v. Burns Anderson plc and another; Cahill v. Timothy James & Partners Ltd. [2007] EWHC 1240 (Ch.) 

“The Financial Services Ombudsman did not have the power to make a direction under s 229(2)(b) of the Financial Services and Markets Act 2000 that would require a respondent to make a money award exceeding the statutory cap provided in the Ombudsman scheme rules.”

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.

Regina v. McNee; Regina v. Russell, Regina v. X – Times Law Reports

Posted May 31st, 2007 in law reports, sentencing by sally

Sentencing judge can consult tariff

Regina v. McNee; Regina v. Russell; Regina v. X

Court of Appeal (Criminal Division)

“Although when imprisoning a defendant to a discretionary life sentence, the sentencing judge was not obliged to have regard to the minimum tariffs for mandatory life sentences set our in Schedule 21 to the Criminal Justice Act 2003, it was not wrong to do so.”

The Times, 31st 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.

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

Posted May 31st, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

Abuse of executive power over Chagos Islanders

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)

Court of Appeal

“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”

The Times, 31st 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.

Regina (Johnson) v. Secretary of State for the Home Department and Another – Times Law Reports

Posted May 30th, 2007 in human rights, law reports, prisons by sally

Arbitrary delay in parole hearing

Regina (Johnson) v. Secretary of State for the Home Department and Another

Court of Appeal

“The failure by the Parole Board to consider speedily the entitlement of a long-term prisoner to parole made his continued detention after eligibility for parole arbitrary, unjustified and therefore unlawful.”

The Times, 30th 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.

Regina v. Hendy-Freegard – Times Law Reports

Posted May 30th, 2007 in kidnapping, law reports, misrepresentation by sally

Elements of kidnapping were not made out

Regina v. Hendy-Freegard

Court of Appeal (Criminal Division)

“The offence of kidnapping was not committed by a defendant who fraudulently induced a person to make a journey which did not deprive him of his liberty.”

The Times, 30th 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.

Lawrence v. Pembrokeshire County Council – Times Law Reports

Posted May 29th, 2007 in child abuse, duty of care, law reports, local government by sally

Parent is owed no duty of care by children’s social workers

Lawrence v. Pembrokeshire County Council 

Court of Appeal

“The right to respect for family life, guaranteed by article 8 of the European Convention on Human Rights, did not outweigh the duty of a local authority to protect children at risk by placing them on the Child Protection Register.”

The Times, 29th 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.

C plc and Another v. P – Times Law Reports

Posted May 29th, 2007 in disclosure, law reports, self-incrimination by sally

Civil search order discloses potential criminal liability

C plc and Another v. P

Court of Appeal

“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”

The Times, 29th 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.

O’Connor and Others v. Wiltshire County Council – Times Law Reports

Posted May 29th, 2007 in law reports, local government, roads by sally

County’s duty as highway authority

O’Connor and Others v. Wiltshire County Council

Court of Appeal

“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”

The Times, 28th 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.

R v. Musone – WLR Daily

Posted May 29th, 2007 in evidence, law reports by sally

R v. Musone [2007] EWCA Crim 1237

“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”

WLR Daily, 23rd 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.

R v. Tirnaveanu – WLR Daily

Posted May 29th, 2007 in bad character, law reports by sally

R v. Tirnaveanu [2007] EWCA Crim 1239 

“Evidence of misconduct by a defendant was evidence “to do with” the alleged facts of the offence with which the defendant was charged and therefore excluded from the definition of bad character in s 98(a) of the Criminal Justice Act 2003, if it had some nexus in time with that offence.”

WLR Daily, 24th 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.

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. – WLR Daily

Posted May 29th, 2007 in landlord & tenant, law reports by sally

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. [2007] EWCA Civ 499 

“It was not within the contemplation of the Leasehold Reform, Housing and Urban Development Act 1993 that the leaseholder of a long lease of a building, which included multiple flats and common parts, came within the expression “a qualifying tenant of a flat” in s 56(1) so as to be able to exercise a statutory right to acquire a new long lease of a flat in the leased building, and the landlord of such a leaseholder was not bound to grant a new long lease.”

WLR Daily, 24th 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.

Charman v. Charman – WLR Daily

Posted May 29th, 2007 in divorce, law reports by sally

Charman v. Charman

“In ancillary relief proceedings where the court was carrying out the statutory exercise under s 25 of the 1973 Act, consideration of the “sharing principle” was no longer required to be postponed until the end of the statutory exercise, and sharing had become a principle rather than a ‘yardstick for use as a check’.”

WLR Daily 24th May 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 (Baia and another) v. Secretary of State for the Home Department – WLR Daily

Posted May 29th, 2007 in human rights, immigration, law reports, marriage by sally

R (Baia and another v. Secretary of State for the Home Department

“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”

WLR Daily, 23rd 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.