Category: law reports

R (Dost Mohammed) v. Secretary of State for Defence – WLR Daily

Posted May 3rd, 2007 in armed forces, compensation, law reports, prisoners of war, race discrimination by sally

R (Dost Mohammed) v. Secretary of State for Defence [2007] EWCA Civ 983

“The scheme adopted by the British Government in 2000 to make an ex gratia single payment of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate on grounds of race against a Pakistani citizen who had been captured while serving in the Indian army and who could not meet the criteria set out in the scheme.”

WLR Daily, 1st 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.

Adelson and another v. Associated Newspapers Ltd. – WLR Daily

Posted May 3rd, 2007 in law reports, limitations, pleadings by sally

Adelson and another v. Associated Newspapers Ltd.

“There was no jurisdiction under s 35 of the Limitation Act 1980 or under CPR r 19.5 to grant an application to amend pleadings by the addition of new claimants in the course of a libel action after the expiry of the limitation period.”

WLR Daily, 1st 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.

Judgment in full: Douglas v. Hello! – The Times

Posted May 2nd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Douglas v. Hello! [2007] UKHL 21

The Times, 2nd May 2007

Source: www.timesonline.co.uk

House of Lords Judgments: What’s new?

Posted May 2nd, 2007 in law reports by sally

OBG Limited and others (Appellants) v. Allan and others (Respondents) Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents) Mainstream  Properties Limited (Appellants) v. Young and others and another (Respondents) [2007] UKHL 21 (2 May 2007)

Source: www.parliament.uk

O’Brien v. Seagrave and Another – Times Law Reports

Posted May 2nd, 2007 in law reports, probate by sally

Claim provides sufficient interest

O’Brien v. Seagrave and Another

Chancery Division 

“A claimant who had a right to bring a statutory claim for provision from a deceased’s estate could be said to have an interest in the estate for the purposes of bringing a probate claim.”

The Times, 2nd 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.

Evans v. United Kingdom – Times Law Reports

Posted May 2nd, 2007 in embryology, human rights, law reports by sally

Public interest outweighs individual’s private right

Evans v. United Kingdom (Application No. 6339/05)

European Court of Human Rights

“The United Kingdom did not exceed its margin of appreciation in requiring that both donors had to give consent to the implanting of fertilised embryos in the uterus.”

The Times, 2nd 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 (Balding) v Secretary of State for Work and Pensions – Times Law Reports

Posted May 1st, 2007 in benefits, insolvency, law reports by sally

Overpaid benefit not recoverable

Regina (Balding) v. Secretary of State for Work and Pensions

Queen’s Bench Divisional Court

“Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. Discharge from bankruptcy released the debtor from liability for recovery of the overpaid benefit.”

The Times, 1st 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.

Belfast City Council v. Miss Behavin’ Ltd. – Times Law Reports

Posted May 1st, 2007 in law reports, licensing by sally

Sex shop objections can be considered out of time

Belfast City Council v. Miss Behavin’ Ltd.

House of Lords 

“In refusing an application for a sex shop licence, a local authority was entitled to take into account objections to the application received after the expiry of the prescribed period.”

The Times, 1st 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.

British Broadcasting Corporation v. Sugar – WLR Daily

Posted May 1st, 2007 in freedom of information, law reports, media by sally

British Broadcasting Corporation v. Sugar [2007] EWHC 905 (Admin) 

“It was only in respect of information held by the British Broadcasting Corporation otherwise than for the purposes of journalism, art or literature that the BBC was a public authority subject to the requirements of Pts I to IV of the Freedom of Information Act 2000.”

WLR Daily, 27th April 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.

Crown Prosecution Service v. P – WLR Daily

Posted May 1st, 2007 in children, doli incapax, law reports by sally

Crown Prosecution Service v. P [2007] EWHC 946 (Admin) 

“The effect of s 34 of the Crime and Disorder Act 1998 was to abolish the presumption that a child was doli incapax, but not the defence itself.”

WLR Daily, 27th April 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. M and others – WLR Daily

Posted May 1st, 2007 in appeals, law reports, precedent, terrorism by sally

Regina v. M and others (No. 2) 

“Where a ruling made at a preparatory hearing was overturned on appeal and the Court of Appeal differently constituted 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 on the basis that any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial.”

WLR Daily, 27th April 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.

WWF European Policy Programme v. Council of the European Union – WLR Daily

Posted May 1st, 2007 in EC law, freedom of information, law reports by sally

WWF European Policy Programme v. Council of the European Union (supported by Commission of the European Communities, intervener) (Case T-264/04)

“The public right of access to documents of the EC institutions entailed in principle an obligation on the part of the institutions to document their activities.”

 WLR Daily, 25th April 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.

Derbyshire and Others v St Helens Metropolitan Borough Council (Equal Opportunities Commission and Others, intervening) – Times Law Reports

Posted April 27th, 2007 in equal pay, law reports, sex discrimination, victimisation by sally

Employer’s letters were victimisation

Derbyshire and Others v. St Helens Metropolitan Borough Council (Equal Opportunities Commission and Others, intervening)

House of Lords

“Letters sent by an employer to employees warning them of the consequences if they persisted with equal pay claims had gone further than was reasonable in protecting the employer’s interests in the litigation and had amounted to victimisation under the Sex Discrimination Act 1975.”

The Times, 27th April 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. Krivec – Times Law Reports

Posted April 27th, 2007 in law reports, sentencing by sally

Justified leniency is to be commended 

Regina v. Krivec (Attorney General’s Reference No. 8 of 2007)

Court of Appeal (Criminal Division)

“Judges should not refrain from imposing on a defendant the sentence considered appropriate because of apprehension that that might cause the Attorney-General to challenge it as unduly lenient. Leniency where the facts justified it was to be commended, not challenged.”

The Times, 27th April 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.

BAILII: Recent decisions

Posted April 26th, 2007 in law reports by sally

Court of Appeal (Civil Division) 

Andealon International Proprietary Ltd. v. London Borough of Merton [2007] EWCA Civ 362 (25 April 2007)

Straker v. Tudor Rose (a firm) [2007] EWCA Civ 368 (25 April 2007)

Unilin Beheer BV v. Berry Floor NV & Ors [2007] EWCA Civ 364 (25 April 2007)

Hunt v. Soady [2007] EWCA Civ 366 (26 April 2007)

Ishtiaq v. Secretary of State for the Home Department [2007] EWCA Civ 386 (26 April 2007)

Secretary of State for the Home Department v. Latif [2007] EWCA Civ 385 (26 April 2007)

Smith v. Southampton University Hospital NHS [2007] EWCA Civ 387 (26 April 2007)

Court of Appeal (Criminal Division)

Currie, R v [2007] EWCA Crim 926 (26 April 2007)

High Court (Administrative Court)

Vicarage Gate Ltd v First Secretary of State [2007] EWHC 768 (Admin) (26 April 2007)

Hilali v Governor of HMP Whitemoor & Ors [2007] EWHC 939 (Admin) (25 April 2007)

High Court (Commercial Court)

Wasa International Insurance Company Ltd. v Lexington Insurance Co [2007] EWHC 896 (Com) (25 April 2007)

High Court (Queen’s Bench Division)

Curistan v Times Newspapers Ltd [2007] EWHC 926 (QB) (25 April 2007)

Source: www.bailii.org

Godfrey v Torpy and others – WLR Daily

Posted April 26th, 2007 in insolvency, law reports by sally

Godfrey v. Torpy and others [2007] EWHC 919 (Ch) 

“Where an application for an order had been made under s 423 of the Insolvency Act 1986 to set aside a transaction which had been entered into at an undervalue and had defrauded creditors, and the individual or company against whom the application had been made was thereafter adjudicated bankrupt or became insolvent, the proceedings could continue without the leave of the court.”

WLR Daily, 23rd April 2007

Source: www.lawreports.co.uk

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

House of Lords Judgments: What’s new?

Posted April 26th, 2007 in law reports by sally

St Helens Borough council (Respondents) v. Derbyshire and others (Appellants) [2007] UKHL 16 (25 April 2007)

Stack (Appellant) v. Dowden (Respondent) [2007] UKHL 17 (25 April 2007)

Melville Dundas Limited (in receivership) and others (Respondents) v. George Wimpey UK Limited and others (Appellants) (Scotland) [2007] UKHL 18 (25 April 2007)

Belfast City Council (Appellants) v. Miss Behavin’ Limited (Respondents) (Northern Ireland) [2007] UKHL 19 (25 April 2007)

Riverside Housing Association Limited (Appellants) v. White (FC) and another (FC) (Respondents) [2007] UK HL 20 (25 April 2007)

Source: www.parliament.uk

Stack v Dowden – Times law Reports

Posted April 26th, 2007 in cohabitation, law reports by sally

Presumption of equality in couple’s joint ownership

Stack v Dowden

House of Lords

“A conveyance of a domestic property into the joint names of cohabitants established a prime facie case of joint and equal beneficial interests in the property until the contrary was proved.”

The Times 26th April 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

Daily Telegraph Law Reports, 26th April 2007

Posted April 26th, 2007 in law reports by sally

McKinnon v. United States of America & Anr

K v. Special Educational Needs and Disability Tribunal & Anr

Rao v. Central Liverpool Primary Care Trust

Oxford City Council v. Secretary of State for Communities and Local Government & Anr

R (Holloway) v. Oxfordshire County Council & Others

Wembley National Stadium Ltd. v. Wembley (London) & Others

Daily Telegraph, 26th April 2007

Source: www.telegraph.co.uk

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

London and Quadrant Housing Trust v. Ansell – Times Law Reports

Posted April 25th, 2007 in landlord & tenant, law reports by sally

Fresh proceedings against tenant

London and Quadrant Housing Trust v. Ansell 

Court of Appeal

“A landlord could issue fresh proceedings against a secure tenant who had failed to pay arrears of rent on time under a previous possession order and had stayed in occupation, rather than seeking to revive that previous order.”

The Times, 25th April 2007

Source: www.timesonline.co.uk