Jail for unlawful computer access
Court of Appeal
“Police officers had to realise that accessing the police national computer for an improper purpose was an offence that required an immediate prison sentence.”
The Times, 12th 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.
Committal hearing should be separate from contact case
Court of Appeal
“It was not appropriate to hear contact proceedings at the same time as committal proceedings.”
The Times, 12th 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.
Rice and another v. Secretary of State for Trade and Industry and another
“The Secretary of State for Trade and Industry as statutory successor to the obligations of the National Dock Labour Board owed a common law duty of care to dock workers who had contracted asbestos related illnesses from unloading cargoes of asbestos.”
WLR Daily, 4th 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.
Official Receiver v. Hollens [2007] EWHC 753 (Ch)
“Subsections 303(2A) to (2C) of the Insolvency Act 1986 conferred upon the court the power to direct that the affairs of a partnership be wound up and its property administered as if the debtors had themselves presented a joint petition, even though they had not, so long as the partnership was insolvent and the order sought was one that could have been made had the individual members presented the joint petition.”
WLR Daily, 4th 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.
Hickling v. Baker [2007] EWCA Civ 287
“An application for a committal order under s 364 of the Insolvency Act 1986 where an undischarged bankrupt failed to co-operate with the trustee in bankruptcy should normally be made on notice, unless a statutory provision provided otherwise. Any other exception to that practice had to be justified by evidence. Further, any committal order made without notice should require that, once arrested, the person in question should be brought promptly before the court for a hearing in order to comply with art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th 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.
Limit to school’s special needs duty
“A school was not discriminating against an incontinent paraplegic pupil in the provision of education or associated services when it refused to clean and change him following a bowel accident.”
The Times, 11th 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.
Child’s emotional identity needs supersede grandparents’ wishes
In re E (a Child): Special guardianship order
Court of Appeal
“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”
The Times, 11th 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.
Judicial review available as well as statutory review
Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal
Court of Appeal
“In exceptional circumstances, judicial review was available to challenge an immigration judge’s decision even though a final statutory review procedure existed.”
The Times, 11th 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.
Right to work is not a possession
Regina (Mailk) v. Waltham Forest Primary Care Trust and Another
Court of Appeal
“The ability to earn a living was not a right of possession such as was capable of protection under the European Convention on Human Rights.”
The Times, 10th 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.
Selection of information is not creating protected data
Johnson v. Medical Defence Union Ltd. (No. 2)
Court of Appeal
“The selection of information from various manual and electronic files and its compilation on a computer did not constitute the creation of data capable of being processed under the Data Protection Act 1998.”
The Times, 10th 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.
Court of Appeal (Civil Division)
Catt, R (on the application of) v Brighton and Hove City Council [2007] EWCA Civ 298 (04 April 2007)
Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)
AH (Sudan)& Ors v Secretary of State for the Home Department [2007] EWCA Civ 297 (04 April 2007)
Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)
High Court (Administrative Court)
Secretary of State for the Home Department v Rideh [2007] EWHC 804 (Admin) (04 April 2007)
Bamber, R (on the application of) v HM Revenue & Customs [2007] EWHC 798 (Admin) (04 April 2007)
High Court (Chancery Division)
Wembley National Stadium Ltd v Wembley (London) Ltd& Ors [2007] EWHC 756 (Ch) (04 April 2007)
High Court (Queen’s Bench Division)
Rao v Central Liverpool Primary Care Trust [2007] EWHC 773 (QB) (04 April 2007)
Source: www.bailii.org
O’Brien v. Seagrave and another [2007] EWHC 788 (Ch)
“A claimant who had a right to bring a statutory claim for provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 could be said to have a sufficient “interest” in the estate to permit her to proceed with a probate claim under CPR rule 57.7(1).”
WLR Daily, 4th 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.
R (AW and others) v. Croydon London Borough Council and another [2007] EWCA Civ 266
Where a failed asylum seeker satisfied the criteria of s 21(1) and (1A) of the National Assistance Act 1948 in that he or she was “infirm destitute” and the provision of support was necessary for the purpose of avoiding a breach of his or her Convention rights within the meaning of para 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002, that provision fell to be made by a local authority pursuant to s 21 of the 1948 Act.
WLR Daily, 4th 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.
Edwards v. Golding and others [2007] WLR (D) 88
“In defamation cases knowledge of the identity of the tortfeasor was not an integral element required before a cause of action could be said to have accrued for the purposes of limitation.”
WLR Daily, 4th 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.
R (Balding) v. Secretary of State for Work and Pensions [2007] EWHC 759 (Admin)
“Where an individual was liable to repay overpaid social security benefit under the Social Security Administration Act 1992 this was counted as a liability to pay money under an enactment for the purposes of s 382(4) of the Insolvency Act 1986 and was a bankruptcy debt. Discharge of the bankrupt released him from liability for recovery of the overpaid benefit.”
WLR Daily, 4th 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.
Vranicki v. Architects Registration Board
R (Transport for London) v. Parking Adjudicator
Milton v. Crown Prosecution Service
Antoniades v. East Sussex Hospitals NHS Trust
R (Malik) v. Waltham Forest NHS Primary Care Trust & Anr
Daily Telegraph, 5th April 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week.
Court of Appeal (Civil Division)
Hickling v Baker [2007] EWCA Civ 287 (04 April 2007)
Court of Appeal (Criminal Division)
Leaf, R. v [2007] EWCA Crim 802 (04 April 2007)
Taylor & Anor, R. v [2007] EWCA Crim 803 (04 April 2007)
Gittins & Anor, R. v [2007] EWCA Crim 806 (04 April 2007)
European Court of Human Rights
COPLAND v. THE UNITED KINGDOM – 62617/00 [2007] ECHR 253 (3 April 2007)
Source: www.bailii.org
WWF – World Wide Fund for Nature and another v. World Wrestling Federation Entertainment Inc [2007] EWCA (Civ) 286
“On an action for breach of covenant the court could grant injunctions to restrain future breaches and damages for past breaches which could be in the form of a reasonable payment for the hypothetical release of that covenant during the period of the breach. However, if the claimant had sought to add a claim for an account of profits arising from the breach on the basis that such damages would not be claimed, and permission had been refused, it would be an abuse of process for him subsequently to advance a claim for such damages against the same defendant in the same action.”
WLR Daily, 3rd 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.
New evidence after justices retire
Malcolm v. Director of Public Prosecutions
Queen’s Bench Division
“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”
The Times, 4th 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.
No offset for overpaid benefit
Brown v. Secretary of State for Work and Pensions
Court of Appeal
“Where payments of disability living allowance had been suspended for overpayment and a redetermination made, payments subsequently awarded could not be offset against the irrecoverable overpayment, since the amount of payments would vary depending on how long it took for the redetermination to be reached.”
The Times, 4th 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.
© Inner Temple Library 2024