Category: law reports

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

Moore v. Moore – Times Law Reports

Posted April 25th, 2007 in conflict of laws, divorce, law reports by sally

Keeping court informed in overlapping jurisdictions

Moore v. Moore

Court of Appeal

“In cases involving overlapping proceedings in different jurisdictions there should be someone on each team who was able to inform both courts of the progress of the case in the other jurisdiction.”

The Times, 25th 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 (Gibbs) v. Bishop of Manchester – Times Law Reports

Posted April 25th, 2007 in ecclesiastical law, employment, law reports by sally

Reasonable notice is sufficient

Regina (Gibbs) v. Bishop of Manchester

Queen’s Bench Division

“Since a lay worker in a diocese was not protected by employment legislation, his licence to serve might be revoked with no right of appeal, provided he had been given reasonable notice.”

The Times, 25th 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. Osbourne – Times Law Reports

Posted April 24th, 2007 in bad character, law reports by sally

Shouting not relevant to offence

Regina v. Osbourne 

Court of Appeal (Criminal Division)

“The fact that a defendant shouted at his partner in the context of a charge of murdering his friend was not evidence amounting to reprehensible behaviour within the bad character provisions of the Criminal Justice Act 2003.”

The Times, 24th 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.

Copland v. United Kingdom – Times Law Reports

Posted April 24th, 2007 in human rights, law reports, privacy by sally

Employee’s privacy breached by employer’s monitoring

Copland v. United Kingdom (Application No. 62617/00)

European Court of Human Rights 

“The collection and storage of information by an employer of an employee’s telephone, e-mail and internet usage at the place of work was, in the absence of any legal provisions, unjustified.”

The Times, 24th 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.

London & Quadrant Housing Trust v. Ansell – WLR Daily

Posted April 23rd, 2007 in housing, law reports by sally

London & Quadrant Housing Trust v. Ansell

“Where, pursuant to ss 82 and 85 of the Housing Act 1985, a former secure tenant, following a possession order made against her, remained in occupation as a tolerated trespasser but failed to comply with the conditions imposed under the order the proper course was for the landlord to recover possession by issuing fresh proceedings. It was not appropriate to issue a warrant to recover possession under the original order to enable the tenant to claim protection under s 85 (2) of the Housing Act 1985.”

WLR Daily, 19th 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.

Chiniah v. Director General of the Mauritius Revenue Authority – WLR Daily

Posted April 20th, 2007 in company directors, income tax, law reports by sally

Chiniah v. Director General of the Mauritius Revenue Authority 

“A court could take into account a director’s dominant shareholding of a company in determining whether, under the law of Mauritius, he was a ‘principal officer’ of that company so as to be personally liable for income tax owed by the company.The Privy Council so held in dismissing an appeal by Jayram Chiniah from the order of the Court of Civil Appeal of Mauritius (YKJ Yeung Sik Yuen ACJ and P Lam Shang Leen J) affirming the decision of the Supreme Court of Mauritius to dismiss his notice of motion for erasure of an inscription of privilege in the sum of Rs 6.9m over his property, taken under the authority of the Income Tax Act 1995, in respect of income tax for the years 1991–92 to 1994–95 due by a company, Chiniah & Sons Ltd of which he was, until 17 April 1996, a director.”

WLR Daily, 17th 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.

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd. – Times Law Reports

Posted April 20th, 2007 in landlord & tenant, law reports by sally

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th 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.

O’Hanlon v. Customs Commissioners – Times Law Reports

Posted April 20th, 2007 in disability discrimination, law reports by sally

Limit to sick pay is lawful

O’Hanlon v. Revenue and Customs Commissioners

Court of Appeal 

“A sick pay policy that did not provide unlimited full pay for a disabled employee who had lengthy absences from work was not discriminatory under the Disability Discrimination Act 1995.”

The Times, 20th 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.