Category: law reports
Ellis v Bristol City Council – WLR Daily
Ellis v Bristol City Council [2007] EWCA Civ 685
“The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”
WLR Daily, 6th July 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.
Abdirahman v. Secretary of State for Work and Pensions – WLR Daily
“When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”
WLR Daily, 6th July 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 (OSS Group Ltd) v Environment Agency – Times Law Reports
Waste Directive does not cover old lubricating oil used as fuel
R (OSS Group Ltd) v. Environment Agency
Court of Appeal
“Lubricating oil collected after use and processed into fuel oil for burning could cease to be waste before it was burnt.”
The Times, 6th July 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 (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports
No duty of care owed over child support
R (Rowley and others) v. Secretary of State for Work and Pensions
Court of Appeal
“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”
The Times, 6th July 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
Shala v Birmingham City Council – Times Law Reports
Councils must not shelter behind doctors
Shala v. Birmingham City Council
Court of Appeal
“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”
The Times, 6th July 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, 5th July 2007
R (National Grid Gas plc) v. Environment Agency
Shala & Another v. Birmingham City Council
Pennwell Publishing (UK) Ltd v. Ornstien & Others
Daily Telegraph, 5th July 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week
R (Singh) v Stratford Magistrates’ Court – WLR Daily
R (Singh) v. Stratford Magistrates’ Court
“Where a hospital or guardianship order was made under s 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under s 37(3).”
WLR Daily, 4th July 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.
Seal v Chief Constable of South Wales Police – WLR Daily
Seal v. Chief Constable of South Wales Police
“It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.”
WLR Daily, 4th July 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.
Lonsdale (trading as Lonsdale Agencies) v Howard & Hallam Ltd (Winemakers’ Federation of Australia Inc intervening) – WLR Daily
“An award of £5,000 compensation rather than the two years’ commission sought by the agent pursuant to reg 17(6) of the Commercial Agents (Council Directive) Regulations 1993 had been adequate where the principal’s business had been in decline.”
WLR Daily, 4th July 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.
Commissioners for Revenue and Customs v BUPA Purchasing Ltd and Others – Times Law Reports
Taxpayer not entitled to reduce VAT
Commissioners for Revenue and Customs v BUPA Purchasing Ltd and Others
Court of Appeal
“Where the Commissioners for Revenue and Custome had made a value-added tax assessment and the time limit for making any further assessment had passed before they became aware that further input tax was deductible, the taxpayer was not entitled to reduce the amount of VAT stated due in the assessment to take account of output tax which had not yet been taken into account and which arose from the same transaction.”
The Times, 5th July 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
Seal v. Chief Constable of South Wales Police – Times Law Reports
When permission is required before issuing legal proceedings
Seal v Chief Constable of South Wales Police
House of Lords
“A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings.”
The Times, 5th July 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 Campbell (Kenneth) – Times Law Reports
Propensity and credibility distinction unrealistic
Court of Appeal (Criminal Division)
“Once a defendant’s previous convictions had been admitted in evidence, the jury could attach significance to them in any respect in which they were relevant.”
The Times, 4th July 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.
AF Noonan (Architectural Practice) Ltd. v. Bournemouth & Boscombe Athletic Community Football Club Ltd. and another – WLR Daily
“The publication of information concerning proceedings before a court sitting in private did not constitute contempt of court unless that information came within a category specified in s12(1) of the Administration of Justice Act 1960 as amended or the court expressly prohibited that publication.”
WLR Daily, 2nd July 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.
Ewing v. Davis – WLR Daily
“Public interest in a private prosecution was established by the nature of the alleged offence as defined in statute not by the circumstances leading up to its alleged commission.”
WLR Daily, 2nd July 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.
Hutchison 3G UK Ltd. and Others v. Commissioners of Revenue and Customs – Times Law Reports
Licence auction not in VAT system
Hutchison 3G UK Ltd and Others v Commissioners of Revenue and Customs Case C-369/04
Court of Justice of the European Communities
“The public auction by a government agency of third-generation universal mobile telecommunications system licences was not an economic activity and therefore did not come within the value-added tax system.”
The Times, 3rd July 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.
Beckett Investment Management Group Ltd. and others v. Hall and others – WLR Daily
Beckett Investment Management Group Ltd. and others v. Hall and others [2007] EWCA Civ 613
“In construing a covenant in restraint of trade between a holding company and its employees who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a ‘purist’ approach to corporate personality in favour of one which had regard to the realities of big business.”
WLR Daily, 28th 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)
Beckett Investment Management Group Ltd & Ors v Hall & Ors [2007] EWCA Civ 613 (28 June 2007)
Hall & Anor v The First Secretary of State [2007] EWCA Civ 612 (28 June 2007)
Secretary of State for Trade and Industry v Mackie [2007] EWCA Civ 642 (28 June 2007)
South Tyneside Metropolitan Borough Council v Anderson & Ors [2007] EWCA Civ 654 (28 June 2007)
White v Greensand Homes Ltd & Anor [2007] EWCA Civ 643 (28 June 2007)
RAP v Serial No. 52/2006 & Ors [2007] EWCA Civ 616 (27 June 2007)
Murphy v Gooch [2007] EWCA Civ 603 (27 June 2007)
Gilby v City of Westminster [2007] EWCA Civ 604 (27 June 2007)
Steadman-Byrne v Amjad & Ors [2007] EWCA Civ 625 (27 June 2007)
Revenue and Customs v Thorn Baker Ltd & Ors [2007] EWCA Civ 626 (27 June 2007)
Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622 (27 June 2007)
Shala & Anor v Birmingham City Council [2007] EWCA Civ 624 (27 June 2007)
Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)
Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 (22 June 2007)
Source: www.bailii.org
Regina v. Tirnaveanu – Times Law Reports
Admitting previous misconduct
Court of Appeal (Criminal Division)
“Evidence of misconduct by a defendant was admissible at trial if it had some nexus with the offences charged.”
The Times, 2nd July 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.
