law reports – Page 272 – Current Awareness

“A Jewish school which restricted its intake to Jews, as defined by the Office of the Chief Rabbi, while making no requirement of practice or faith, discriminated racially against applicants who were not Jewish by descent or orthodox conversion.”

The Times, 8th July 2009

Source: www.timesonline.co.uk

R (P) v Secretary of State for Justice – WLR Daily

Posted July 8th, 2009 in human rights, law reports, prisons, young offenders by sally

R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234

“Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young offender while he was in detention, a ‘real and immediate’ risk to life was a prerequisite.”

WLR Daily, 7th July 2009

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 Downer – WLR Daily

Posted July 8th, 2009 in admissibility, burglary, law reports by sally

R v Downer [2009] EWCA Crim 1361; [2009] WLR (D) 233

“The offence of aggravated burglary under s 10 (1) of the Theft Act 1968 was not to be regarded as an indivisible offence and, in order to find out what constituted a burglary, it was essential to have regard to the two types of burglary described in (a) and (b) of s 9(1) of the Act.”

WLR Daily, 7th July 2009

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.

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) – WLR daily

Posted July 8th, 2009 in housing, law reports by sally

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 613; [2009] WLR (D) 232

“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”

WLR Daily, 3rd July 2009

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.

Masood and others v Zahoor and others – WLR Daily

Posted July 7th, 2009 in forgery, law reports, pleadings, striking out by sally

Masood and others v Zahoor and others [2009] EWCA 650; [2009] WLR (D) 231

“Where a claimant relied on a forged document he forfeited the right to have an adjudication of his claim, and it was irrelevant that the defendant also relied on forged documents. There was no weighing or balancing exercise to be carried out.”

WLR Daily, 7th July 2009

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 (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council – Times Law Reports

Posted July 7th, 2009 in homelessness, housing, law reports, statutory interpretation by sally

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council

House of Lords

“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”

The Times, 7th July 2009

Source: www.timesonline.co.uk

In re Stanford International Bank Ltd and others – WLR Daily

Posted July 7th, 2009 in insolvency, jurisdiction, law reports, winding up by sally

In re Stanford International Bank Ltd and others [2009] EWHC 1441 (Ch); [2009] WLR (D) 230

“The ‘centre of main interests’ for the purposes of the Cross-Border Insolvency Regulations 2006 must be identified by reference to factors which were both objective and ascertainable by third parties. What was ascertainable by a third party was what was in the public domain and what a typical third party would learn as a result of dealing with the company.”

WLR Daily, 6th July 2009

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

Posted July 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

P, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 701 (06 July 2009)

Court of Appeal (Criminal Division)

Downer, R. v [2009] EWCA Crim 1361 (06 July 2009)

High Court (Administrative Court)

Home Office & Anor v The Information Commissioner [2009] EWHC 1611 (Admin) (06 July 2009)

High Court (Queen’s Bench Division)

Clift v Slough Borough Council & Anor [2009] EWHC 1550 (QB) (06 July 2009)

Source: www.bailii.org.

GISDA Cyf v Barratt – WLR Daily

Posted July 6th, 2009 in employment, law reports, time limits, unfair dismissal by sally

GISDA Cyf v Barratt [2009] EWCA Civ 648; [2009] WLR (D) 229

“The ‘effective date of termination of employment’ within section 97(1)(b) of the Employment Rights Act 1996 was not necessarily the date yielded by contractual analysis. When determining the relevant time limit for making an unfair dismissal claim, an employment tribunal had not erred in concluding that the effective date of termination of employment was when the employee read the letter of summary dismissal and not the date when the letter reached the employee’s home address when she was away.”

WLR Daily, 3rd July 2009

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.

Revenue and Customs Commissioners v Holland and another – WLR daily

Posted July 6th, 2009 in company directors, insolvency, law reports, misfeasance by sally

Revenue and Customs Commissioners v Holland and another [2009] EWCA Civ 625; [2009] WLR (D) 228

“A human director of a corporate director could in certain circumstances be regarded as a de facto director of the subject company but he would not automatically be so regarded.”

WLR Daily, 3rd July 2009

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.

Radmacher (formerly Granatino) v Granatino – WLR Daily

Posted July 6th, 2009 in contracts, divorce, financial provision, law reports by sally

Radmacher (formerly Granatino) v Granatino [2009] EWCA Civ 649; [2009] WLR (D) 227

“A judge should give due weight to the marital property regime into which a couple entered so as to legitimately exercise the very wide discretion conferred on judges to achieve fairness between the parties to ancillary relief proceedings.”

WLR Daily, 3rd July 2009

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 Morley (Anthony) – Times Law Reports

Posted July 6th, 2009 in law reports, murder, sentencing by sally

Regina v Morley (Anthony)

Court of Appeal

“However comprehensive legislation relating to sentences might seek to be, it could not cover all the many different facets of human criminal behaviour which sentencing judges had to take into account.”

The Times, 6th July 2009

Source: www.timesonline.co.uk

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening – Times Law Reports

Posted July 6th, 2009 in disability discrimination, law reports, statutory interpretation by sally

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening

House of Lords

“In determining whether a person was disabled within the meaning of the Disability Discrimination Act 1975 by reason of having an impairment which, although capable of being controlled by measures taken to treat it, would be likely to have substantial adverse effects but for those measures, the word ‘likely’ did not mean ‘probable’ but ‘could well happen’.”

The Times, 6th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 4th, 2009 in law reports by sally

Court of Appeal (Civil Division)

English Welsh & Scottish Railway Ltd v Enron Coal Services Ltd [2009] EWCA Civ 647 (01 July 2009)

Zahoor & Ors v Masood & Ors [2009] EWCA Civ 650 (03 July 2009)

Sagal (t/a Bunz Uk) v Atelier Bunz GmbH [2009] EWCA Civ 700 (03 July 2009)

High Court (Queen’s Bench Division)

Berry v Laytons & Anor [2009] EWHC 1591 (QB) (03 July 2009)

High Court (Chancery Division)

Stanford International Bank Ltd & Ors, Re [2009] EWHC 1441 (Ch) (03 July 2009)

High Court (Family Division)

DS v RS [2009] EWHC 1594 (Fam) (03 July 2009)

SS v KS [2009] EWHC 1575 (Fam) (03 July 2009)

London Borough of Brent v S [2009] EWHC 1593 (Fam) (03 July 2009)

High Court (Administrative Division)

Farah, R (on the application of) v HM Coroner for the Southampton & New Forest District of Hampshire [2009] EWHC 1605 (Admin) (03 July 2009)

BM v Secretary of State for the Home Department [2009] EWHC 1572 (Admin) (03 July 2009)

The Independent Police Complaints Commission, R (on the application of) v Commissioner of Police of the Metropolis [2009] EWHC 1566 (Admin) (03 July 2009)

High Court (Technology and Construction Court)

William Hare Ltd v Shepherd Construction Ltd [2009] EWHC 1603 (TCC) (25 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 3rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Radmacher v Granatino [2009] EWCA Civ 649 (02 July 2009)

Walkden v Walkden [2009] EWCA Civ 627 (25 June 2009)

High Court (Queen’s Bench)

C v Dixon [2009] EWHC 708 (QB) (25 June 2009)

High Court (Chancery Division)

Secretary of State for Trade and Industry v Woolf [2009] EWHC B15 (Ch) (19 June 2009)

Lindop v Agus & Ors [2009] EWHC B14 (Ch) (03 July 2009)

High Court (Administrative Division)

Nicholas v Chester Magistrates Court [2009] EWHC 1504 (Admin) (11 June 2009)

Nadour v Chester Magistrates Court [2009] EWHC 1505 (Admin) (11 June 2009)

Director of Public Prosecutions v Agyemang [2009] EWHC 1542 (Admin) (24 June 2009)

Source: www.bailii.org

AM (Somalia) v Entry Clearance Officer – WLR Daily

Posted July 3rd, 2009 in disability discrimination, immigration, law reports, married persons by sally

AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22

“The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without recourse to public funds did not amount to disporportionate discrimination against disabled sponsors under art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd July 2009

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.

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 2009

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.

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

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.