Thorner v Major and Others – Times Law Reports

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and Others

House of Lords

“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”

The Times, 26th March 2009

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 March 25th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Burdett & Anor, R. v [2009] EWCA Crim 543 (12 February 2009)

Seddon, R. v [2009] EWCA Crim 483 (10 March 2009)

Court of Appeal (Civil Division)

Breckland District Council & Ors, R (on the application of) v The Boundary Committee & Ors [2009] EWHC Civ 239 (25 March 2009)

High Court (Chancery Division)

Kellogg Brown & Root Holdings (UK) Ltd v Revenue & Customs [2009] EWHC 584 (Ch) (24 March 2009)

Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors [2009] EWHC 600 (Ch) (25 March 2009)

High Court (Administrative Court)

Hughes v Borodex Ltd [2009] EWHC 565 (Admin) (25 March 2009)

Yuen v Secretary of State for the Home Department [2009] EWHC 573 (Admin) (25 March 2009)

Gray, R (on the application of) v Crown Prosecution Service [2009] EWHC 239 (Admin) (14 January 2009)

High Court (Commercial Court)

Lansat Shipping Co Ltd v Glencore Grain BV [2009] EWHC 551 (Comm) (25 March 2009)

High Court (Technology and Construction Court)

AMEC Group Ltd. v Universal Steels (Scotland) Ltd [2009] EWHC 560 (TCC) (25 March 2009)

Source: www.bailii.org

Barnett v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 25th, 2009 in change of use, law reports, planning by sally

Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107

The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. Where full planning permission was granted for the construction of buildings, the grant approved the application plans and drawings unless the grant expressly stated otherwise.”

WLR Daily, 24th March 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 Kousar – Times Law Reports

Regina v Kousar

Court of Appeal (Criminal Division)

“A wife who knew her husband was storing business merchandise in the matrimonial home, acquiesced in it being there and did not demand its removal, was not in control or possession of the goods.”

The Times, 25th March 2009

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 (Oriel Support Ltd) v Commissioners for Revenue and Customs – Times Law Reports

Posted March 25th, 2009 in agency, contracting out, income tax, law reports, taxation by sally

Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs

Court of Appeal

“An outsourcing company responsible for calculating and paying the wages of workers employed by a labour provider to work for other businesses was not entitled to use its own employer reference when accounting for the tax on the workers’ wages because it was not the workers’ employer.”

The Times, 25th March 2009

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 Billingham (Mark) Regina v Billingham (Justin) – Times Law Reports

Posted March 25th, 2009 in evidence, jury directions, law reports by sally

Regina v Billingham (Mark) Regina v Billingham (Justin)

Court of Appeal (Criminal Division)

“While the present Judicial Studies Board direction in respect of previous inconsistent statements required the jury to be sure that a previous statement exculpatory of a defendant was true, it was sufficient for the jury to conclude that it might be true.”

The Times, 25th March 2009

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 March 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

MH (Syria) v Secretary of State for the Home Department [2009] EWCA Civ 226 (24 March 2009)

High Court (Administrative Court)

BM, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 571 (Admin) (23 March 2009)

Harrison, R (on the application of) v Secretary of State for Health & Ors [2009] EWHC 574 (Admin) (23 March 2009)

Secretary of State for the Home Department v AM [2009] EWHC 572 (Admin) (23 March 2009)

High Court (Commercial Court)

Colour Quest Ltd & Ors v Total Downstream UK Plc & Ors (Rev 1) [2009] EWHC 540 (Comm) (20 March 2009)

Source: www.bailii.org.uk

Bracknell Forest Borough Council v Green and another – WLR Daily

Posted March 24th, 2009 in housing, law reports by sally

Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106

Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

In re St Peter’s Church, Draycott – WLR Daily

Posted March 24th, 2009 in ecclesiastical law, faculties, law reports by sally

In re St Peter’s Church, Draycott; [2009] WLR (D) 105

A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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


R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily

Posted March 24th, 2009 in ASBOs, law reports, magistrates by sally

R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104

The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Posted March 24th, 2009 in change of use, law reports, planning by sally

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

Laroche v Spirit of Adventure (UK) Ltd – Times Law Reports

Posted March 24th, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd

Court of Appeal

“A hot-air balloon was an aircraft governed by the Warsaw Convention on International Carriage by Air 1929, as scheduled to the Carriage by Air Act, 1961 and a passenger in it had to bring an action for personal injuries within the two-year period in article 29 of Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480).”

The Times, 24th March 2009

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 (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening – Times Law Reports

Regina (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening

Queen’s Bench Division

“The decision to abandon a prosecution because of the victim’s mental instability was irrational and a violation of the victim’s right not to be subjected to inhuman or degrading treatment protected by article 3 of the European Convention on Human Rights.”

The Times, 24th March 2009

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.

Imageview Management Ltd v Jack – Times Law Reports

Posted March 24th, 2009 in agency, fiduciary duty, law reports, secret profits by sally

Imageview Management Ltd v Jack

Court of Appeal

“An agent who made a secret deal with his principal’s employer breached his fiduciary duty to his principal, forfeited his agency fee and had to account for the secret profit.”

The Times, 24th March 2009

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 March 23rd, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Bracknell Forest Borough Council v Green & Anor [2009] EWCA Civ 238 (20 March 2009)

Lambert v Clayton [2009] EWCA Civ 237 (20 March 2009)

High Court (Administrative Court)

Bailey & Ors v Secretary of State for the Home Department [2009] EWHC 562 (Admin) (20 March 2009)

Secretary of State for the Home Department v AT & Anor [2009] EWHC 512 (Admin) (20 March 2009)

London & South Eastern Railway Ltd & Anor v British Transport Police Authority [2009] EWHC 460 (Admin) (20 March 2009)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)

High Court (Queen’s Bench Division)

Toropdar v D [2009] EWHC 567 (QB) (20 March 2009)

Hutton v The Government of Australia [2009] EWHC 564 (QB) (20 March 2009)

Source: www.bailii.org

Bovale Ltd v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 23rd, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd March 2009

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 (BA)(Nigeria) v Secretary of State for the Home Department – Times Law Reports

Posted March 23rd, 2009 in appeals, deportation, law reports by sally

Regina (BA)(Nigeria) v Secretary of State for the Home Department

Court of Appeal

“The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom.”

The Times, 23rd March 2009 

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 Balshaw – WLR Daily

Posted March 20th, 2009 in costs, law reports, prosecutions by sally

Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102

Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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

Rottmann v Brittain; In re Rottmann (a bankrupt) – WLR Daily

Posted March 20th, 2009 in bankruptcy, law reports, self-incrimination by sally

Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101

The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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

King v Director of Serious Fraud Office – WLR Daily

King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100

The Crown Court’s jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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