Category: law reports
S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04) – Times Law Reports
S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)
European Court of Human Rights
“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”
The Times, 8th December 2008
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
Court of Appeal (Criminal Division)
Jeffrey, R. v [2008] EWCA Crim 2361 (21 November 2008)
Court of Appeal (Civil Division)
Sanchez, R. v [2008] EWCA Crim 2936 (05 December 2008)
Craner v Dorset County Council [2008] EWCA Civ 1323 (05 December 2008)
Source: www.bailii.org
Regina v Davison – Times Law Reports
Court of Appeal (Criminal Division)
“The length of a community order was not necessarily governed by how long it took the offender to carry out a specified task.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.
Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports
Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others
Court of Appeal
“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.
BAILII : Recent Decisions
High Court (Queen’s Bench Division)
Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)
Source: www.bailli.org
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
R (DB) v Nottinghamshire Healthcare NHS Trust – WLR Daily
R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375
“The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the making of the order. A subsequent amendment of the order did not authorise admission after the 28-day period in the original order.”
WLR Daily, 3rd December 2008
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 A – WLR Daily
R v A [2008] EWCA Crim 2908; [2008] WLR (D) 374
“The expression ‘new and compelling evidence … in relation to the qualifying offence’ in s 78(1) of the Criminal Justice Act 2003 was not restricted to further evidence either from an individual who suggested that the defendant had admitted after the trial that he was guilty of the offence or from newly emerging witnesses who said that they had heard or seen something at the time which directly supported the relevant complaint.”
WLR Daily, 3rd December 2008
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.
Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports
Kaczmarek v Secretary of State for Work and Pensions
Court of Appeal
“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”
The Times, 4th December 2008
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.
Attorney-General’s Reference (No 55 of 2008) – Times Law Reports
Attorney-General’s Reference (No 55 of 2008)
Court of Appeal, Criminal Division
“Recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment, untrammeled by artificial constraints, as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established.”
The Times, 4th December 2008
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
Court of Appeal (Civil Division)
Sprecher Grier Halberstam Llp & Anor v Walsh [2008] EWCA Civ 1324 (03 December 2008)
High Court (Chancery Division)
Walters & Anor v Smee & Anor [2008] EWHC 2902 (Ch) (28 November 2008)
High Court (Adminstrative Court)
Source: www.bailii.org
Simms v Islington London Borough Council – Times Law Reports
Simms v Islington London Borough Council
Court of Appeal
“The risk that a recovering drug addict’s relapse might be caused by his homelessness did not entitle him to be treated as having a priority need for accommodation.”
The Times, 3rd December 2008
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.
Pratt v Aigaion Insurance Co SA – Times Law Reports
Pratt v Aigaion Insurance Co SA
Court of Appeal
“A marine insurance term requiring the warranted owner and/or his experienced skipper to be on board and in charge at all times with one experienced crew member, was not to be read literally but construed in the context of the policy as a whole and the surrounding circumstances; so construed, it applied when the vessel was being navigated or manoeuvred but not when it was tied up in dock.”
The Times, 3rd December 2008
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
Court of Appeal (Criminal Division)
A, R v [2008] EWCA Crim 2908 (01 December 2008)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 2927 (QB) (01 December 2008)
Source: www.bailii.org
Regina (JL) (a Youth) v Secretary of State for Justice – Times Law Reports
Regina (JL) (a Youth) v Secretary of State for Justice
House of Lords
“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”
The Times, 2nd December 2008
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
High Court (Administrative Court)
High Court (Chancery Division)
Zabihi v Janzemini & Ors [2008] EWHC 2910 (Ch) (28 November 2008)
Foster Wheeler Ltd v Hanley & Ors [2008] EWHC 2926 (Ch) (28 November 2008)
Source: www.bailii.org
Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily
Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373
“The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”
WLR Daily, 27th November 2008
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.
Kaczmarek v Secretary of State for Work and Pensions – WLR Daily
Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2008] WL (D) 372
“An EU national who was lawfully present in the United Kingdom but had no right to reside under domestic or European law was not eligible for income support.”
WLR Daily, 27th November 2008
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.
Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily
Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371
“A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”
WLR Daily, 27th November 2008
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.
