law reports – Page 306 – Current Awareness

“Where a defendant raised delay to undermine the credibility of a complainant in a rape case, an appropriate warning to the jury was necessary to ensure fairness to the complainant. ”

The Times, 26th November 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.

Regina v Moulden – Times Law Reports

Posted November 26th, 2008 in confiscation, indictments, law reports, proceeds of crime by sally

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 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.

In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration) – Times Law Report

Posted November 26th, 2008 in children, family courts, immigration, law reports, legal profession by sally

In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration)

Family Division

“Practitioners in family proceedings representing a parent who was also involved in some other relevant matter such as an immigration or housing dispute or criminal case had an ongoing duty to remain au courant with those other issues.”

The Times, 26th November 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

Posted November 25th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Times Newspapers Ltd & Ors v Soldier B [2008] EWCA Crim 2559 (24 October 2008)

Rowe, R. v [2008] EWCA Crim 2712 (04 November 2008)

Court of Appeal (Civil Division)

Sava v SS Global Ltd & Ors [2008] EWCA Civ 1308 (25 November 2008)

Law Society v Salsbury [2008] EWCA Civ 1285 (25 November 2008)

High Court (Administrative Court)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Hasan, R (on the application of) v Secretary of State for Trade and Industry [2008] EWCA Civ 1311 (25 November 2008)

High Court (Administrative Court)

Hilali, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2892 (Admin) (25 November 2008)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Posted November 25th, 2008 in arbitration, law reports, stay of proceedings by sally

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th 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.

In re Phonographic Performance Ltd – WLR Daily

Posted November 25th, 2008 in copyright, jurisdiction, law reports, tribunals by sally

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th 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.

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th 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.

Regina v Kelleher – Times Law Reports

Posted November 25th, 2008 in environmental protection, law reports, sentencing, waste by sally

Regina v Kelleher

Court of Appeal (Criminal Division)

“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”

The Times, 25th November 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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 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.

Regina v Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett – Times Law Reports

Posted November 24th, 2008 in grievous bodily harm, law reports, murder, sentencing by sally

Regina v Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett

Court of Appeal

“Even a definitive sentencing guideline was not to be used or approached as if each offence could be put into a fixed and inflexible compartment. The assessment of the seriousness of an offence involved a broad judgment of the overall criminality.”

The Times, 24th November 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.

Regina v Height and Regina v Anderson – Times Law Reports

Posted November 24th, 2008 in law reports, murder, sentencing by sally

Regina v Height and Regina v Anderson

Court of Appeal

“The sentencing provisions of the Criminal Justice Act 2003 were not intended to be applied inflexibly. No scheme or guidance or statutory framework could be fully comprehensive, and any system of purported compartmentalisation or prescription had the potential to produce injustice.”

The Times, 24th November 2008

Source: www.timesonline.co.uk

Please note the Times Law reports are only available free on Times Online for 21 days from teh date of publication.

BAILII: Recent Decisions

Posted November 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sherif & Ors, R v [2008] EWCA Crim 2653 (21 November 2008)

Court of Appeal (Civil Division)

Osibanjo & Anor v Seahive Investments Ltd [2008] EWCA Civ 1282 (21 November 2008)

City of London v Sancheti [2008] EWCA Civ 1283 (21 November 2008)

Grosvenor Estates Ltd v Prospect Estates Ltd [2008] EWCA Civ 1281 (21 November 2008)

McCall v Poulton & Ors [2008] EWCA Civ 1263 (21 November 2008)

High Court (Chancery Division)

Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision [2008] EWHC 2715 (Ch) (21 November 2008)

High Court (Queen’s Bench Division)

Employers’ Liability Policy “Trigger” Litigation [2008] EWHC 2692 (QB) (21 November 2008)

High Court (Administrative Court)

Faisaltex Ltd & Ors, R (on the application of) v Crown Court Sitting At Preston & Ors [2008] EWHC 2832 (Admin) (21 November 2008)

Minshall v Marylebone Magistrates’ Court & Ors [2008] EWHC 2800 (Admin) (21 November 2008)

Source: www.bailii.org

Regina (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Regina (Zimbabwe) v Secretary of State for the Home Department

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 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.

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 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.