BAILII: Recent Decisions

Posted October 22nd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Daniels, R v [2008] EWCA Crim 2360 (22 October 2008)

Court of Appeal (Civil Division)

Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 (22 October 2008)

Thorn Security Ltd v Siemens Schweiz AG [2008] EWCA Civ 1161 (22 October 2008)

Reynolds, R (on the application of) v Independent Police Complaints Commission & Anor [2008] EWCA Civ 1160 (22 October 2008)

SH (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 1150 (22 October 2008)

MT (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 1149 (22 October 2008)

High Court (Queen’s Bench Division)

Hussein v Farooq & Anor [2008] EWHC 2487 (QB) (22 October 2008)

High Court (Commercial Court)

The Petroleum Oil and Gas Corp. of South Africa (Pty) Ltd v FR8 Singapore Pte Ltd. [2008] EWHC 2480 (Comm) (21 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 22nd, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Rolls Royce Plc v UNITE the Union [2008] EWHC 2420 (QB) (17 October 2008)

High Court (Patents Court)

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2008] EWHC 2489 (Pat) (21 October 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted October 22nd, 2008 in law reports by sally

R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant) [2008] UKHL 61 (22 October 2008)

Helow (AP) (Appellant) v Secretary of State for the Home Department and another (Respondents) (Scotland) [2008] UKHL 62 (22 October 2008)

R (on the application of RJM) (FC) (Appellant) v Secretary of State for Work and Pensions (Respondent) [2008] UKHL 63 (22 October 2008)

EM (Lebanon) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 64 (22 October 2008)

Source: www.parliament.uk

Regina (Saunders) v Independent Police Complaints Commission and Another Regina (Tucker) v Same – Times Law Reports

Posted October 22nd, 2008 in complaints, firearms, judicial review, law reports, police by sally

Regina (Saunders) v Independent Police Complaints Commission and Another Regina (Tucker) v Same

Queen’s Bench Division

“The Independent Police Complaints Commission did not act incompatibly with human rights in not giving a direction to chief officers to prohibit conferring among police officers following a fatal shooting by them.”

The Times, 22nd October 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.

St George v Home Office – Times Law Reports

Posted October 22nd, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office

Court of Appeal

“An addict who was injured in custody after suffering a seizure through drugs withdrawal did not contribute to his injury as his addiction was not a potent cause of the damage.”

The Times, 22nd October 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 October 21st, 2008 in law reports by sally

High Court (Technology and Construction Court)

Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd & Ors [2008] EWHC 2454 (TCC) (17 October 2008)

Source: www.bailii.org

Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE – WLR Daily

Posted October 21st, 2008 in control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE [2008] EWCA Civ 1148; [2008] WLR (D) 320

The Court of Appeal gave guidance on the proper approach to the compatibility with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of hearings under s 3(10) of the Prevention of Terrorism Act 2005 to determine whether the Secretary of State for the Home Department had reasonable grounds for suspecting the involvement of the controlee in terrorism-related activities.”

WLR Daily, 21st October 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 (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Posted October 21st, 2008 in law reports, prisons, release on licence, sentencing by sally

R (Noone) v Governor of HMP Drake Hall and another [2008] EWCA Civ 1097; [2008] WLR (D) 319

Where a prisoner was sentenced for a number of offences to differing periods of imprisonment, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, a sentence of less than 12 months was governed by the provisions of the 1991 Act whenever committed. Where there were consecutive sentences of 12 months or more committed on or after 4 April 2005 imposed under the 2003 Act and sentences of less than 12 months imposed under the 1991 Act, the sentences were to be served in the order imposed by the court, and eligibility for home detention curfew and the time spent on licence were to be calculated accordingly.

WLR Daily, 21st October 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.

BAILII: Recent Decisions

Posted October 20th, 2008 in law reports by sally

High Court (Administrative Court)

Rainford, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2474 (Admin) (17 October 2008)

Times Newspapers Ltd v Secretary of State for the Home Department & Anor [2008] EWHC 2455 (Admin) (17 October 2008)

High Court (Chancery Division)

Jones & Ors v Firkin-Flood [2008] EWHC 2417 (Ch) (17 October 2008)

DCC Holdings (UK) Ltd v HM Revenue & Customs [2008] EWHC 2429 (Ch) (17 October 2008)

High Court (Commercial Court)   

Kuwait Oil Tanker Company SAK & Anor v Al Bader & Ors [2008] EWHC 2432 (Comm) (17 October 2008)

Source: www.bailii.org.uk

BAILII: Recent Decisions

Posted October 20th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v AF & Ors [2008] EWCA Civ 1148 (17 October 2008)

Reinwood Ltd v L Brown & Sons Ltd [2008] EWCA Civ 1090 (17 October 2008)

Environment Agency v Ellis [2008] EWCA Civ 1117 (17 October 2008)

Noone, R (on the application of) v HMP Drake Hall & Anor [2008] EWCA Civ 1097 (17 October 2008)

Source: www.bailii.org.uk

Commissioners of Revenue and Customs v Khawaja – Times Law Reports

Posted October 20th, 2008 in income tax, law reports, negligence, standard of proof by sally

Commissioners of Revenue and Customs v Khawaja

Chancery Division

“There was no reason in principle why the civil standard of proof should not apply on a challenge to an assessment of penalty for the negligent submission of income tax returns.”

The Times, 20th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only avaialbe free on Times Online for 21 days from the date of publication. 

Krysia Maritime Inc v Intership Ltd – Times Law Reports

Posted October 20th, 2008 in Admiralty Court, collisions at sea, costs, law reports by sally

Krysia Maritime Inc v Intership Ltd

Queen’s Bench Division

“There was no rule in the Admiralty Court that, where there was no counterclaim, a claimant found partially at fault should recover only a proportion of its costs according to the percentage of liability of the defendant.”

The Times, 20th October 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 Lavery – Times Law Reports

Posted October 20th, 2008 in law reports, sentencing by sally

Regina v Lavery

Court of Appeal

“There was no reason in principle why an offence taken into consideration, which was more serious than the offence charged, should not result in a higher sentence than would otherwise have been the case.”

The Times, 20th October 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 October 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Dickins v O2 Plc [2008] EWCA Civ 1144 (16 October 2008)

Secretary of State for Business Enterprise & Regulatory Reform v Aaron & Ors [2008] EWCA Civ 1146 (16 October 2008)

Simms v London Borough of Islington [2008] EWCA Civ 1083 (16 October 2008)

Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd & Anor [2008] EWCA Civ 1084 (16 October 2008)

Court of Appeal (Criminal Division)

S & Anor, R. v [2008] EWCA Crim 2177 (09 October 2008)

High Court (Chancery Divison)     

Winters v Mishcon De Reya [2008] EWHC 2419 (Ch) (15 October 2008)

Magical Marking Ltd & Anor v Holly & Ors [2008] EWHC (Ch) 2428 (16 October 2008)

Couwenbergh v Valkova [2008] EWHC 2451 (Ch) (16 October 2008)

High Court (Patents Court)  

Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd & Anor [2008] EWHC 2413 (Pat) (15 October 2008)

Source: www.bailii.org

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others – WLR Daily

Posted October 17th, 2008 in competition, EC law, law reports, restitution, statutory duty by sally

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others [2008] EWCA Civ 1086; [2008] WLR (D) 317

An account of profits could not be awarded on a claim for a non-proprietary tort. Community law neither prevented nor required the recognition in domestic law of a restitutionary award as a remedy for breach of statutory duty.”

WLR Daily, 16th October 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.

BAILII : Recent Decisions

Posted October 16th, 2008 in law reports by sally

Court of Appeal (Civil Division)

AS (Pakistan) v Secretary of State for the Home Department [2008] EWCA Civ 1118 (15 October 2008)

High Court (Administrative Division)

Saunders & Anor, R (on the application of) v The Association of Chief Police Officers & Ors [2008] EWHC 2372 (Admin) (10 October 2008)

Edwards, R (on the application of) v Criminal Cases Review Commission [2008] EWHC 2389 (Admin) (13 October 2008)

Source: www.bailii.org.uk

R (Haase) v District Judge Nuttall and another – WLR Daily

Posted October 16th, 2008 in disciplinary procedures, human rights, law reports, prisons, prosecutions by sally

R (Haase) v District Judge Nuttall and another [2008] EWCA Civ 1089; [2008] WLR (D) 316

There was no general requirement that a prosecutor be independent and impartial to comply with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th October 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 (Royal Society for the Prevention of Cruelty to Animals) v Secretary of State for Environment, Food and Rural Affairs – Times Law Reports

Posted October 16th, 2008 in animals, EC law, law reports, slaughter by sally

Regina (Royal Society for the Prevention of Cruelty to Animals) v Secretary of State for Environment, Food and Rural Affairs

Queen’s Bench Division

“The control of dangerous contagious poultry disease by mass slaughter using ventilation shutdown was compatible and proportionate with European Union law.”

The Times, 16th October 2008

Source: www.timesonline.co.uk

P lease note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

L v Human Fertilisation and Embryology Authority – Times Law Reports

Posted October 16th, 2008 in assisted reproduction, consent, EC law, law reports by sally

L v Human Fertilisation and Embryology Authority

Family Division

“Absent effective consent, the court had no power to authorise retrieval or lawful storage of gametes pending a decision of the Human Fertilisation and Embryology Authority on export for further storage and use.”

The Times, 16th October 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 October 15th, 2008 in law reports by sally

High Court (Commercial Court)

Office of Fair Trading v Abbey National Plc & Ors [2008] EWHC 2325 (Comm) (08 October 2008)

High Court (Patents Court)

Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2008] EWHC 2345 (Pat) (13 October 2008)

Source: www.bailii.org