Category: law reports

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another – WLR Daily

Posted October 14th, 2008 in complaints, firearms, judicial review, law reports, police by sally

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another; [2008] WLR (D) 315

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

WLR Daily, 13th 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.

Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily

Posted October 14th, 2008 in law reports, licensing, magistrates by sally

Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314

“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”

WLR Daily, 13th 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 (C) v Secretary of State for Justice – Times Law Reports

Posted October 14th, 2008 in children, human rights, law reports, restraint, secure training centres, Youth Justice Board by sally

Regina (C) v Secretary of State for Justice

Court of Appeal

“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”

The Times, 14th 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 13th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Velev, R v [2008] EWCA Crim 2162 (12 September 2008)

Thomas, R v [2008] EWCA Crim 2151 (18 September 2008)

Saldana, R v [2008] EWCA Crim 2154 (23 September 2008)

Belaid, R v [2008] EWCA Crim 2153 (23 September 2008)

Court of Appeal (Civil Division)

KS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1080 (24 September 2008)

Deutsche Bank AG & Ors v Asia Pacific Broadband Wireless Communications Inc & Anor [2008] EWCA Civ 1091 (13 October 2008)

High Court (Chancery Division)

Tower MCashback LLP 1 & Anor v HM Revenue & Customs [2008] EWHC 2387 (Ch) (13 October 2008)

High Court (Queen’s Bench Division)

Mahdi & Ors v Al-Habi & Ors [2008] EWHC 2374 (QB) (09 September 2008)

High Court (Administrative Court)

Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

P, R (on the application of) v Haringey London Borough Council [2008] EWHC 2357 (Admin) (15 September 2008)

Kennedy, R (on the application of) v Able UK Ltd (Health & Safety Executive of) [2008] EWHC 2313 (Admin) (29 September 2008)

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

High Court (Commercial Court)

Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)

High Court (Technology and Construction Court)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2008] EWHC 2379 (TCC) (10 October 2008)

Source: www.bailii.org

R v S (F) and A(S) – WLR Daily

Posted October 13th, 2008 in encryption, evidence, investigatory powers, law reports, self-incrimination by sally

R v S (F) and A(S); [2008] WLR (D) 313

“The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. Only knowledge of it might be incriminating if the data contained incriminating material.”

WLR Daily, 10th 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.

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg – WLR Daily

Posted October 13th, 2008 in database right, EC law, law reports by sally

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-304/07); [2008] WLR (D) 312

“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”

WLR Daily, 10th 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.

In re Courts plc – WLR Daily

Posted October 13th, 2008 in debts, insolvency, law reports by sally

In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311

“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”

WLR Daily, 10th 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. K. and A. K. v United Kingdom – Times Law Reports

Posted October 13th, 2008 in care orders, human rights, law reports by sally

R. K. and A. K. v United Kingdom (Application No 38000/05)

European Court of Human Rights

“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”

The Times, 13th October 2008

Source: www.timesonline.co.uk

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

Regina v Guy’s and St Thomas’s NHS Trust – Times Law Reports

Posted October 10th, 2008 in fines, hospitals, law reports, medicines, public interest by sally

Regina v Guy’s and St Thomas’s NHS Trust

Court of Appeal

“It was against the public interest to punish by a large fine a not-for-profit organisation, carrying out work for the public benefit, where a failing occurred without fault on the part of that body, but through an act or default of an employee, to whom the task was properly delegated and who was properly trained.”

The Times, 10th 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.

Cantrell v Wycombe District Council – Times Law Reports

Posted October 10th, 2008 in covenants, housing, law reports by sally

Cantrell v Wycombe District Council

Court of Appeal

“An agreement by a housing association with a local authority to house council-nominated tenants in its property was a positive obligation which could not be enforced against a subsequent buyer of the property.”

The Times, 10th 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 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

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

High Court (Administrative Court)

Royal Society for the Prevention of Cruelty To Animals (RSPCA), R (on the application of) v The Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2321 (Admin) (07 October 2008)

High Court (Family Division)

M & Anor (Children) [2008] EWHC 2281 (Fam) (06 October 2008)  

Source: www.bailii.org

Symbian Ltd v Comptroller General of Patents – WLR Daily

Posted October 10th, 2008 in computer programs, law reports, patents by sally

Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310

“A patent application concerning a method of accessing data in a dynamic link library in a computing device was not excluded from registration under s 1(2)(c) of the Patents Act 1977 on the ground that it related to a computer program ‘as such’, since it involved a technical contribution to the prior art which would enable computers and related devices to work faster and more reliably.”

WLR Daily, 9th 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.

St George v Home Office – WLR Daily

Posted October 10th, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office [2008] EWCA Civ 1068; [2008] WLR (D) 309

“When a person who was an addict suffered a seizure while he was in custody as a result of withdrawal from addiction, and then fell and suffered injury, regard was to be had, when considering the claimant’s possible contributory negligence and whether the resulting damage was the result ‘partly of his own fault’, to the question whether the addiction was a ‘potent cause’ of the damage.”

WLR Daily, 9th 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 9th, 2008 in law reports by sally

High Court (Chancery Division)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWHC 2347 (Ch) (9 October 2008)

Courts Plc (In Liquidation) [2008] EWHC 2339 (Ch) (09 October 2008)

High Court (Queen’s Bench Division)

Williams v Jervis (Lex Komatsu) [2008] EWHC 2346 (QB) (08 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 9th, 2008 in law reports by sally

Court of Appeal (Civil Division)

St George v The Home Office [2008] EWCA Civ 1068 (08 October 2008)

Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066 (08 October 2008)

Behzadi v Behzadi [2008] EWCA Civ 1070 (08 October 2008)

Orchard (Developments) Holdings Plc v Reuters Ltd [2008] EWCA Civ 1017 (02 September 2008)

JN (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1018 (02 September 2008)

HJ (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 1019 (02 September 2008)

TC (Zimbabwe) v Entry Clearance Officer, Harare [2008] EWCA Civ 1020 (02 September 2008)

High Court (Chancery Division)

Horsham Properties Group Ltd v Clark & Anor [2008] EWHC 2327 (Ch) (08 October 2008)

High Court (Family Division)

L v The Human Fertilisation and Embryology Authority [2008] EWHC 2149 (Fam) (03 October 2008)

High Court (Administrative Division)

West Midlands International Airport Ltd v Secretary of State for Communities and Local Government & Ors [2088] EWHC 2309 (Admin) (06 October 2008)

Royal Society for the Prevention of Cruelty To Animals (RSPCA), R (on the application of) v The Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2321 (Admin) (07 October 2008)

High Court (Commercial Court)

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

High Court (Technology and Construction Court)

Benfield Construction Ltd v Trudson (Hatton) Ltd [2008] EWHC 2333 (TCC) (17 September 2008)

E Group Ltd & Anor v Baker (t/a ‘Hello’) [2008] EWHC 2349 (TCC) (18 September 2008)

Source: www.bailii.org

In re S (A Child) – WLR Daily

Posted October 9th, 2008 in adoption, law reports, placement orders by sally

In re S (A Child); [2008] WLR (D) 308

“When considering whether to revoke a placement order placing a child for adoption with prospective adopters, it was wrong to focus on whether the carers were ‘potential’ adopters.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

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

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) – WLR Daily

Posted October 9th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307

“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

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

In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) – WLR Daily

Posted October 9th, 2008 in children, family courts, immigration, law reports, legal representation by sally

In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) [2008] EWHC 2281 (Fam); [2008] WLR (D) 306

“Where a parent in family proceedings was also involved in some other relevant matter such as an asylum or immigration dispute with the Home Office, criminal proceedings or a housing dispute, practitioners acting for that parent had an ongoing duty to remain au courant with what was going on elsewhere even if that other matter was being handled by other professionals.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

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

Chilton-Merryweather v Hunt and Others – Times Law Reports

Posted October 9th, 2008 in council tax, law reports, noise, pollution, roads by sally

Chilton-Merryweather v Hunt and Others

Court of Appeal

“An increase in noise and pollution caused by growth in the volume of traffic on a motorway was not sufficient to justify a reduction in the council tax for neighbouring properties.”

The Times, 9th 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.

ETI Euro Telecom International NV v Republic of Bolivia and Another – Times Law Reports

Posted October 9th, 2008 in arbitration, injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and Another

Court of Appeal

“International investment dispute arbitrations, not subject to any national law, were not legal proceedings that enabled an English court to grant injunctive relief to one party against the moneys of another in England pending the outcome of the arbitration.”

The Times, 9th 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.