Category: law reports
Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) – WLR Daily
“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment registered with the Home Office was compatible with European Union law.”
WLR Daily, 13th 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 Hutton Churchyard, Somerset – WLR Daily
In re Hutton Churchyard, Somerset; [2008] WLR (D) 355
“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”
WLR Daily, 13th 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 Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily
“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”
WLR Daily, 13th 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.
Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily
“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”
WLR Daily, 13th 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.
Zalewska v Department for Social Development – Times Law Reports
Zalewska v Department for Social Development
House of Lords
“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law.”
The Times, 14th 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 Stringfellow – Times Law Reports
Court of Appeal (Criminal Division)
“Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal.”
The Times, 14th 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
Court of Appeal (Civil Division)
Transport for London v Spirerose Ltd (In Administration) [2008] EWCA Civ 1230 (13 November 2008)
NB (Guinea) & Anor v Secretary of State for the Home Dept [2008] EWCA Civ 1229 (13 November 2008)
High Court (Commercial Court)
Rayden & Anor v Edwardo Ltd & Anor [2008] EWHC 2689 (Comm) (05 November 2008)
Source: www.bailii.org
R v Moulden – WLR Daily
R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352
“In s 6(2)(a) of the Proceeds of Crime Act 2002, the words ‘proceedings before the Crown Court’ meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date sentence was to be imposed.”
WLR Daily, 12th 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.
E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily
“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”
WLR Daily, 12th 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.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
Court of Appeal
“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”
The Times, 12th 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.
G v HM Treasury A and Others v Same – Times Law Reports
G v HM Treasury A and Others v Same
Court of Appeal
“Two antiterror Orders in Council made under section 1 of the United Nations Act 1946 to implement Security Council resolutions were lawful and valid, subject to important conditions.”
The Times, 12th 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 Decisons
Court of Appeal (Civil Division)
Midill (97pl) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)
High Court (Queen’s Bench Division)
Williams v Thompson Leatherdale (a firm)& Anor [2008] EWHC 2574 (QB) (10 November 2008)
High Court (Technology and Construction Court)
Hayes & Anor (t/a Orchard Construction) v Gallant [2008] EWHC 2726 (TCC) (10 November 2008)
Source: www.bailii.org
R (Bassetlaw District Council) v Worksop Magistrates’ Court – WLR Daily
R (Bassetlaw District Council) v Worksop Magistrates’ Court; [2008] WLR (D) 350
“On the determination under s 52 Licensing Act 2003 of an application for review of a premises licence in circumstances involving criminal conduct connected with the licensed premises, consideration must be given to what was necessary to promote the objective of crime prevention, and to the needs of the wider community, and not be limited to guidance and remedial action and to the needs of the licence-holders.”
WLR Daily, 10th 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.
Ali v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily
“A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”
WLR Daily, 10th 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 (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily
“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”
WLR Daily, 10th 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.
Boreh v Ealing London Borough Council – Times Law Reports
Boreh v Ealing London Borough Council
Court of Appeal
“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”
The Times, 11th 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.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
Court of Appeal
“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”
The Times, 11th 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 (Noone) v Governor of Drake Hall Prison and Another – Times Law Reports
Regina (Noone) v Governor of Drake Hall Prison and Another
Court of Appeal
“Where a sentence of differing terms of imprisonment was passed in respect of a number of offences, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, any terms imposed for less than 12 months would be governed by the 1991 Act, but for those over 12 months the governing statute would depend on whether the offence was committed before or after April 4, 2005.”
The Times, 10th 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.
Secretary of State for Business, Enterprise and Regulatory Reform v Aaron and Others – Times Law Reports
Secretary of State for Business, Enterprise and Regulatory Reform v Aaron and Others
Court of Appeal
“In company director disqualification proceedings, the Secretary of State for Business, Enterprise and Regulatory Reform could not rely on findings of fact by the Financial Ombudsman Service but he could rely on facts and opinions expressed by the Financial Services Authority.”
The Times, 10th 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.
