Category: law reports

TB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted September 9th, 2008 in abuse of process, asylum, human rights, law reports by sally

TB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“It would be wrong as a matter of principle if the Secretary of State for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision.”

The Times, 9th September 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 September 8th, 2008 in law reports by sally

High Court (Technology and Contruction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

E Group Ltd v Baker [2008] EWHC 1994 (TCC) (25 July 2008)

Richardson Roofing Company Ltd v Ballast Plc & Ors [2008] EWHC 1806 (TCC) (25 July 2008)

Rodrigues v Sokal [2008] EWHC 2005 (TCC) (30 July 2008)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWHC 2003 (TCC) (31 July 2008)

CJP Builders Ltd v William Verry Ltd [2008] EWHC 2025 (TCC) (15 August 2008)

VGC Construction Ltd v Jackson Civil Engineering Ltd [2008] EWHC 2082 (TCC) (15 August 2008)

Fosse Motor Engineers Ltd & Ors v Conde Nast and National Magazine Distributors Ltd & Anor [2008] EWHC 2037 (TCC) (20 August 2008)

Source: www.bailii.org.uk

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and Another

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted September 5th, 2008 in law reports by sally

Court of Appeal (Civil Division)

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 (05 September 2008)

High Court (Technology and Construction Court)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1927 (TCC) (25 July 2008)

High Court (Patents Court)

Oxonica Energy Ltd v Neuftec Ltd [2008] EWHC 2127 (Pat) (05 September 2008)

Minimax GmbH & Co Kg v Chubb Fire Ltd [2008] EWHC 1960 (Pat) (29 July 2008)

Source: www.bailii.org

esure Insurance Ltd v Direct Line Insurance plc – Times Law Reports

Posted September 5th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc

Court of Appeal

“An expert’s report was of little value in evaluating the likelihood of trade-mark confusion from the standpoint of a consumer.”

The Times, 5th September 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 (M) v Slough Borough Council – Times Law Reports

Posted September 5th, 2008 in housing, law reports, medicines, residential care by sally

Regina (M) v Slough Borough Council

House of Lords

“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”

The Times, 5th September 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 September 4th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

RL & Anor, R. v [2008] EWCA Crim 1970 (28 August 2008)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2100 (Admin) (29 August 2008)

High Court (Patents Court)

Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 2078 (Pat) (01 September 2008)

Source: www.bailii.org

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) – WLR Daily

Posted September 4th, 2008 in disclosure, law reports, public interest immunity, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court’s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 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 RL and JF – WLR Daily

Posted September 4th, 2008 in clubs, environmental health, law reports, strict liability, water by sally

R v RL and JF [2008] EWCA Crim 1970; [2008] WLR (D) 299

“A prosecution for the strict liability offence of causing polluting matter to enter controlled waters could be brought against either a club, as an unincorporated association, in its own name or against individual members.”

WLR Daily, 2nd September 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 September 3rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Richards, R v [2008] EWCA Crim 1841 (23 July 2008)

Cooper, R v [2008] EWCA Crim 1856 (31 July 2008)

Norman, R v [2008] EWCA Crim 1810 (31 July 2008)

B & Ors, R v [2008] EWCA Crim 1997 (15 August 2008)

High Court (Chancery Division)

Dragonfly Consultancy Ltd v HM Revenue & Customs [2008] EWHC 2113 (Ch) (03 September 2008)

High Court (Commercial Court)

Aspinall’s Club Ltd v Al-Zayat [2008] EWHC 2101 (Comm) (03 September 2008)

High Court (Administrative Court)

Gungor, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2098 (Admin) (15 August 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 2nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Attorney General of Zambia v Meer Care & Desai (A Firm) & Ors [2008] EWCA Civ 1007 (31 July 2008)

High Court (Chancery Division)

Dayman v Lawrence Graham (a firm) [2008] EWHC 2036 (Ch) (28 August 2008)

High Court (Family Division)

Stodgell v Stodgell [2008] EWHC 1925 (Fam) (18 July 2008)

M v F & Ors [2008] EWHC 2049 (Fam) (20 August 2008)

Source: www.bailii.org

Field Common Ltd v Elmbridge Borough Council – WLR Daily

Posted September 2nd, 2008 in damages, injunctions, law reports, trespass by sally

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298

“The correct approach to the assessment of damages on a landowner’s claim against a council in respect of its tenants’ trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights.”

WLR Daily, 1st September 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 M – WLR Daily

Posted September 2nd, 2008 in contempt of court, law reports, proceeds of crime, restraint orders by sally

R v M; [2008] WLR (D) 297

“Where a defendant in criminal proceedings was said to have breached a restraint order, imposed under the Proceeds of Crime Act 2002, by making certain prohibited transactions a judge of the Crown Court had jurisdiction to try an application made by the prosecution for the defendant to be committed for contempt.”

WLR Daily, 1st September 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 B and others – WLR Daily

Posted September 2nd, 2008 in codefendants, criminal procedure, fitness to plead, juries, law reports by sally

R v B and others: [2008] WLR (D) 296

“Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.”

WLR Daily, 1st September 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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted September 2nd, 2008 in capital allowances, corporation tax, law reports, warehousing by sally

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners

House of Lords

“Expenditure on a warehouse which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building so as to qualify under section 18 of the Capital Allowances Act 1990.”

The Times, 2nd September 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 Anwoir and Others – Times Law Reports

Posted September 1st, 2008 in evidence, law reports, proceeds of crime by sally

Regina v Anwoir and Others

Court of Appeal (Criminal Division)

“There were two ways in which Crown could prove property derived from crime.”

The Times, 1st September 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.

Allen and Others v GMB – Times Law Reports

Posted September 1st, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and Others v GMB

Court of Appeal

“A trade union was not justified in indirectly discriminating against a number of female members in resolving gender-based pay inequalities among local authority employees.”

The Times, 1st September 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 29 of 2008) (Jon Peter Dixon) – Times Law Reports

Posted August 29th, 2008 in children, consent, law reports, sentencing, sexual offences by sally

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon)

Court of Appeal (Criminal Division)

“A non-custodial sentence for sexual offences against a child under 13 where the child had been a willing participant did not meet the essential fact that the law was there not only to protect children from the baleful influence of adults with an inappropriate interest in children but was also designed to protect children from themselves.”

The Times, 29th August 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.

Joyce v Secretary of State for Health – Times Law Reports

Posted August 29th, 2008 in appeals, care workers, law reports, tribunals by sally

Joyce v Secretary of State for Health

Queen’s Bench Division

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State for Health on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled, on appeal, to consider allegations of misconduct not entertained by the secretary of state, provided it acted fairly.”

The Times, 29th August 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 R (Family dispute: Evidence) – Times Law Reports

Posted August 29th, 2008 in domestic violence, family courts, law reports, no case to answer by sally

In re R (Family dispute: Evidence)

Court of Appeal

“Judges conducting preliminary fact-finding hearings in family proceedings involving serious allegations of domestic violence should never terminate the case without hearing all the available evidence.”

The Times, 29th August 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.