Category: law reports

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

Posted August 29th, 2008 in disclosure, law reports, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 22nd August 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 August 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

James & Ors, R. v [2008] EWCA Crim 1869 (30 July 2008)

High Court (Chancery Division)

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch) (27 August 2008)

High Court (Administrative Court)

Prospect & Anor v Ministry of Defence [2008] EWHC 2056 (Admin) (27 August 2008)

Source: www.bailii.org

Greenweb Ltd v Wandsworth London Borough Council – Times Law Reports

Posted August 28th, 2008 in compensation, compulsory purchase, law reports, planning by sally

Greenweb Ltd v Wandsworth London Borough Council

Court of Appeal

“Where a local authority compulsorily purchased a public open space after refusing the landowner’s application for housing development, the Lands Tribunal had to value the land on the basis that planning permission had been granted for the housing development.”

The Times, 28th 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.

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted August 28th, 2008 in environmental protection, law reports, waste by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party

Queen’s Bench Divisional Court

“Sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.”

The Times, 28th 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.

Regina (Federation of Tour Operators and Others) v HM Treasury and Others – Times Law Reports

Posted August 28th, 2008 in air passenger duty, law reports by sally

Regina (Federation of Tour Operators and Others) v HM Treasury and Others

Court of Appeal

“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”

The Times, 28th 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.

BAILII: Recent Decisions

Posted August 27th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

M, R v [2008] EWCA Crim 1901 (14 August 2008)

Popat, R v [2008] EWCA Crim 1921 (28 July 2008)

Court of Appeal (Civil Division)

AH (Iran) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 985 (06 August 2008)

YT (Eritrea) v Secretary of State for the Home Department [2008] EWCA Civ 1000 (30 July 2008)

Roberts v Brent Council [2008] EWCA Civ 982 (30 July 2008)

High Court (Chancery Division)

Augean Plc v HM Revenue & Customs [2008] EWHC 2026 (Ch) (15 August 2008)

O’Donnell v Shanahan & Ors [2008] EWHC 1973 (Ch) (07 August 2008)

High Court (Administrative Court)

Government of Bermuda v Office of Communications & Ors [2008] EWHC 2009 (Admin) (13 August 2008)

Shashwar, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2069 (Admin) (31 July 2008)

Kaur & Anor, R (on the application of) v London Borough Of Ealing & Anor [2008] EWHC 2062 (Admin) (29 July 2008)

Bogdani v Albanian Government [2008] EWHC 2065 (Admin) (25 July 2008)

High Court (Technology and Construction Court)

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

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 27th, 2008 in law reports by sally

High Court (Family Division)

X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)

High Court (Administrative Court)

HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)

Source: www.bailii.org

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another – Times Law Reports

Posted August 27th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another

Court of Appeal (Criminal Division)

“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”

The Times, 27th 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.

Lifely v Lifely – Times Law Reports

Posted August 27th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely

Court of Appeal

“When the court was considering the admissibility of arguably wrongfully obtained fresh evidence it might consider factors going beyond the classical test.”

The Times, 27th 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.

Westcott v Westcott – Times Law Reports

Posted August 27th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott

Court of Appeal

“A person who made a complaint to the police, instigating an investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if proceedings were subsequently brought.”

The Times, 27th 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.

Bailey v Ministry of Defence and Another – Times Law Reports

Posted August 26th, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey v Ministry of Defence and Another

Court of Appeal

“Where medical science could not establish the probability that but for an act of negligence an injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

The Times, 26th 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.

Regina v N Ltd and Another – Times Law Reports

Posted August 26th, 2008 in criminal procedure, law reports, no case to answer, verdicts by sally

Regina v N Ltd and Another

Court of Appeal (Criminal Division)

“A trial judge could not assent to an application of no case to answer nor enter a verdict of not guilty before the close of the prosecution evidence without the clear consent of all the parties.”

The Times, 25th 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.

Harris v Perry and Another – Times Law Reports

Posted August 26th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and Another

Court of Appeal

“A judge imposed an unreasonably high standard of care in holding that children playing on a bouncy castle hired by parents for a children’s party required uninterrupted supervision.”

The Times, 25th 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.

BAILII: Recent Decisions

Posted August 22nd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

RB, R. v [2008] EWCA Crim 1850 (17 July 2008)

High Court (Queen’s Bench Division)

Stapleton, R (on the application of) v Revenue & Customs Prosecution Office [2008] EWHC 1968 (QB) (25 July 2008)

High Court (Family Division)

The Local Authority v RK & Ors [2008] EWHC 2051 (Fam) (21 August 2008)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2048 (Admin) (21 August 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 21st, 2008 in law reports by sally

High Court (Family Division)

N (A Child), Re [2008] EWHC 2042 (Fam) (20 August 2008)

High Court (Administrative Court)

KR, R (on the application of) v Secretary of State for Work and Pensions & Anor [2008] EWHC 1881 (Admin) (30 July 2008)

High Court (Technology and Construction Court)

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

Regina v Norman – Times Law Reports

Posted August 21st, 2008 in fitness to plead, insanity, law reports by sally

Regina v Norman

Court of Appeal (Criminal Division)

“Once it was clear that there was an issue as to unfitness to plead, it was necessary to ensure very careful case management so that full information was provided to the court without delay.”

The Times, 21st 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.

MJ and Another v Neath Port Talbot County Borough Council – Times Law Report

Posted August 21st, 2008 in adoption, law reports by sally

MJ and Another v Neath Port Talbot County Borough Council

Court of Appeal

“Flaws in an adoption panel’s decision-making process could not be cured by a subsequent hearing in court.”

The Times, 21st 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.

BAILII: Rececnt Decisions

Posted August 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Hills, R. v [2008] EWCA Crim 1871 (17 July 2008)

High Court (Administrative Court)

Hiscox, R (on the application of) v Secretary of State for Work & Pensions [2008] EWHC 1986 (Admin) (25 July 2008)

Kinsley, R (on the application of) v Hendon Magistrates’ Court [2008] EWHC 2013 (Admin) (23 July 2008)

S, R (on the application of) v Halton Borough Council & Anor [2008] EWHC 1982 (Admin) (21 July 2008)

Cleary, R (on the application of) v HM Revenue & Customs [2008] EWHC 1987 (Admin) (24 July 2008)

High Court (Commercial Court)

ESR Insurance Services Ltd. v Clemons & Ors [2008] EWHC 2023 (Comm) (11 August 2008)

Source: www.bailii.org

Regina (Heffernan) v Rent Service – Times Law Reports

Posted August 21st, 2008 in benefits, housing, law reports, rent by sally

Regina (Heffernan) v Rent Service

House of Lords

“Rent officers should not base a local reference rent on too large an area.”

The Times, 20th 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.

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th 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.