law reports – Page 317 – Current Awareness

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253

“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”

WLR Daily, 24th July 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.

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th July 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 Hills; R v Davies; R v Pomfret – WLR Daily

Posted July 25th, 2008 in law reports, parole, sentencing by sally

R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251

There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”

WLR Daily, 24th July 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.

Haringey London Borough Council v MA – WLR Daily

Posted July 25th, 2008 in adoption, law reports, parental responsibility by sally

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th July 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 Bieber – WLR Daily

Posted July 25th, 2008 in law reports, murder, sentencing by sally

R v Bieber; [2008] WLR (D) 249

“An irreducible life sentence for murder, which was imposed because the offence was so serious that for the purposes of punishment and deterrence the offender must remain in prison for the rest of his days, did not result in detention that constituted inhuman or degrading treatment. In any event, a whole life term was not an irreducible sentence since the Home Secretary could always use his statutory power to release a prisoner whose continued imprisonment would amount to inhuman or degrading treatment.”

WLR Daily, 24th July 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 July 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Johnston Publishing (North) Ltd. v The Commissioners for HM Revenue and Customs [20Q8] EWCA Civ 858 (23 July 2008)

Richardson & Anor v MacNab & Anor [2008] EWCA Civ 860 (24 July 2008)

Bush v Bush [2008] EWCA Civ 865 (24 July 2008)

Birmingham Development Company Ltd. v Tyler [2008] EWCA Civ 859 (24 July 2008)

High Court (Chancery Division)

Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008)

High Court (Queen’s Bench Division)

Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

Dinedor Hill Action Association v County of Herefordshire District Council & Anor [2008] EWHC 1741 (Admin) (24 July 2008)

Source: www.bailii.org

Bulale v Secretary of State for the Home Department

Posted July 25th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department

Court of Appeal

“The Court of Appeal did have jurisdiction in rare cases to pursue of its own motion a point of general importance not raised below in order to ensure the state’s compliance with its international obligations.”

The Times, 25th July 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 July 24th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Bieber (Aka Coleman) v R. [2008] EWCA Crim 1601 (23 July 2008)

Court of Appeal (Civil Division)

Revenue and Customs v Waste Recycling Group Ltd. [2008] EWCA Civ 849 (23 July 2008)

Shore v Sedgwick Financial Services Ltd. [2008] EWCA Civ 863 (23 July 2008)

Selvarajan v Wilmot & Ors [2008] EWCA Civ 862 (23 July 2008)

High Court (Chancery Division)

Drummond v Revenue and Customs [2008] EWHC 1758 (Ch) (23 July 2008)

High Court (Queen’s Bench Division)

Onwuama v London Borough of Ealing [2008] EWHC 1704 (QB) (22 July 2008)

High Court (Administrative Division)

Melli Bank Plc, R (on the application of) v Her Majesty’s Treasury & anor [2008] EWHC 1661 (Admin) (09 July 2008)

Source: www.bailii.org

West London Pipeline and Storage Ltd v Total UK Ltd – WLR Daily

Posted July 24th, 2008 in disclosure, law reports, privilege by sally

West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] WLR (D) 248

“Guidance as to the principles applicable to determining a claim to litigation privilege.”

WLR Daily, 23rd July 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.

French v Barcham and Another – Times Law Reports

Posted July 24th, 2008 in bankruptcy, landlord & tenant, law reports by sally

French v Barcham and Another

Chancery Division

“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”

The Times, 24th July 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.

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and Another – Times Law Reports

Posted July 24th, 2008 in law reports, limitations, personal injuries by sally

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and Another

Court of Appeal

“A cause of action for damages against the government for failure to implement Community law resulting in failure to provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered The Court of Appeal so stated when dismissing the appeals of: (i) Derek Keith Spencer against the dismissal of his claim by Mr Justice Holland ([2007] EWHC 1775 (QB)) and (ii) Kenneth Dudley Moore against the dismissal of his claim by Mr Justice Eady ([2007] EWHC 879 (QB)).”

The Times, 24th July 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.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

“The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd July 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.

GO and Others v Secretary of State for the Home Department – Times Law Reports

Posted July 23rd, 2008 in education, immigration, law reports by sally

GO and Others v Secretary of State for the Home Department

Court of Appeal

“Overseas students could change their courses but if they wanted an extension of stay in the United Kingdom, they had to be able to produce evidence of satisfactory progress, whether on the course named in the application for entry clearance or on another recognised course.”

The Times, 23rd July 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.

Leofelis SA and Another v Lonsdale Sports Ltd and Others – Times Law Reports

Posted July 23rd, 2008 in civil procedure rules, documents, law reports by sally

Leofelis SA and Another v Lonsdale Sports Ltd and Others

Court of Appeal

“It was appropriate for economy of documentation in appeals for parties to cooperate in making the bundles as convenient as possible, even in ways which the Practice Direction to Part 52 of the Civil Procedure Rules might not allow.”

The Times, 23rd July 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 July 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Bryan v R. [2008] EWCA Crim 1568 (22 July 2008)

Court of Appeal (Civil Division)

F (Children), Re [2008] EWCA Civ 842 (22 July 2008)

CTI Group Inc v Transclear SA [2008] EWCA Civ 856 (22 July 2008)

North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 (22 July 2008)

High Court (Chancery Division)

Hollis & Ors v Rolfe & Ors [2008] EWHC 1747 (Ch) (22 July 2008)

High Court (Queen’s Bench)

Ewing v News International Ltd & Ors [2008] EWHC 1390 (QB) (22 July 2008)

High Court (Administrative Court)

AE v Secretary of State for the Home Department [2008] EWHC 1743 (Admin) (21 July 2008)

High Court (Commercial Court)

ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWHC 1689 (Comm) (11 July 2008)

West London Pipeline and Storage Ltd & Anor v Total UK Ltd & Ors [2008] EWHC 1729 (Comm) (22 July 2008)

Source: www.bailii.org

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 22nd, 2008 in commons, law reports by sally

R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246

“Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it.”

WLR Daily, 22nd July 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.

Newport City Council v Charles – WLR Daily

Posted July 22nd, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles; [2008] WLR (D) 245

“A local authority’s right to possession against a person succeeding to a tenancy on the death of a family member other than a spouse on the ground that the accommodation was more than he reasonably required was not an interest in land capable of giving rise to a proprietory estoppel against the tenant. Accordingly, a tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

WLR Daily, 21st July 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.

Day v Haine and Another – Times Law Reports

Posted July 22nd, 2008 in EC law, insolvency, law reports, redundancy by sally

Day v Haine and Another

Court of Appeal

“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”

The Times, 22nd July 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.