BAILII: Recent Decisions
High Court (CHancery Division)
Hearn & Ors v Dobson & Anor [2008] EWHC 1620 (Ch) (17 July 2008)
Source: www.bailii.org/
High Court (CHancery Division)
Hearn & Ors v Dobson & Anor [2008] EWHC 1620 (Ch) (17 July 2008)
Source: www.bailii.org/
Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others
Queen’s Bench Division
“Faith schools which gave priority to children of their designated faith in the event of oversubscription did not directly or indirectly racially discriminate against non-members of the faith.”
The Times, 18th 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.
Procter and Gamble UK v Revenue and Customs Commissioners
Chancery Division
“Regular Pringles were zero-rated for VAT because they were not potato products.”
The Times, 18th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
Court of Appeal (Criminal Division)
B, R. v [2008] EWCA Crim 1524 (17 July 2008)
Panesar, R. v [2008] EWCA Crim 1526 (17 July 2008)
Lunkov, R. v [2008] EWCA Crim 1525 (17 July 2008)
Court of Appeal (Civil Division)
Manton Securities Ltd v Nazam (t/a New Dadyal Cash and Carry) [2008] EWCA Civ 805 (17 July 2008)
GM (Eritrea) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 833 (17 July 2008)
MJ (Mother) and LB (Father) v Local Authority & Ors [2008] EWCA Civ 835 (17 July 2008)
High Court (Chancery Division)
Revenue and Customs v Khawaja [2008] EWHC 1687 (Ch) (17 July 2008)
High Court (Administrative Court)
Finn-Kelcey v Milton Keynes Council [2008] EWHC 1650 (Admin) (17 July 2008)
High Court (Commercial Court)
Equitas Ltd v Allstate Insurance Company [2008] EWHC 1671 (Comm) (17 July 2008)
High Court (Technology and Construction Court)
Galliford Try Infrastructure Ltd & Anor v Mott MacDonald Ltd [2008] EWHC 1570 (TCC) (17 July 2008)
Source: www.bailii.org
Court of Appeal (Civil Division)
Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)
Strachey v Ramage [2008] EWCA Civ 804 (16 July 2008)
Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)
Allen, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 808 (15 July 2008)
High Court (Queen’s Bench Division)
Johnson v Luxcool Ltd & Ors [2008] EWHC 1591 (QB) (15 July 2008)
High Court (Chancery Division)
Lexi Holdings v Luqman & Anor [2008] EWHC 1639 (Ch) (16 July 2008)
IB4AI Llc v Auriel Capital [2008] EWHC 1571 (Ch) (23 June 2008)
High Court (Administrative Court)
E v The Governing Body of JFS & Anor [2008] EWHC 1665 (Admin) (16 July 2008)
Murphy v Media Protection Services Ltd [2008] EWHC 1666 (Admin) (16 July 2008)
Nobbs v Director of Public Prosecutions [2008] EWHC 1653 (Admin) (27 June 2008)
Source: www.bailii.org
Practice Direction (Administrative Court: Uncontested proceedings)
Queen’s Bench Division
“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”
The Times, 17th 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.
Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa
Court of Appeal (Criminal Division)
“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”
The Times, 17th 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.
Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241
“A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”
WLR Daily, 16th 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.
Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240
“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”
WLR Daily, 16th 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.
Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239
“Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”
WLR Daily, 16th 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.
Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238
“The Court of Appeal had jurisdiction, in very particular circumstances, to pursue a point of general importance in an immigration case not raised below once it occurred to the court, in order to ensure the state’s compliance with its international obligations. Where the point involved whether a propensity to commit robberies constituted a serious threat to society, it was for each member state to decide what sufficed to make threatened future criminal conduct serious enough to justify expulsion of an EEA national who had a right to reside in the United Kingdom.”
WLR Daily, 15th 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 (Harris) v Secretary of State for the Home Department; [2008] WLR (D) 237
“A defendant whose conviction was quashed on appeal would only be entitled to statutory compensation where that defendant’s innocence had been acknowledged or where there had been serious failures of the trial process.”
WLR Daily, 15th 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.
Court of Appeal (Criminal Division)
Cadman v R. [2008] EWCA Crim 1418 (03 July 2008)
Court of Appeal (Civil Division)
R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817 (15 July 2008)
Westcott v Westcott [2008] EWCA Civ 818 (15 July 2008)
Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819 (15 July 2008)
High Court (Queen’s Bench Division)
Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)
High Court (Administrative Court)
Humphries & Ors v Secretary of State for Work and Pensions [2008] EWHC 1585 (Admin) (09 July 2008)
High Court (Commercial Court)
Congentra AG v Sixteen Thirteen Marine SA [2008] EWHC 1615 (Comm) (15 July 2008)
Source: www.bailii.org
Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn
Court of Justice of the European Communities
“Public statements by an employer that it would not recruit employees of a certain racial or ethnic origin constituted direct discrimination in respect of recruitment, within the Community race discrimination directive, even though there was no identifiable complainant contending that he had been the victim of discrimination.”
The Times, 16th 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.
Chancery Division
“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”
The Times, 16th 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.
Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] WLR(D); [2008] WLR (D) 236
“For the purposes of s 146A(3) Customs and Excise Management Act 1979 matters within the knowledge of officers of HM Revenue and Customs were not to be imputed to the Director of Revenue and Customs Prosecutions, so that the period for the commencement of summary proceedings started only when sufficient evidence to warrant proceedings came to the attention of the Director or his staff.”
WLR Daily, 14th 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.
Regina v Rahman and Regina v Mohammed
Court of Appeal
“Sentences for terrorist offences, while requiring an element of deterrence, must not be disproportionate to the facts of the particular offence as that would be likely to inflame rather than deter extremism.”
The Times, 15th 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.
Regina v Bonellie Regina v Hughes and Regina v Miller
Court of Appeal
“For a murder to involve sadistic conduct, so as to merit a 30-year starting point in determining the minimum term of the mandatory life sentence, the conduct had to involve a significant degree of awareness of pleasure in the infliction of pain, suffering or humiliation.”
The Times, 15th 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.
Court of Appeal (Criminal Division)
The Serious Fraud Office v Lexi Holdings Plc [2008] EWCA Crim 1443 (10 July 2008)
Rahman & Anor v R [2008] EWCA Crim 1465 (08 July 2008)
Court of Appeal (Civil Division)
Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 (11 July 2008)
McGuane v Welch [2008] EWCA Civ 785 (11 July 2008)
HB v Secretary of State for the Home Department [2008] EWCA Civ 806 (11 July 2008)
Roberts v Gill & Co & Anor [2008] EWCA Civ 803 (11 July 2008)
ING Lease (UK) Ltd v Harwood [2008] EWCA Civ 786 (09 July 2008)
Zambia v Meer Care & Desai (a firm) & Ors [2008] EWCA Civ 754 (09 July 2008)
High Court (Chancery Division)
Croftcall Ltd v Morgan & Anor [2008] EWHC 1622 (Ch) (11 July 2008)
Bank of New York v Montana Board of Investments & Anor [2008] EWHC 1594 (Ch) (10 July 2008)
High Court (Administrative Court)
High Court (Commercial Court)
Greene Wood & McLean v Templeton Insurance Ltd [2008] EWHC 1593 (Comm) (10 July 2008)
High Court (Admiralty Division)
Source: www.bailii.org
Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235
“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”
WLR Daily, 11th 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.