law reports – Page 321 – Current Awareness

Merton London Borough Council v Jones – Times Law Reports

Posted July 3rd, 2008 in housing, law reports, mesne profits by sally

Court of Appeal

“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”

The Times, 3rd 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.

Lancore Services Ltd v Barclays Bank plc – WLR Daily

Posted July 2nd, 2008 in banking, law reports, letters of credit by sally

Lancore Services Ltd v Barclays Bank plc [2008] EWHC 1264 (Ch); [2008] WLR (D) 214

“The implication of a temporal limitation upon the right of a merchant acquirer to withhold payment to a merchant for goods and services provided by a third party was not permissible and would go far beyond any acceptable process of implication or construction.”

WLR Daily, 1st 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.

Byrne v Motor Insurers’ Bureau and Another – Times Law Reports

Posted July 2nd, 2008 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v Motor Insurers’ Bureau and Another

Court of Appeal

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver should be subject to a limitation period no less favourable than that which applied to the commencement of proceedings by minors for personal injury in tort against a traced driver.”

The Times, 2nd 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.

AL (Serbia) v Secretary of State for the Home Department Regina (Rudi) v Same – Times Law Reports

Posted July 2nd, 2008 in asylum, immigration, law reports by sally

AL (Serbia) v Secretary of State for the Home Department Regina (Rudi) v Same

House of Lords

“The Home Secretary’s policy to grant indefinite leave to remain to certain families living as a unit with children and young adults was a proportionate response to particular administrative and financial problems represented by that group; accordingly, the different treatment of single young adults, who were excluded because they were parentless and childless, was justified.”

The Times, 2nd 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 1st, 2008 in law reports by sally

High Court (Civil Division)

Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (01 July 2008)

Spencer v Secretary of State for Work & Pensions Moore & Ors [2008] EWCA Civ 750 (01 July 2008)

GO & Ors v Secretary of State for the Home Department [2008] EWCA Civ 747 (01 July 2008)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2008] EWCA Civ 640 (01 July 2008)

High Court (Chancery Division)

Cerascope Ltd & Anor v [2008] EWHC 1502 (Ch) (25 June 2008)

High Court (Commercial Court)

Harris & Ors v The Society of Lloyd’s [2008] EWHC 1433 (Comm) (01 July 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 1st, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Angel Airlines v Dean and Dean [2008] EWHC 1513 (QB) (30 June 2008)

High Court (Commercial Court)

P v A & Anor [2008] EWHC 1361 (Comm) (20 June 2008)

High Court (Patents Court)

Actavis UK Ltd v Janssen Pharmaceutica NV [2008] EWHC 1422 (Pat) (30 June 2008)

Source: www.bailii.org

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same – WLR Daily

Posted July 1st, 2008 in asylum, immigration, law reports by sally

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same [2008] UKHL 42; [2008] WLR (D) 213

“A policy, whereby indefinite leave to remain would be granted to certain families living as a unit with children and young adults, was a proportionate response to particular administrative and financial problems represented by that group; and accordingly the different treatment of single young adults, who were excluded from the policy because they were parentless, was justified.”

WLR Daily, 30th June 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 (Wychavon District Council) v Secretary of State for Communities and Local Government and Others – Times Law Reports

Posted July 1st, 2008 in law reports, planning, travellers by sally

Regina (Wychavon District Council) v Secretary of State for Communities and Local Government and Others

Court of Appeal

“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”

The Times, 1st 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.

EB (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted June 30th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department

House of Lords

“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”

The Times, 30th June 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

Johnston v Lambeth London Borough Council – Times Law Reports

Posted June 30th, 2008 in homelessness, law reports by sally

Johnston v Lambeth London Borough Council

Court of Appeal

“A local government officer reviewing a decision that an applicant did not have priority need as a homeless person could neither dispense with the statutory duty to consider the earlier decision nor, if mindful to find against the applicant, to give notice to allow the applicant to make written or oral representations.”

The Times, 30th June 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 June 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Anwoir & Ors, R. v [2008] EWCA Crim 1354 (27 June 2008)

High Court (Chancey Division)

Football Association Premier League Ltd & Ors v QC Leisure & Ors [2008] EWHC 1411 (Ch) (24 June 2008)

Astall & Anor v Revenue & Customs [2008] EWHC 1471 (Ch) (27 June 2008)

High Court (Queen’s Bench Division)

Buckley & Ors v Yates Wine Lodges Ltd & Anor [2008] EWHC 1408 (QB) (27 June 2008)

Green v Westleigh Properties Limits [2008] EWHC 1474 (QB) (27 June 2008)

High Court (Commercial Court)

Kamidian v Holt (On Behalf of Certain Underwriters At Lloyd’s) & Ors [2008] EWHC 1483 (Comm) (27 June 2008)

High Court (Technology and Construction Court)

TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC) (13 June 2008)

Source: www.bailii.org

R v Kenning; R v Blackshaw; R v Fenwick – WLR Daily

Posted June 27th, 2008 in aiding and abetting, conspiracy, law reports by sally

R v Kenning; R v Blackshaw; R v Fenwick; [2008] WLR (D) 212

“An agreement to aid and abet an offence was not capable of constituting a criminal conspiracy.”

WLR Daily, 26th June 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 Higgs – WLR Daily

Posted June 27th, 2008 in copyright, law reports, video games by sally

R v Higgs [2008] EWCA Crim 1324; [2008] WLR (D) 211

“To establish the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be shown that the technological measure concerned physically prevents infringement of copyright, and is not merely a discouragement or commercial hindrance to copyright infringement.The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Neil Stanley Higgs, against his conviction on 19 October 2007 in the Crown Court at Bristol before Her Honour Judge Hagen of 26 offences contrary to s 296ZB of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 26th June 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.

Gray v Thames Trains Ltd and another – WLR Daily

Posted June 27th, 2008 in accidents, damages, law reports, post-traumatic stress disorder, railways by sally

Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210

“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”

WLR Daily, 26th June 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.

Beoku-Betts v Secretary of State for the Home Department – WLR Daily

Posted June 27th, 2008 in human rights, immigration, law reports by sally

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209

“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”

WLR Daily, 26th June 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.

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd – WLR Daily

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd [2008] UKHL 44; [2008] WLR (D); [2008] WLR (D) 208

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under s 39 of the Leasehold Reform, Housing and Urban Development Act 1993.”

WLR Daily, 26th June 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.

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd Before Lord – Times Law Reports

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd

House of Lords

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under the Leasehold Reform, Housing and Urban Development Act 1993.”

The Times, 27th June 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.

Johns v Solent SD Ltd – Times Law Reports

Posted June 27th, 2008 in age discrimination, EC law, law reports, stay of proceedings by sally

Johns v Solent SD Ltd

Court of Appeal

“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”

The Times, 27th June 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.