Category: law reports

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.

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Colliard, R. v [2008] EWCA Crim 1175 (13 May 2008)

Bassett, R. v [2008] EWCA Crim 1174 (14 May 2008)

N Ltd & Anor, R. v [2008] EWCA Crim 1223 (10 June 2008)

Court of Appeal (Civil Division)

Abu Dhabi Investment Company & Ors v H Clarkson & Company & Ors [2008] EWCA Civ 699 (26 June 2008)

High Court (Queen’s Bench Division)

Cenet (nee McGlennon) v Wirral Metropolitan Borough Council [2008] EWHC 1407 (QB) (26 June 2008)

High Court (Family Division)

Salford City Council v GJ & Ors [2008] EWHC 1097 (Fam) (16 May 2008)

Munro v Munro [2007] EWHC 3315 (Fam) (19 December 2007)

I v I [2008] EWHC 1167 (Fam) (23 June 2008)

High Court (Patents Court)

WL Gore & Associates Ltd v Geox Spa [2008] EWHC 1385 (Pat) (11 June 2008)

Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 1379 (Pat) (25 June 2008)

Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2008] EWHC 1180 (Pat) (14 May 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted June 26th, 2008 in law reports by sally

Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 39 (25 June 2008)

Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 40 (25 June 2008)

EB Kosovo (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 41 (25 June 2008)

AL Serbia (FC) (Appellant) v Secretary of State for the Home Department (Respondent) R (On the application of Rudi) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2008] UKHL 42 (25 June 2008)

Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm (Respondent) [2008] UKHL 43 (25 June 2008)

Earl Cadogan and others (Respondents) v 26 Cadogan Square Limited (Appellants), Howard de Walden Estates Limited (Respondents) v Aggio and others (Appellants) [2008] UKHL 44 (25 June 2008)

Source: www.parliament.uk

Daily Telegraph Law Reports, 26th June 2008

Posted June 26th, 2008 in law reports by sally

Boustead (Murray) v. North West Strategic HA

Moore Stephens (A Firm) v. Stone & Rolls Ltd (In Liquidation)

G v. R & Anr

Barnett v. Secretary of State for Communities and Local Government

Refson v. Revenue & Customs Commissioners

R (Hill) v. Bedfordshire CC

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Higgs v R [2008] EWCA Crim 1324 (24 June 2008)

M & Anor, R. v [2008] EWCA Crim 1249 (23 May 2008)

Coupe, R. v [2008] EWCA Crim 1210 (23 May 2008)

Morgan v R. [2008] EWCA Crim 1323 (20 June 2008)

Smith & Ors v R [2008] EWCA Crim 1342 (25 June 2008)

Ilyas v Aylesbury Vale District Council [2008] EWCA Crim 1303 (19 June 2008)

High Court (Chancery Division)

Ardentia Ltd. v British Telecommunications Plc [2008] EWHC B12 (Ch) (19 June 2008)

Lancore Services Ltd v Barclays Bank Plc [2008] EWHC 1264 (Ch) (25 June 2008)

Cerascope Ltd & Anor v [2008] EWHC B9 (Ch) (25 June 2008)

Barron v Woodhead & Anor [2008] EWHC B10 (Ch) (25 June 2008)

High Court (Queen’s Bench Division)

Boustead v North West Strategic Health Authority [2008] EWHC B11 (QB) (16 June 2008)

Chilli Developments Ltd v The Commission for the New Towns (Known as English Partnerships) & Anor [2008] EWHC 1310 (QB) (18 June 2008)

Photolibrary Group Ltd (t/a Garden Picture Library) & Ors v Burda Senator Verlag GmbH & Ors [2008] EWHC 1343 (QB) (18 June 2008)

Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

Roudham and Larling Parish Council, R (on the application of) v Breckland Council [2008] EWCA Civ 714 (25 June 2008)

Gray v Thames Trains Ltd & Anor (Rev 1) [2008] EWCA Civ 713 (25 June 2008)

High Court (Administrative Court)

Weaver, R (on the application of) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)

O’Neil, R (on the application of) v Independent Adjudicator & Anor [2008] EWHC 1371 (Admin) (03 June 2008)

Mitchell, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1370 (Admin) (03 June 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1367 (Admin) (04 June 2008)

General Medical Council, R (on the application of) v George [2008] EWHC 1337 (Admin) (06 June 2008)

Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) (25 June 2008)

M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) (20 June 2008)

A v Secretary of State for the Home Department [2008] EWHC 1382 (Admin) (23 June 2008)

High Court (Technology and Construction Court)

Owen Pell Ltd v Bindi (London) Ltd [2008] EWHC 1420 (TCC) (19 May 2008)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1391 (TCC) (13 June 2008)

Balcombe Group Plc v London Developement Agency [2008] EWHC 1392 (TCC) (24 June 2008)

Drummond v Pool Design Ltd [2008] EWHC 1438 (TCC) (13 June 2008)

Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) (25 June 2008)

Source: www.bailii.org

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th 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.

Commune de Mesquer v Total France SA and another – WLR Daily

Posted June 26th, 2008 in EC law, law reports, waste by sally

Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206

“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”

WLR Daily, 25th 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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th 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 Wood – WLR Daily

Posted June 26th, 2008 in alcoholism, criminal responsibility, law reports, murder by sally

R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204

“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”

WLR Daily, 25th 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.

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

Posted June 26th, 2008 in asylum, delay, law reports by sally

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 25th 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.

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th 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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

Chikwamba v Secretary of State for the Home Department

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th 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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th 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.

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others – WLR Daily

Posted June 25th, 2008 in environmental protection, law reports, planning, travellers by sally

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others [2008] EWCA Civ 692; [2008] WLR (D) 20

“The loss of a gipsy family’s home with no immediate prospect of replacement was capable in law of being regarded as a very special factor within para 3.2 of the Planning Policy Guidance Note 2 issued by the Secretary of State to local planning authorities. It was a factor to be weighed in the balance when considering the value society attached to the protection of gipsy homes against the public value of the protection of the Green Belt.”

WLR Daily, 24th 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.

Arnup v M. W. White Ltd – Times Law Reports

Posted June 25th, 2008 in accidents, damages, law reports by sally

Arnup v M. W. White Ltd

Court of Appeal

“Payments to a widow from a death in service benefit scheme and a trust fund established by an employer, were to be disregarded when assessing damages following an admission of liability.”

The Times, 25th 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.

IIG Capital llc v Van der Merwe – Times Law Reports

Posted June 25th, 2008 in company law, guarantees, law reports by sally

IIG Capital llc v Van der Merwe

Court of Appeal

“Where shareholders of a company over which they had complete control borrowed money for the business, the question whether they guaranteed to repay the loan as principal or as secondary obligors had to be assessed in that context.”

The Times, 25th 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.

Life Sentence Review Commissioners v D – Times Law Reports

Posted June 24th, 2008 in law reports, special report, standard of proof by sally

Life Sentence Review Commissioners v D

House of Lords

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served his tariff was no longer a risk to the public was the balance of probabilities.”

The Times, 24th June 2008

Source: www.times.online.co.uk

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

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 24th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

Court of Appeal

“Once a council tenant had served upon a council an operative notice of delay under the statutory right-to-buy scheme, rent paid by way of housing benefit counted towards the purchase price payable by the tenant for the council property.”

The Times, 24th 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.