Category: law reports
Satyam Computer Services Ltd v Upaid Systems Ltd – Times Law Reports
Satyam Computer Services Ltd v Upaid Systems Ltd
Court of Appeal
“It would only be through the use of the clearest possible specific language that parties to a settlement would be taken to have excluded fraud-based claims.”
The Times, 27th May 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.
Ramblers’ Association v Coventry City Council – Times Law Reports
Ramblers’ Association v Coventry City Council
Queen’s Bench Division
“A council could order the closure of a footpath under section 129A to G of the Highways Act 1980, as inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005, only if satisfied that the footpath had facilitated prolonged criminal or antisocial behaviour at the date of the order.”
The Times, 27th May 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.
SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports
SK (Sri Lanka) v Secretary of State for the Home Department
Court of Appeal
“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”
The Times, 27th May 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 Asfaw – Times Law Reports
House of Lords
“The humanitarian aims of the UN Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) were to be achieved by construing its words purposively.”
The Times, 26th May 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 v Porter – WLR Daily
R v Porter; [2008] WLR (D) 167
“There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real risk by the conduct of the operation in question. There was no objective standard which applied in every case but there would be important factors which would indicate one way or the other whether there was such a risk.”
WLR Daily, 23rd May 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.
In re Federal-Mogul Aftermarket UK Ltd and others – WLR Daily
In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166
“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”
WLR Daily, 23rd May 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 Asfaw (United Nations High Commissioner for Refugees intervening) – WLR Daily
“A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false documentation to the airline for onward travel to her intended sanctuary.”
WLR Daily, 23rd May 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.
McCann v United Kingdom – Times Law Reports
European Court of Human Rights
“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”
The Times, 23rd May 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.
Wood v Director of Public Prosecutions – Times Law Reports
Wood v Director of Public Prosecutions
Queen’s Bench Division
“Where a police officer restrained a person, but did not at that time intend or purport to arrest him, he was committing an assault, even if an arrest would have been justified.”
The Times, 23rd May 2008
Source: www.timesonline.co.uk
Pleae note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
King v Serious Fraud Office – Times Law Reports
Court of Appeal
“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”
The Times, 23rd May 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.
Gichura v Home Office and another – WLR Daily
Gichura v Home Office and another; [2008] WLR (D) 164
“Once a disabled detainee had gone through the administrative stage on arrival at a detention centre the services subsequently provided came within the scope of s 19(2) of the Disability Discrimination Act 1995.”
WLR Daily, 21st May 2008
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Kilby v Gawith – WLR Daily
Kilby v Gawith; [2008] WLR (D) 163
“The court had no discretion under CPR r 45.11(1) to disallow a successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”
WLR Daily, 21st May 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 (G) v Nottinghamshire Healthcare NHS Trust; R (N) v Secretary of State for Health; R (B) v Nottinghamshire Healthcare NHS Trust – WLR Daily
“A provision which had the effect of prohibiting smoking in a high security psychiatric hospital was not incompatible with the human rights of detained mental patients and was not unlawful.”
WLR Daily, 21st May 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.
In re Rottmann (a bankrupt) – WLR Daily
In re Rottmann (a bankrupt) ; [2008] WLR (D) 161
“The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”
WLR Daily, 21st May 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.
SB v A County Council – WLR Daily
SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160
“A judge considering dispensing with parental consent to adoption had to focus on the child’s welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications.”
WLR Daily, 21st May 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.
BE (Iran) v Secretary of State for the Home Department – WLR Daily
BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159
“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.
WLR Daily, 21st May 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.
Adorian v Commissioner of Police of the Metropolis – WLR Daily
Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158
“Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.”
WLR Daily, 21st May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully repoted in one of the ICLR series the corresponding WLR Daily summary is removed
Corporate Officer of the House of Commons v Information Commissioner and Others – Times Law Reports
Corporate Officer of the House of Commons v Information Commissioner and Others
Queen’s Bench Division
“Shortcomings in transparency and accountability in the system of paying additional costs allowances to Members of Parliament justified full disclosure of detailed information concerning those payments of their residential expenses.”
The Times, 22nd May 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 B – Times Law Reports
Court of Appeal
“The Court of Appeal, Criminal Division, would not give the Crown leave to appeal unless it was seriously arguable, not that a judge in exercising his discretion or making his judgment in the course of a criminal trial might have decided differently, but that it was unreasonable for him to have done it in the way he had.”
The Times, 22nd May 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.
