law reports – Page 330 – Current Awareness

Lord Alton of Liverpool and others v Secretary of State for the Home Department – WLR Daily

Posted May 9th, 2008 in law reports, proscribed organisations, terrorism by sally

Lord Alton of Liverpool and others v Secretary of State for the Home Department [2008] EWCA Civ 443; [2008] WLR (D) 141

“An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be ‘concerned in terrorism’ simply because its leaders had the contingent intention to resort to terrorism in the future.”

WLR Daily, 8th 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.

Arnup (as administratrix and on her own behalf) v MW White Ltd – WLR Daily

Posted May 9th, 2008 in accidents, damages, law reports, widows by sally

Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140

Where, after the death in service of her husband, a woman had received payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fell within the disregard provision within s 4 of the Fatal Accidents Act 1976 when damages were to be assessed following an admission of liability.”

WLR Daily, 9th 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.

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council – Times Law Reports

Posted May 8th, 2008 in law reports, rights of way by sally

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council

Court of Appeal

“Statutory requirements governing the making of an application to change the status of a right of way were to be adhered to strictly.”

The Times, 8th 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 Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th 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.

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Posted May 8th, 2008 in constitutional law, law reports, magistrates, Saint Lucia by sally

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th 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.

BAILII: Recent Decisions

Posted May 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kempster, R v [2008] EWCA Crim 975 (07 May 2008)

Court of Appeal (Civil Division)

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441 (07 May 2008)

Secretary of State for the Home Department v Lord Alton of Liverpool & Ors [2008] EWCA Civ 443 (07 May 2008)

Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446 (07 May 2008)

Arnup v MW White Ltd. [2008] EWCA Civ 447 (07 May 2008)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors [2008] EWHC 991 (Ch) (07 May 2008)

High Court (Queen’s Bench Division)

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors [2008] EWHC 921 (QB) (06 May 2008)

High Court (Administrative Court)

Warren, R (on the application of) v Her Majesty’s Assistant Coroner for Northamptonshire [2008] EWHC 966 (Admin) (29 April 2008)

X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC [2008] EWHC 800 (Pat) (21 April 2008)

Source: www.bailii.org

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 7th, 2008 in law reports, race discrimination, victimisation by sally

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138

“S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation.”

WLR Daily, 6th 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.

Burden and Another v United Kingdom (Application No 13378/05) – Times Law Reports

Posted May 7th, 2008 in law reports by sally

Burden and Another v United Kingdom (Application No 13378/05)

European Court of Human Rights

“Sisters who shared a house could not be compared to a couple united by law so as to invoke provisions prohibiting discrimination.”

The Times, 7th 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 (Eisai Ltd) v National Institute for Health and Clinical Excellence – Times Law Reports

Posted May 7th, 2008 in law reports, medicines, mental health by sally

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence

Court of Appeal

“Procedural fairness required the National Institute for Health and Clinical Excellence to release a fully executable version of an economic model to those consulted in the course of an appraisal process and not simply a read-only version. To do otherwise would place drug companies at a significant disadvantage in challenging the reliability of those models.”

The Times, 7th 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.

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th 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 T (Child: Doli incapax) – Times Law Reports

Posted May 6th, 2008 in children, doli incapax, law reports by sally

Regina v T (Child: Doli incapax)

Court of Appeal (Criminal Division)

“The statutory abolition of the rebuttable presumption that a child aged 10 or over was incapable of committing an offence also abolished the common law defence of doli incapax.”

The Times, 5th 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 (Edwards and Another) v Environment Agency and Others – Times Law Reports

Posted May 6th, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th 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.

Curistan v Times Newspapers Ltd – Times Law Reports

Posted May 6th, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd

Court of Appeal

“The privilege which attached to a fair and accurate report of parliamentary proceedings was not necessarily lost because of the addition of extraneous nonprivileged material in the same article.”

The Times, 6th 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.

Curistan v Times Newspapers Ltd – WLR Daily

Posted May 2nd, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd [2008] EWCA Civ 432; [2008] WLR (D) 135

“The qualified privilege which attached to a ‘fair and accurate’ report of parliamentary proceedings was not necessarily lost because of the addition of extraneous non-privileged material in the same article. Where an article consisted in part only of passages entitled to such privilege, the meaning of the non-privileged passages was to be ascertained on the basis that the privileged passages merely provided the context in which the other statements were made, and the repetition rule, under which for the purpose of libel law a hearsay statement was the same as a direct statement, had no application to the privileged passages.”

WLR Daily, 1st 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.

Bone v Newham London Borough Council – WLR Daily

Posted May 2nd, 2008 in employment, law reports, sex discrimination, tribunals, victimisation by sally

Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134

“Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had been an act of direct sex discrimination and victimisation. Where the Employment Appeal Tribunal concluded that the tribunal had erred in law in so amending its decision, it was inappropriate for the EAT simply to allow the appeal and leave the original and unamended decision to stand.”

WLR Daily, 1st 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 (BAPIO Action Ltd) v Secretary of State for the Home Department and another – WLR Daily

Posted May 2nd, 2008 in doctors, immigration, law reports by sally

R (BAPIO Action Ltd) v Secretary of State for the Home Department and another [2008] UKHL 27; [2008] WLR (D) 133

“Departmental guidance to NHS trusts which had the effect of preventing trainee doctors from overseas being offered postgraduate training places in NHS hospitals was unlawful.”

WLR Daily, 1st 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 (Warden and Fellows of Winchester College and another) v Hampshire County Council – WLR Daily

Posted May 1st, 2008 in law reports, rights of way by sally

R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132

“The formal requirements governing the making of an application to modify a definitive map and statement under s 53(5) of, and para 3 of Sch 14 to, the Wildlife and Countryside Act 1981, which were contained in para 1 of Sch 14, had to be adhered to strictly. Where such an application was found to be invalid, certain rights ostensibly extinguished under s 67(1) of the Natural Environment and Rural Communities Act 2006 were not apt to be saved by virtue of s 67(3) of the 2006 Act since the latter provision was predicated upon a valid application.”

WLR Daily, 30th April 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.

4 Eng Ltd v Harper and another – WLR Daily

Posted May 1st, 2008 in damages, deceit, law reports by sally

4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch); [2008] WLR (D) 131

“There was no objection in principle to recovery of damages for loss of a chance in an action for deceit.”

WLR Daily, 30th April 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 (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another – Times Law Reports

Posted May 1st, 2008 in doctors, immigration, law reports by sally

Regina (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another

House of Lords

“Government guidance to National Health Service employers which had the effect of preventing overseas trainee doctors from being offered postgraduate training places in NHS hospitals was unlawful.”

The Times, 1st May 2008

Source: www.timesonline.co.uk

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