House of Lords Judgments: What’s new?
Source: www.parliament.uk
Category: law reports
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AB (Jamaica) v Secretary of State for the Home Department [2007] EWCA Civ 1302 (06 December 2007)
Pitts & Ors v Jones [2007] EWCA Civ 1301 (06 December 2007)
Haines v Hill & Anor [2007] EWCA Civ 1284 (05 December 2007)
Powell & Anor v Benney [2007] EWCA Civ 1283 (05 December 2007)
C v D [2007] EWCA Civ 1282 (05 December 2007)
Waltham Forest v Maloba [2007] EWCA Civ 1281 (04 December 2007)
Court of Appeal (Criminal Division)
Harrison v R [2007] EWCA Crim 2976 (05 December 2007)
Esat v Crown Prosecution Service [2007] EWCA Crim 2941 (04 December 2007)
A, R. v [2007] EWCA Crim 2868 (04 December 2007)
High Court (Administrative Court)
Bullivant, Re [2007] EWHC 2938 (Admin) (11 December 2007)
Ministry of Defence v Foxley & Ors [2007] EWHC 2874 (Admin) (10 December 2007)
High Court (Chancery Division)
Kostic v Chaplin & Ors [2007] EWHC 2909 (Ch) (07 December 2007)
High Court (Commercial Court)
St Ivel Ltd v Wincanton Group Ltd & Anor [2007] EWHC 2906 (Comm) (06 December 2007)
Czech Republic v European Media Ventures SA [2007] EWHC 2851 (Comm) (05 December 2007)
High Court (Queen’s Bench Division)
Chan v Barts & the London NHS Trust [2007] EWHC 2914 (QB) (07 December 2007)
Rickard Metals v Cotton (t/a Allmat Enterprises) & Anor [2007] EWHC 2915 (QB) (07 December 2007)
Allitt, Re [2007] EWHC 2845 (QB) (06 December 2007)
RDF Media Group Plc & Anor v Clements [2007] EWHC 2892 (QB) (05 December 2007)
Source: www.bailii.org
Regina v Hawkes (Attorney-General’s Reference No 68 of 2007) – Times Law Reports
Regina v Hawkes (Attorney-General’s Reference No 68 of 2007)
“Drug dealers who kept weapons with a view to using violence would, on conviction, have their sentences significantly increased to reflect that fact.”
The Times, 11th December 2007
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.
Inner West London Assistant Deputy Coroner v Channel 4 Television Corporation and Another – Times Law Reports
Inner West London Assistant Deputy Coroner v Channel 4 Television Corporation and Another
“Courts should avoid trying to fit a coroner’s application for a witness summons into the template of civil litigation; because of the inquisitorial nature of an inquest, a more flexible approach should be taken.”
The Times, 11th December 2007
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.
Regina (Paul and Others) v Assistant Deputy Coroner of Inner West London – Times Law Reports
Regina (Paul and Others) v Assistant Deputy Coroner of Inner West London
Court of Appeal
“A coroner could not read to the jury hearsay evidence in documentary form which he considered likely to be disputed where the maker of the statement was unable to attend.”
The Times, 11th December 2007
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.
Secretary of State for Trade and Industry v Vohora and Another – Times Law Reports
Secretary of State for Trade and Industry v Vohora and Another
Chancery
“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company under section 6 of the Company Directors Disqualification Act 1986 had to be brought, rather than commenced within two years.”
The Times, 10th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only avaialble free on Times Online for 21 days from the date of publication.
Regina v Foster – Times Law Reports
Regina v Foster
Regina v Newman
Regina v Kempster
Regina v Birmingham
Court of Appeal (Criminal Division)
“There was no absolute obligation on a trial judge to leave an alternative lesser verdict for the jury to consider whenever the defence to the more serious charge on the indictment involved an admission of a lesser or different offence; sometimes it would be appropriate, but sometimes it would not.”
The Times, 10th December 2007
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.
Brecknell v United Kingdom – Times Law Reports
European Court of Human Rights
“Where there existed a plausible or credible allegation, piece of evidence or item of information relevant to the identification and prosecution of a perpetrator of an unlawful killing, state authorities were under an obligation to take further investigative measures.”
The Times, 7th December 2007
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.
Hill and another v Haines – WLR Daily
Hill and another v Haines [2007] EWCA Civ 1284
“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”
WLR Daily, 6th December 2007
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 M and another (Minors) – WLR Daily
In re M and another (Minors) [2007] UKHL 55
“The Hague Convention on the Civil Aspects of International Child Abduction 1980 had laid down the circumstances under which the return of a child who had been abducted from a contracting state could be refused, and it was neither necessary nor desirable that English courts should import an additional test of ‘exceptionality’ into the exercise of discretion provided for by the Convention.”
WLR Daily, 6th December 2007
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.
C v D – WLR Daily
“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”
WLR Daily, 6th December 2007
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 (Maloba) v Waltham Forest London Borough Council – WLR Daily
R (Maloba) v Waltham Forest London Borough Council
“On the proper construction of s 175(3) of the Housing Act 1985, the phrase ‘accommodation which it would be reasonable .. to continue to occupy’ was to be read as ‘to occupy or continue to occupy’. Such an interpretation avoided the creation of a distinction between a person with unfit accommodation available to him who was living in it and one who was not. Furthermore, the matters to be considered in deciding whether it was reasonable to expect an applicant to occupy accommodation available to him were not limited to the size and structural quality of the accommodation.”
WLR Daily, 5th December 2007
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 Cartwright – Times Law Reports
Court of Appeal (Criminal Division)
“Restrictions imposed on adducing evidence and cross-examination as to a complainant’s sexual history by section 41 of the Youth Justice and Criminal Evidence Act 1999 continued to apply to trials after the coming into force of the Sexual Offences Act 2003, in respect of offences allegedly committed before that date, even though there was no express saving provision to that effect.”
The Times, 6th December 2007
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.
In re M and Another (Minors) – Times Law Reports
House of Lords
“The circumstances under which a court should refuse to order the return of a child who had been abducted from a state subscribing to the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been laid down under the Convention itself and it was neither necessary nor desirable for English courts to add an additional test of ‘exceptionality’ over and above the requirements of the Convention.”
The Times, 6th December 2007
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.
Mobile phone rivals accused of colluding against 3 – The Times
“Britain’s four biggest mobile phone operators used their own industry trade body as a forum for colluding to shut rival 3 out of the UK market, the High Court heard yesterday.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
In re C (A child)(Adoption: Local authority duty) – Times Law Reports
In re C (A child)(Adoption: Local authority duty)
Court of Appeal
“There was no duty on a local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care where mother wished to place the child for adoption.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available on Times Online for 21 days from the date of publication.
McClintock v Department of Constitutional Affairs – Times Law Reports
McClintock v Department of Constitutional Affairs
Employment Appeal Tribunal
“To allow judges to opt out of hearing cases where they disapproved of the law would be an abdication of their responsibilities.”
The Times, 5th December 2007
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.
Sundelind Lopez v Lopez Lizazo – WLR Daily
Sundelind Lopez v Lopez Lizazo (Case C-68/07)
“Arts 6 and 7 of Regulation No 2201/2003 meant that where, in divorce proceedings, a respondent was not habitually resident in and not a national of a member state, the courts of a member state could not base their jurisdiction to hear the petition on their national law, if the courts of another member state had jurisdiction under art 3 of the Regulation.
The Third Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Högsta domstolen, Sweden.”
WLR Daily, 4th December 2007
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.
