In re M and another (Minors) – WLR Daily

Posted December 7th, 2007 in child abduction, law reports by sally

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

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

C v D [2007] EWCA Civ 1282

“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

Posted December 7th, 2007 in homelessness, housing, law reports by sally

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.

House of Lords Judgments: What’s new?

Posted December 7th, 2007 in law reports by sally

In re M (FC) and another (FC) (Children) (FC) [2007] UKHL 55 (5 December 2007)

Source: www.parliament.uk

Daily Telegraph Law Reports, 6th December 2007

Posted December 6th, 2007 in law reports by sally

Re C (A Child) v XYZ CC & Anr

Hughes v Guise Motors Ltd

R (Hasan) v Secretary of State for Trade & Industry

Sharp v Ministry of Defence

R v Nadarajah

Slee v Secretary of State for Justice

Daily Telegraph, 6th December 2007

Source: www.telegraph.co.uk

Regina v Cartwright – Times Law Reports

Posted December 6th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

Regina v Cartwright

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

Posted December 6th, 2007 in child abduction, law reports by sally

In re M and Another (Minors)

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

Posted December 5th, 2007 in competition, law reports, telecommunications by sally

“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.”

Full story

The Times, 5th December 2007

Source: www.timesonline.co.uk

In re C (A child)(Adoption: Local authority duty) – Times Law Reports

Posted December 5th, 2007 in adoption, law reports by sally

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

Posted December 5th, 2007 in harassment, law reports, magistrates, religious discrimination by sally

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

Posted December 5th, 2007 in divorce, EC law, jurisdiction, law reports by sally

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. 

R (Paul and others) v Assistant Deputy Coroner of Inner West London – WLR Daily

Posted December 4th, 2007 in evidence, inquests, law reports by sally

R (Paul and others) v Assistant Deputy Coroner of Inner West London [2007] EWCA Civ 1259

“R 37 of the Coroners Rules 1984 was a complete code as to when documents could be put directly in evidence by a coroner without calling a witness. Hearsay evidence in documentary form which the coroner considered likely to be disputed could not simply be read to the jury even where the maker of the statement was unable to attend but must be put in evidence by a witness.”

WLR Daily, 3rd 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.

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

Posted December 4th, 2007 in criminal procedure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)

“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”

WLR Daily, 3rd 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 v Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily

Posted December 4th, 2007 in juries, law reports, verdicts by sally

R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869

“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”

WLR Daily, 3rd 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. 

House of Lords Judgments: What’s new?

Posted December 4th, 2007 in law reports by sally

R (on the application of Countryside Alliance and others and others (Appellants)) v Her Majesty’s Attorney General and another (Respondents)R (on the application of Countryside Alliance and others (Appellants) and others) v Her Majesty’s Attorney General and another (Respondents) (Conjoined Appeals) [2007] UKHL 52 (28 November 2007)

Whaley and another (Appellant) v Lord Advocate (Respondent) (Scotland) [2007] UKHL 53 (28 November 2007)

Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2007] UKHL 54 (28 November 2007)

Source: www.parliament.uk

Aldi Stores Ltd v WSP Group plc and Others – Times Law Reports

Posted December 4th, 2007 in abuse of process, law reports by sally

Aldi Stores Ltd v WSP Group plc and Others

Court of Appeal

“In complex commercial multiparty litigation, a party wanting to pursue other proceedings but to preserve a right in existing proceedings, had to raise that issue with the court to enable it to express its view on the proper use of resources and the economic and efficient conduct of the litigation.”

The Times, 4th 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.

Regina v Massey – Times Law Reports

Posted December 4th, 2007 in law reports, prostitution by sally

Regina v Massey

Court of Appeal (Criminal Division)

“The meaning of ‘control’ for the purposes of the offence of controlling prostitution for gain did not involve the words ‘compulsion’, ‘coercion’ or ‘force’.”

The Times, 4th 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.

R v Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily

Posted December 3rd, 2007 in juries, law reports, verdicts by sally

 R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869

Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”

WLR Daily, 3rd 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 (Law Society) v Legal Services Commission; Dexter Montague and Partners (a Firm) v Same – Times Law Reports

Posted December 3rd, 2007 in competition, EC law, law reports, legal services by sally

Regina (Law Society) v Legal Services Commission

“The virtually unlimited unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”

The Times, 3rd 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. 

R (Law Society) v Legal Services Commission; Dexter Montague and Partners (a firm) v Same – WLR Daily

Posted November 30th, 2007 in competition, EC law, law reports, legal services by sally

R (Law Society) v Legal Services Commission; Dexter Montague and Partners (a firm) v Same [2007] EWCA Civ 1264 

The unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”

WLR Daily, 30th November 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.