House of Lords Judgments: What’s new?
Source: www.parliament.uk
Category: law reports
Aldi Stores Ltd v WSP Group plc and Others – Times Law Reports
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
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
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
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
“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
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chandler v Secretary of State for Work and Pensions and Another – WLR Daily
Chandler v Secretary of State for Work and Pensions and Another [2007] EWCA Civ 1211
“Regular payments to an absent parent which came purely out of capital were not income for the purposes of calculating liability for child maintenance. They were not “any other payments or other amounts received on a periodical basis …” for the purposes of para 15 of Sch 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.”
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.
BAILII: Recent Decisions
High Court (Commercial Court)
HLB Kidsons (a firm) v Lloyds Underwriters (Policy No 621/PKID00101) & Ors
Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer International Asia Pte Ltd
High Court (Patents Court)
Anning, Re Decision of Comptroller-General of Patents
High Court (Queen’s Bench Division)
Duarte v The Black and Decker Corporation & Anor
Prince Radu of Hohenzollern v Houston & Anor
Jain and Another v Trent Strategic Health Authority – Times Law Reports
Jain and Another v Trent Strategic Health Authority
Court of Appeal
“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”
The Times, 30th November 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
Kensington International Ltd v Republic of Congo and Others – Times Law Reports
Kensington International Ltd v Republic of Congo and Others
Court of Appeal
“The defence of self-incrimination was not available against an order requiring disclosure of documents concerning alleged payment of bribes.”
The Times, 30th November 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 Winter – WLR Daily
“Where a person solicited another to commit murder as a secondary, as opposed to principal, party, he was guilty of an offence of soliciting another to murder, contrary to s 4 of the Offences Against the Person Act 1861.”
WLR Daily, 29th 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.
Aldi Stores Ltd v WSP Group plc and others – WLR Daily
Aldi Stores Ltd v WSP Group plc and others [2007] EWCA Civ 1260
“Where a party in complex commercial multi-party litigation wished to pursue other proceedings whilst reserving a right in existing proceedings, that issue should be raised with the court so that the court could express its view as part of the case management as to the proper use of its resources and the efficient and economic conduct of the litigation.”
WLR Daily, 29th 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Contex Drouzhba Lrtd v Wiseman & Anor
Regent Security Services Ltd v Power
Cawsand Fort Management Company Ltd v Stafford & Ors
M, R v Sutton London Borough Council
Hoddinott & Ors v Persimmon Homes (Wessex) Ltd
Able (UK) Ltd. v Revenue & Customs
Jain & Anor v Trent Strategic Health Authority
AIG Europe (Ireland) Ltd v Faraday Capital Ltd
Rolls Royce Industrial Power (India) Ltd v Cox
C (A child) v XYZ County Council & Anor
EE & Brian Smith (1928) Ltd v Hodson & Ors
Fairfax Gerrard Holdings Ltd & Ors v Capital Bank Plc
Centrica Plc & Anor v Premier Power Ltd
Aldi Stores Ltd v WSP Group Plc & Ors
Court of Appeal (Criminal Division)
High Court (Administrative Court)
Slee v Secretary of State for Justice
Hasan v Secretary of State for Tarde & Industry
Paul & Anor v Assistant Deputy Coroner of Inner West London
Centro v Secretary of State for Transport & Anor
Krzyzowski v Circuit Court In Gliwice, Poland
Winchester College, Warden & Fellows Of & Anor v Food & Rural Affairs
Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same – Times Law Reports
House of Lords
“The prohibition of hunting wild animals with dogs and hare coursing imposed by the Hunting Act 2004 was not incompatible with the European Convention on Human Rights or inconsistent with the treaty establishing the European Union.”
The Times, 29th November 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
Gault v United Kingdom (Application No 127/05) – Times Law Reports
Gault v United Kingdom (Application No 127/05)
European Court of Human Rights
“The Court of Appeal of Northern Ireland was in breach of the European Convention of Human Rights in refusing bail, when the prosecution did not object, to a mother of triplets pending retrial on a charge of murder.”
The Times, 28th November 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
Redcar and Cleveland Borough Council v Bainbridge and Others – Times Law Reports
Redcar and Cleveland Borough Council v Bainbridge and Others
Court of Appeal
“A woman, who could clearly base an equal pay claim with a man in the same grade, under section 1(2)(b) of the Equal Pay Act 1970, where their two jobs were rated as equivalent following a job evaluation study, could also base such a claim on comparison with a man placed in a lower grade by such a study but who in fact received more pay than her.”
The Times, 28th November 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
Raglan Housing Association Ltd v Fairclough – Times Law Reports
Raglan Housing Association Ltd v Fairclough
Court of Appeal
“A landlord could rely upon the commission of an indictable offence before a person took up a tenancy to obtain possession of the demised property under ground 14 of Schedule 2 to the Housing Act 1988, as amended by section 14 of the Housing Act 1996.”
The Times, 28th November 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
Mastercigars Direct Ltd v Withers LLP – WLR Daily
Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch)
“A solicitors’ costs estimate was relevant on a detailed assessment of costs as a useful yardstick, by which the reasonableness of costs could be measured, and on the issue of reliance by a client on that estimate. It was not correct that unless a client was notified of the further sums payable, preferably before they were incurred, the solicitor would be unable to recover costs in excess of the estimated amount.”
WLR Daily, 26th 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.
Watt (formerly Carter) and Others v Ahsan – Times Law Reports
Watt (formerly Carter) and Others v Ahsan
House of Lords
“An unsuccessful applicant for selection as a Labour Party candidate in local elections who alleged that the failure to select him had been motivated by racial discrimination should have brought his claim against the party under section 25 of the Race Relations Act 1976 in county court proceedings, but since an employment tribunal ruled that it had jurisdiction to hear the complaint under section 12 of that Act, the party could not claim that the tribunal did not have jurisdiction. ”
The Times, 27th November 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 C (A Child)(Adoption: Local Authority’s Duty) – WLR Daily
In re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206
“S 1 of the Adoption and Children Act 2002 did not impose a duty on the local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care in circumstances where the child had been conceived as a result of a fleeting relationship and the mother wished to place the child for adoption.”
WLR Daily, 26th 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.
