law reports – Page 355 – Current Awareness

“A refusal by a trial judge to order an adjournment before trial, or indeed at any time before the start of the summing-up, was a case management decision which could constitute a terminating ruling against which a prosecutor could appeal.”

The Times, 29th October 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.

Austin and Another v Commissioner of Police of the Metropolis – Times Law Reports

Posted October 30th, 2007 in demonstrations, law reports, police, public order by sally

Police had good defence to unlawful detention claim

Austin and Another v Commissioner of Police of the Metropolis

Court of Appeal

“It was lawful only in extreme and exceptional circumstances for the police to contain demonstrators and members of the public caught up in that demonstration who themselves did not appear to be about to commit a breach of the peace. Containment was lawful only where it was necessary to prevent others from committing an imminent breach of the peace and there was no other way to achieve that.”

The Times, 29th October 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.

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another – Times Law Reports

Posted October 30th, 2007 in law reports, patents, time limits by sally

Patent amendment is not making a different claim

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another

House of Lords

“When a reference was made under section 37(1)(a) of the Patents Act 1977 for joint ownership of a patent and the Comptroller-General of Patents, Designs and Trademarks was seised of the matter, an amendment to claim sole ownership of the patent did not amount to the making of a new or different claim.”

The Times, 30th October 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.

United Utilities Water plc v Environment Agency for England and Wales – Times Law Reports

Posted October 26th, 2007 in environmental protection, law reports, waste by sally

Permit required for intermediate treatment

United Utilities Water plc v Environment Agency for England and Wales

House of Lords

“The requirement for a permit in order to operate waste water plants, where the treatment resulted in nonhazardous waste being discarded, applied to installations where intermediate treatment took place prior to transportation to another site for final treatment and disposal.”

The Times, 26th October 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 Chal – Times Law Reports

Posted October 26th, 2007 in hearsay evidence, law reports by sally

Hearsay evidence admissible in hearing whether unfit accused did act

Regina v Chal

Court of Appeal (Criminal Division)

“The provisions concerning admissibility of hearsay evidence in a criminal trial applied to proceedings to determine whether a person under a disability did the act or made the omission in the offence with which he was charged.”

The Times, 26th October 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.

BAILII: Recent Decisions

Posted October 26th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Neil Martin Ltd v HM Revenue & Customs [2007] EWCA Civ 1041 (25 October 2007)

Cadogan & Anor v Sportelli & Anor [2007] EWCA Civ 1042 (25 October 2007)

Boudh v Bodh [2007] EWCA Civ 1019 (25 October 2007)

AA (Somalia) v SSHD [2007] EWCA Civ 1040 (25 October 2007)

Kohn v Wagschal & Ors [2007] EWCA Civ 1022 (24 October 2007)

Poole & Ors v HM Treasury [2007] EWCA Civ 1021 (24 October 2007)

Wright & Ors, R (on the application of) v Secretary of State for Health & Anor [2007] EWCA Civ 999 (24 October 2007)

Grundy v British Airways Plc [2007] EWCA Civ 1020 (23 October 2007)

Evans v Kosmar Villa Holidays Plc [2007] EWCA Civ 1003 (23 October 2007)

Aspinall’s Club Ltd v Al-Zayat [2007] EWCA Civ 1001 (19 October 2007)

The New Testament Church of God v Rev Stewart [2007] EWCA Civ 1004 (19 October 2007)

Vector Corporation v Glatt Air Techniques Inc [2007] EWCA Civ 805 (19 October 2007)

Novartis (AG) v Ivax Pharmaceuticals UK Ltd [2007] EWCA Civ 971 (18 October 2007)

Egan v Motor Services (Bath) Ltd [2007] EWCA Civ 1002 (18 October 2007)

HM Revenue & Customs v Total UK Ltd [2007] EWCA Civ 987 (18 October 2007)

Bandwidth Shipping Corporation v Intaari [2007] EWCA Civ 998 (17 October 2007)

Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000 (17 October 2007)

Gater Assets Ltd v Nak Naftogaz Ukrainiy [2007] EWCA Civ 988 (17 October 2007)

Court of Appeal (Criminal Division)

P, R v [2007] EWCA Crim 2290 (22 October 2007)

Ulcay, R v [2007] EWCA Crim 2379 (19 October 2007)

High Court (Administrative Court)

Moody v General Osteopathic Council [2007] EWHC 2465 (Admin) (25 October 2007)

Source: www.bailii.org

Way v Poole Borough Council and Another – Times Law Reports

Posted October 25th, 2007 in judgments, law reports, special educational needs, tribunals by sally

Fresh hearing not required

Way v Poole Borough Council and Another

Court of Appeal

“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”

The Times, 25th October 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.

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th October 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.

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) – WLR Daily

Posted October 25th, 2007 in law reports, patents, time limits by sally

Rhone-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd (Comptroller General of Patents, Designs and Trademarks intervening) [2007] UKHL 43

“When a reference pursuant to s 37(1)(a) of the Patents Act 1977 for joint ownership of a patent had been made and the Comptroller of Patents Designs and Trademarks was seised of the matter, an amendment so as to claim sole ownership of the patent did not amount to the making of a new or different claim which was outside the limitation period.”

WLR Daily, 24th October 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.

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 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.

Daily Telegraph Law Reports, 25th October 2007

Posted October 25th, 2007 in law reports by sally

R v. Abdroikov & Other

Dimmock v. Secretary of State for Children, Schools & Families

Johnston v. NEI International Combustion Ltd.; Rothwell v. Chemical & Insulating Co. Ltd. & Others; Topping v. Benchtown Ltd.; Grieves v. FT Everard & Others

R v. Kennedy

R v. MacFarlane

United Utilities Water Plc v. Environment Agency for England & Wales

Daily Telegraph, 25th October 2007

Source: www.telegraph.co.uk

Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another – Times Law Reports

Posted October 24th, 2007 in industrial injuries, law reports, negligence by sally

Pleural plaques provide no cause of action

Rothwell v Chemical and Insulating Co Ltd and Another; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd); Johnston v NEI International Combustion Ltd; Grieves v F. T. Everard and Sons Ltd and Another

House of Lords

“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment could not sue his employers for negligence.”

The Times, 24th October 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.

House of Lords Judgments: What’s new?

Posted October 24th, 2007 in law reports by sally

Yeda Research and Development Company Limited (Appellants) v.Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) [2007] UKHL 43 (24 October 2007)

Somerville (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Blanco (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Henderson (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)Ralston (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland)(Consolidated Appeals) [2007] UKHL 44 (24 October 2007)

Source: www.parliament.uk

Southwark London Borough Council v Onayomake – WLR Daily

Posted October 23rd, 2007 in civil procedure rules, landlord & tenant, law reports, negligence, solicitors by sally

Southwark London Borough Council v Onayomake

“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”

WLR Daily, 22nd October 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.

Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports

Posted October 23rd, 2007 in age discrimination, EC law, law reports, retirement by sally

National employment policy justifies age bias

Palacios de la Villa v Cortefiel Servicios SA Case C-411/05

“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”

The Times, 23rd October 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.

New Testament Church of God v Stewart – WLR Daily

Posted October 22nd, 2007 in clergy, employment, law reports by sally

New Testament Church of God v Stewart

“An employment tribunal was not required to approach its consideration of the nature of the relationship between a minister and his church with the presumption that there was no intention to create legal relations.”

WLR Daily, 22nd October 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 Massey – WLR Daily

Posted October 22nd, 2007 in law reports, prostitution by sally

R v Massey

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

WLR Daily, 22nd October 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.

Kommunikationsbehörde Austria v Österreichischer Rundfunk (Case C-195/06) – WLR Daily

Posted October 22nd, 2007 in advertising, law reports, media, telecommunications by sally

Kommunikationsbehörde Austria v Österreichischer Rundfunk

“The offer by a TV broadcaster to viewers to participate in a prize game by immediately dialling a premium rate telephone could constitute ‘teleshopping’ and ‘television advertising’ within Directive 89/552.”

WLR Daily, 22nd October 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.

Day v Haine and another – WLR Daily

Posted October 22nd, 2007 in debts, insolvency, law reports, trade unions by sally

Day v Haine and another

“Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”

WLR Daily, 22nd October 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.