Category: law reports

Regina (Teleos plc and Others) v Commissioners of Customs and Excise – Times Law Reports

Posted October 5th, 2007 in EC law, law reports, VAT by sally

VAT relief only if goods physically move out of member state

Regina (Teleos plc and Others) v Commissioners of Customs and Excise

“A supply of goods qualified as an intra-Community supply of goods that in principle was exempt from value-added tax only if the goods physically moved from the EC member state of dispatch to the destination state.”

The Times, 5th 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 5th, 2007 in law reports by sally

High Court (Administrative Court)

Abu Rideh v Secretary of State for the Home Department [2007] EWHC 2237 (Admin) (04 October 2007)

High Court (Chancery Division)

Hogg v Hogg & Anor [2007] EWHC 2240 (Ch) (04 October 2007)

Doughty Hanson & Co Ltd v Roe [2007] EWHC 2212 (Ch) (04 October 2007)

HM Revenue & Customs v Mills [2007] EWHC 2241 (Ch) (04 October 2007)

Siemens Schweiz AG v Thorn Security Ltd [2007] EWHC 2242 (Ch) (04 October 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 4th October 2007

Posted October 5th, 2007 in law reports by sally

Oysterfleet Hotel plc v. Secretary of State for Communities and Local Government

R (S) v. Kent CC

Curtis v. Revenue & Customs Commissioners

Middlesbrough BC v. Surtees & Others

Redcar & Cleveland BC v. Bainbridge & Others

Winchester CC v. Secretary of State for Communities and Local Government & Anr

Daily Telegraph, 4th October 2007

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.

Leman-Klammers v Klammers – Times Law Report

Posted October 4th, 2007 in appeals, divorce, France, jurisdiction, law reports by sally

Divorce pending appeal valid

Leman-Klammers v Klammers

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th 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.

Murray v Express Newspapers plc and Another – Times Law Reports

Posted October 4th, 2007 in law reports, media, privacy by sally

Celebrities enjoy no extra right to privacy

Murray v Express Newspapers plc and Another

“Where an individual was engaged in innocuous, routine activity in a public place, such as a street, that activity attracted no right or expectation of privacy and, accordingly, there was no prohibition on the taking or publishing of photographs of famous people engaged in such activity in a public place unless there were special circumstances such as harassment or distress caused to the individual.”

The Times, 4th 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.

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another – WLR Daily

Posted October 3rd, 2007 in human rights, law reports, privacy by sally

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another [2007] EWHC 1908 (Ch D)

“Routine activities conducted in a public place, such as walking down the street or visiting the shops, did not attract any reasonable expectation or guarantee of privacy so that an individual who had been photographed in a public place could not rely on the right to respect for his private and family life under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, absent some other special circumstance such as harassment or distress.”

WLR Daily, 7th August 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 (Teleos and others) v Customs and Excise Commissioners – WLR Daily

Posted October 2nd, 2007 in EC law, law reports, VAT by sally

R (Teleos and others) v Customs and Excise Commissioners

“There could only be an intra-Community acquisition and supply of goods if the goods actually left the territory of the Member State of supply, but where the goods were fraudulently retained in that State, the supplier could not be made liable for VAT if he was unaware of the fraud and had taken all reasonable steps to ensure that he was not participating in tax evasion.”

WLR Daily, 1st 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.

Regina (JL) (a Youth) v Secretary of State for the Home Department – Times Law Reports

Posted October 2nd, 2007 in human rights, law reports, suicide, young offenders by sally

State’s duty to investigate

Regina (JL) (a Youth) v. Secretary of State for the Home Department

Court of Appeal

“Where there was a near death or death in custody the state was obliged to investigate the facts and explain. It was not for the victim or family to establish some arguable case before that investigation took place.”

The Times, 2nd 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 Cole; Regina v Keets – Times Law Reports

Posted October 2nd, 2007 in hearsay evidence, law reports by sally

When hearsay evidence can be admitted

Regina v. Cole; Regina v. Keets

Court of Appeal (Criminal Division)

“The hearsay evidence of a witness who could not be cross-examined could be admitted in evidence, even where it was the sole or the decisive evidence against a defendant, if that was compatible with a fair trial.”

The Times, 2nd October 2007

Source: www.timesonline.co.uk

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

J.A. Pye (Oxford) Ltd v United Kingdom – Times Law Reports

Posted October 1st, 2007 in adverse possession, law reports by sally

Squatters’ rights to another’s land are not disproportionate

J.A. Pye (Oxford) Ltd v. United Kingdom

European Court of Human Rights

“Provisions of English law allowing squatters to obtain after 12 years of adverse possession the right to title of the land, without liability to compensation, was not an intrusion into the applicant companies’ rights to the ownership of their property.”

The Times, 1st 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 September 28th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Redcar & Cleveland Borough Council v Bainbridge & Ors [2007] EWCA Civ 910 (21 September 2007)

High Court (Administrative Court)

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Anor [2007] EWHC 2117 (Admin) (18 September 2007)

High Court (Chancery Division)

Ross River Ltd & Anor v Cambridge City Football Club Ltd [2007] EWHC 2115 (Ch) (19 September 2007)

High Court (Commercial Court)

Oliver and Anor v Dubai Bank Kenya Ltd [2007] EWHC 2165 (Comm) (24 September 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 27th September 2007

Posted September 27th, 2007 in law reports by sally

R (Hill) v. Home Secretary

R (D) v. Independent Education Appeal Panel of London Borough of Bromley & Anr

Burton v. Kingsbury

R (Jones) v. Legal Services Commission

Northumberland CC & Anr v. Thompson

South Cambridgeshire DC v. Secretary of State for Communities & Local Government & Anr

Daily Telegraph, 27th September 2007

Source: www.telegraph.co.uk

BAILII Recent Decisions

Posted September 14th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Gull v Gull [2007] EWCA Civ 900 (31 August 2007)

Man Nutzfahrzeuge Ag & Anor v Freightliner Ltd [2007] EWCA Civ 910 (12 September 2007)

Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)

High Court (Administrative Court)

Breckon v DPP [2007] EWHC 2013 (Admin) (22 August 2007)

Powell & Ors, R (on the application of) v  Secretary of State for Communities & Local Government & Anor [2007] EWHC 2051 (Admin) (22 August 2007)

Gale & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2007] EWHC 2053 (Admin) (23 August 2007)

Federation of Tour Operators & Ors, R (on the application of) v HM Revenue & Customs & Ors [2007] EWHC 2062 (Admin) (04 September 2007)

Brooke & Anor, R (on the application of) v The Parole Board & Anor [2007] EWHC 2036 (Admin) (07 September 2007)

Director of Public Prosecutions v Haw – Times Law Reports

Posted September 11th, 2007 in demonstrations, law reports, police by sally

Commissioner has power to delegate conditions

Director of Public Prosecutions v Haw

Queen’s Bench Divisional Court

“The Commissioner of Police of the Metropolis could delegate his statutory power to impose conditions on demonstrations in the vicinity of Parliament. ”

The Times, 11th September 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.

Leeds City Council v RG – Times Law Reports

Posted September 11th, 2007 in ASBOs, law reports by sally

Court can extend ASBO

Leeds City Council v RG

Queen’s Bench Divisional Court

“The duration of an antisocial behaviour order could be extended on an application to vary its terms.”

The Times, 11th September 2007

Source: www.timesonline.co.uk

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

Daily Telegraph Law Reports, 6th September 2007

Posted September 7th, 2007 in law reports by sally

Home Secretary v. AL

R (Otley) v. Barking & Dagenham NHS PCT

IDE v. ATB Sales Ltd.

Vance v. Taylor

Breckon v. DPP

Daily Telegraph, 6th September 2007

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are avialble online for one week only.

Regina v Montgomery – Times Law Report

Posted September 6th, 2007 in escape from custody, law reports, prisons by sally

Prisoner failing to return is not an escaper

Regina v Montgomery

Court of Appeal (Criminal Division)

“Where a prisoner who was on temporary release from prison failed to return to prison at the expiry of his release period, he could not be said to have escaped from custody and could not therefore be guilty of the common-law offence of escape from custody.”

The Times, 6th September 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 Ukpabio – Times Law Reports

Posted September 6th, 2007 in law reports, live link evidence by sally

Court has common-law power to let accused appear by video link

Regina v Ukpabio

Court of Appeal (Criminal Division)

“The court had no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that an accused could give evidence at his trial by live video link; however, in exceptional circumstances where it was appropriate for the defendant not to be present in court, it did have power to direct that he could participate in his trial by other means such as live video link.”

The Times, 6th September 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 Cottrell; Regina v Fletcher – Times Law Reports

Posted September 5th, 2007 in appeals, Criminal Cases Review Commission, law reports by sally

Change-of-law appeals should not be referred

Regina v Cottrell; Regina v Fletcher

Court of Appeal (Criminal Division)

“Where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law, the Criminal Cases Review Commission should not normally refer a conviction.”

The Times, 5th September 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 (A) v Secretary of State for the Home Department – Times Law Reports

Posted September 5th, 2007 in asylum, deportation, detention, law reports by sally

Continued detention of failed asylum-seeker is lawful

Regina (A) v Secretary of State for the Home Department

Court of Appeal

“The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful.”

The Times, 5th September 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.