Current Awareness

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 16th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th June 2008

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.

Gibson v Revenue and Customs Prosecution Office – WLR Daily

Posted June 16th, 2008 in confiscation, drug trafficking, law reports, married persons by sally

Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645; [2008] WLR (D) 189

“The wife of a convicted drug dealer was entitled to keep her interest in the matrimonial home despite a finding in confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The Drug Trafficking Act 1994 did not give the court power to bring her share of the equity in the matrimonial home within the confiscation order, since the assets were hers without any court order in her favour.”

WLR Daily, 12th June 2008

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.

Pietrzak v Regional Court in Wloclawek, Poland – WLR Daily

Posted June 16th, 2008 in extradition, law reports, warrants by sally

Pietrzak v Regional Court in Wloclawek, Poland; [2008] WLR (D) 190

“Art 8(1) of European Council Framework Decision of 13 June 2002 set out the contents necessary for a valid European arrest warrant: additional information specified in the form in the annex to the Framework Decision did not form part of the warrant for the purposes of validity.”

WLR Daily, 12th June 2008

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 (L) v Merton London Borough Council – WLR Daily

Posted June 16th, 2008 in children, disabled persons, law reports, residential care by sally

R (L) v Merton London Borough Council; [2008] WLR (D) 191

“The Arrangements for Placement of Children (General) Regulations 1991 (SI 1991/890), reg 13 did not impose a maximum of 120 days of respite care in a 12-month period, although Department of Health guidance (‘Respite care: series of short-term placements of children’ (LAC (95) 14) ) appeared to indicate otherwise.”

WLR Daily, 12th June 2008

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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 16th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192

“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”

WLR Daily, 12th June 2008

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.

‘Lord’ wins right to shipwrecks – at a price – The Times

Posted June 16th, 2008 in news, shipping law, wrecks by sally

“A businessman who bought two lordships for himself at auction has won the right to a half share of any wreck that washes up on a long stretch of the Pembrokeshire coastline. ”