Category: law reports
In re Times Newspapers Ltd and others [2007] EWCA Crim 1925 – WLR Daily
In re Times Newspapers Ltd and others [2007] EWCA Crim 1925
“A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”
WLR Daily, 30th July 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.
Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily
Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799
“The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”
WLR Daily, July 30th 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.
McLaughlin v Governor of the Cayman Islands [2007] UKPC 50 – WLR Daily
McLaughlin v Governor of the Cayman Islands [2007] UKPC 50
“When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”
WLR Daily, 30th July 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.
Society of Lloyd’s v Henderson and others – WLR Daily
“The Society of Lloyd’s was not a “public officer” for the purposes of the tort of misfeasance in public office.”
WLR Daily, 30th July 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.
Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35 – WLR Daily
Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35
“A husband who provided his services to the market via a private company which his wife co-owned, thus distributing his earned income between them both via dividend, was not liable to tax on the income transferred to the wife, pursuant to section 660A of the Income and Corporation Taxes Act 1988, provided the wife’s shares in the company were ordinary shares which carried a right to more than just income.”
WLR Daily, 30th July 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.
In re Times Newspapers Ltd and Others – Times Law Reports
Contempt warning about speculation in press
In re Times Newspapers Ltd and Others
Court of Appeal
“A judge in a criminal trial could prohibit the publication of a question-and answer-exchange that took place in open court when it should have occurred in camera. The publication of speculation as to the content of evidence that was given in camera could amount to a contempt of court.”
The Times, 31st July 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.
Shirley and Others v. Crabtree – Times Law Reports
Livelihood condition for succeeding tenant
Queen’s Bench Division
“On an application by a nominated successor for a direction that she became the tenant of an agricultural holding, she did not have to satisfy the livelihood condition by reference to five of the seven years ending with the date of the tribunal hearing as well as by reference to the date of the retirement notice.”
The Times, 30th July 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.
Steadman-Byrne v. Amjad and Others – Times Law Reports
Challenge to bias must be made immediately
Steadman-Byrne v Amjad and Others
Court of Appeal
“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”
The Times, 30th July 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 (Horvath) v. Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports
Disparity reference to ECJ
Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs
Court of Appeal
“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”
The Times, 30th July 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.
Trustee Solutions Ltd. and others v. Dubery and another – WLR Daily
Trustee Solutions Ltd. and others v. Dubery and another [2007] EWCA 771
“On a true construction of s73(3)(b) of the 1995 Act the members of a pension scheme who had the right to retire at 60 in respect of any part of their service, and who were aged between 60 and 64 on the date that the scheme commenced winding up, fell within the provision; but not in respect of pension or other benefits accrued by service to which a normal retirement date at the age of 65 applied.”
WLR Daily, 26th July 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.
Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. – WLR Daily
“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”
WLR Daily, 26th July 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 (El-Kurd) v. Sakavickas and another – WLR Daily
R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888
“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”
WLR Daily, 26th July 2007
Source: www.lawreports.co.uk
Please note once a case has bee fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re W (Children) (Permission to appeal) – WLR Daily
In re W (Children) (Permission to appeal)
“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”
WLR Daily, 26th July 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.
Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties – Times Law Reports
No sick pay for short-term agency worker
Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties
“An agency worker who had entered into a contract of service for a period of less than three months was not entitled to statutory sick pay.”
The Times, 27th July 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.
McLaughlin v. Governor of the Cayman Islands – Times Law Reports
Void dismissal entitles officeholder to full salary and pension rights
McLaughlin v. Governor of the Cayman Islands
“Where a court of competent jurisdiction had held that a decision to dismiss a public office holder was void, the officeholder remained entitled to his full salary and pension rights until such time as his tenure of office was lawfully ended.”
The Times, 27th July 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 (Madan) v. Secretary of State for the Home Department – WLR Daily
“The Court of Appeal emphasised the importance of making prompt applications for judicial review against deportation decisions and stated the principles to be followed in future cases.”
WLR Daily, 25th July 2007
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (F (Mongolia)) v. Secretary of State for the Home Department – WLR Daily
R (F (Mongolia)) v. Secretary of State for the Home Department [2007] EWCA Civ 769
“Judicial review remained unavailable in respect of the refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision.”
WLR Daily, 25th July 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.
Lewisham London Borough Council v. Malcolm (Disability Rights Commission intervening) – WLR Daily
“A landlord, in bringing proceedings for possession against a tenant who had unlawfully sublet his premises, unlawfully discriminated against the tenant since the tenant had a mental impairment which had a ‘substantial effect on his ability to carry out normal day-to-day activities’ so that he was disabled for the purposes of s 1(1) of the Disability Discrimination Act 1995.”
WLR Daily, 25th July 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.
In re Leeds United Association Football Club Ltd. – WLR Daily
In re Leeds United Association Football Club Ltd. [2007] EWHC 1761 (Ch)
“Damages for wrongful dismissal were not payable in priority to other expenses pursuant to para 99(4) to (6) of Sch B1 to the Insolvency Act 1986.”
WLR Daily, 25th July 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.
