Category: law reports
In re Eurocruit Europe Ltd. (in liquidation) – Times Law Reports
Times ran out for liquidator
In re Eurocruit Europe Ltd. (in liquidation)
Chancery Division
“The limitation period of a claim brought by a liquidator under section 212 of the Insolvency Act 1986 was the same as that applicable to the underlying claim.”
The Times, 16th 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 (Crown Prosecution Service) v. Guildford Crown Court – Times Law Reports
Divisional Court cannot correct crown court judge
Regina (Crown Prosecution Service) v. Guildford Crown Court
Queen’s Bench Divisional Court
“The High Court did not have power to quash an unlawful sentence imposed by a crown court judge.”
The Times, 16th 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.
Contour Homes Ltd v Rowen – Times Law Reports
Agreement contained a rent review clause
Court of Appeal
“Where an assured tenancy agreement contained a clause providing the machinery for the increase of the rent, the landlord was not required to comply with the rent review procedure set out by section 13 of the Housing Act 1988.”
The Times, 13th July 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online 21 days from the date of publication
O’Halloran v United Kingdon: Francis v United Kingdom – Times Law Reports
Compulsion to identify driver does not prejudice right to fair trial
O’Halloran v. United Kingdom; Francis v. United Kingdom
European Court of Human Rights
“Registered keepers of motor vehicles could lawfully be compelled to tell the police who was driving it on a particular occasion.”
The Times, 13th 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
A.F. Noonan (Architectural Practice) Ltd v Bournemouth and Boscombe Athletic Community Football Club – Times Law Reports
No contempt in publishing hearing in private
Court of Appeal
“It was not a contempt of court to publish information relating to proceedings sitting in private unless that information fell within one of the statutory-specific categories.”
The Times, 11th July 2007
Source: www.timesonline.co.uk
Please note: the Times Law Reports are only available free on Times Online 21 days from the date of publication
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Aziz v Aziz & Ors Rev 1 [2007] EWCA Civ 712 (11 July 2007)
Masri v Consolidated Contractors International Company SAL & Anor [2007] EWCA Civ 688 (11 July 2007)
Adelson & Anor v Associated Newspapers Ltd. [2007] EWCA Civ 701 (09 July 2007)
Togher v Revenue and Customs Prosecutions Office & Anor [2007] EWCA Civ 686 (05 July 2007)
Boehringer Ingelheim & Ors v Vetplus Ltd [2007] EWCA Civ 661 (05 July 2007)
Scottish & Newcastle Plc v Lancashire Mortgage Corporation Ltd [2007] EWCA Civ 684 (05 July 2007)
Abdirahman v Secretary of State for Work and Pensions [2007] EWCA Civ 657 (05 July 2007)
Ellis v Bristol City Council [2007] EWCA Civ 685 (05 July 2007)
David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)
MccArthy v Mccarthy & Stone Plc [2007] EWCA Civ 664 (04 July 2007)
Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007)
Denton v London Borough Southwark [2007] EWCA Civ 623 (04 July 2007)
Ecuador v Occidental Exploration & Production Co [2007] EWCA Civ 656 (04 July 2007)
Howell & Ors v Lees Millais & Ors [2007] EWCA Civ B1 (04 July 2007)
SWI Ltd v P & I Data Services Ltd [2007] EWCA Civ 663 (04 July 2007)
Graves v Graves & Ors [2007] EWCA Civ 660 (03 July 2007)
Court of Appeal (Criminal Division)
Campbell v R [2007] EWCA Crim 1472 (26 June 2007)
Coates, R v Rev 1 [2007] EWCA Crim 1471 (22 June 2007)
Johnson v R. [2007] EWCA Crim 1651 (11 July 2007)
Kepple, R. v [2007] EWCA Crim 1339 (13 June 2007)
Legrys, R v Malcolm [2007] EWCA Crim 1605 (03 July 2007)
Makai v R. [2007] EWCA Crim 1652 (11 July 2007)
Wood, R. v [2007] EWCA Crim 1556 (04 July 2007)
Z v R [2007] EWCA Crim 1473 (26 June 2007)
Source: www.bailii.org
Adelson and another v Associated Newspapers Ltd – WLR Daily
Adelson and another v Associated Newspapers Ltd [2007] EWCA (Civ) 701
“A court would only grant an order substituting a party to an action after the expiry of the limitation period, pursuant to CPR r 19.5, on the ground that there had been a mistake in relation to the name of a party, if it was shown that the person who had made the mistake was the person responsible for the issue of the claim form and that, had the mistake not been made, the new party would have been named in the pleading.”
WLR Daily, 11th July 2007
Source: www.lawreports.co.uk
R (Abdi) v Lambeth London Borough Council – Times Law Reports
Official can decide twice
R (Abdi) v. Lambeth London Borough Council
Queen’s Bench Division
“A local authority housing officer who had refused a homeless person’s application for housing could also decide her application for temporary accommodation pending appeal.”
The Times, 11th July 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from date of publication
Beckett Investment Management Group Ltd v Hall – Times Law Reports
Court takes realist view of corporate personality
Beckett Investment Management Group Ltd v Hall
Court of Appeal
“In construing a covenant in restraint of trade between a holding company and its employees, who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a purist approach to corporate personality in favour of one which had regard to the realities of big business, taking the group as being one concern under one supreme control.”
The Times, 11th 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
Leeds City Council v RG – WLR Daily
“An anti-social behaviour order made under s. 1(1) of the Crime and Disorder Act 1998 could be extended on an application to vary its terms”
WLR Daily, 10th 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.
Lonsdale (t/a Londsdale Agencies) v Howard and Hallam Ltd – Times Law Reports
Decline in shoe business justifies agent’s award
Lonsdale (t/a Lonsdale Agencies) v. Howard and Hallam Ltd
House of Lords
“Where a principal’s business had been in decline, the judge’s statutory award of £5,000 rather than commission for two years sought by the agent had been adequate.”
The Times, 10th 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 v Harries – Times Law Reports
Care needed in drafting
Court of Appeal (Criminal Division)
“Where an offence was committed over two or more days which straddled the coming into force of the dangerous offender provisions, a term of imprisonment for public protection should not be imposed where it was not clear when the offence was actually committed.”
The Times, 9th 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 (Niazi) v Secretary of State for the Home Department – Times Law Reports
Compensation scheme withdrawal is lawful
R (Niazi) v. Secretary of State for the Home Department
Queen’s Bench Division
“The withdrawal, without notice or consultation, of the ex gratia scheme for compensation for miscarriages of justice was not unlawful.”
The Times, 9th 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
Ellis v Bristol City Council – WLR Daily
Ellis v Bristol City Council [2007] EWCA Civ 685
“The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”
WLR Daily, 6th 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.
Abdirahman v. Secretary of State for Work and Pensions – WLR Daily
“When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”
WLR Daily, 6th 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 (OSS Group Ltd) v Environment Agency – Times Law Reports
Waste Directive does not cover old lubricating oil used as fuel
R (OSS Group Ltd) v. Environment Agency
Court of Appeal
“Lubricating oil collected after use and processed into fuel oil for burning could cease to be waste before it was burnt.”
The Times, 6th 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 (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports
No duty of care owed over child support
R (Rowley and others) v. Secretary of State for Work and Pensions
Court of Appeal
“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”
The Times, 6th 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
Shala v Birmingham City Council – Times Law Reports
Councils must not shelter behind doctors
Shala v. Birmingham City Council
Court of Appeal
“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”
The Times, 6th 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
