Category: law reports

Adelson and Another v. Associated Newspapers Ltd. – Times Law Reports

Posted July 18th, 2007 in law reports, limitations, substitution by sally

Addition of parties is not same as substitution

Adelson and Another v. Associated Newspapers Ltd.

Court of Appeal

“An order would be made substituting a party to an action after the expiry of the limitation period on the ground that there had been a mistake in relation to the name of a party only if the person who had made the mistake was the person responsible for the issue of the claim form and, had the mistake not been made, the new party would have been named in the pleading.”

The Times, 18th 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. Wallace – WLR Daily

Posted July 18th, 2007 in bad character, law reports by sally

R v. Wallace 

“Where the case against a defendant on one count relied on circumstantial evidence relating to other counts charged in the same proceedings, that evidence fell within the definition of bad character in s 98 of the Criminal Justice Act 2003 and was therefore only admissible pursuant to the bad character provisions under that Act.”

WLR Daily, 16th 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.

House of Lords Judgments: What’s new?

Posted July 18th, 2007 in law reports by sally

Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty’s Commissioners of Inland Revenue and another (Appellants) [2007] UKHL 34

Source: www.parliament.uk

BAILII: Recent Decisions

Posted July 17th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Samengo-Turner & Ors v J & H Marsh & McLennan (Services) Ltd & Ors [2007] EWCA Civ 723 (12 July 2007)

HIH Casualty & General Insurance Ltd v JLT Risk Solutions Ltd [2007] EWCA Civ 710 (12 July 2007)

Roberts & Anor v Gable & Ors [2007] EWCA Civ 721 (12 July 2007)

Veitch & Anor v Avery [2007] EWCA Civ 711 (12 July 2007)

Court of Appeal (Criminal Division)

Kulah, R. v [2007] EWCA Crim 1701 (13 July 2007)

Pintori, R. v [2007] EWCA Crim 1700 (13 July 2007)

High Court (Administrative Court)

SH, R (on the application of) v London Borough of Camden & Ors [2007] EWHC 1697 (Admin) (13 July 2007)

High Court (Chancery Division)

RHJ Ltd. v FT Patten (Holdings) Ltd & Anor [2007] EWHC 1655 (Ch) (13 July 2007)

Revenue and Customs v Household Estate Agents Ltd [2007] EWHC 1684 (Ch) (12 July 2007)

High Court (Commercial Court)

Huntington v Imagine Group Holdings Ltd & Anor [2007] EWHC 1603 (Comm) (13 July 2007)

High Court (Queen’s Bench Division)

A & Ors v Essex County Council & Ors [2007] EWHC 1652 (QB) (13 July 2007)

Awoyomi v Radford & Anor [2007] EWHC 1671 (QB) (12 July 2007)

Caldarelli v The Court of Naples [2007] EWHC 1624 (QB) (12 July 2007)

Source: www.bailii.org

Regina (Tree and Wildlife Action Committee Ltd.) v. Forestry Commissioners and Another – Times Law Reports

Posted July 17th, 2007 in environmental protection, forestry, law reports by sally

Impact of development

Regina (Tree and Wildlife Action Committee Ltd.) v. Forestry Commissioners and Another

Queen’s Bench Division

“When deciding whether an environmental impact assessment was required in relation to a proposed development involving deforestation, the Forestry Commissioners should have considered the effect of the development as well as the effect of the deforestation.”

The Times, 17th 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.

Aziz v. Aziz and Others, Sultan of Brunei intervening – Times Law Reports

Posted July 17th, 2007 in anonymity, law reports by sally

Sultan has no special claim to anonymity

Aziz v. Aziz and Others, Sultan of Brunei intervening

Court of Appeal 

“The head of a foreign state had no right to anonymity in judgments in court proceedings brought by his former wife against certain defendants.”

The Times, 17th 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.

Caldarelli v. Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Posted July 17th, 2007 in extradition, law reports by sally

Caldarelli v. Judge for Preliminary Investigations of the Court of Naples, Italy [2007] EWHC 1624 

“The amendments to s 2(5)(a) of the Extradition Act 2003 inserted by s 42 and para 1(1), Pt 1 of Sch 13 of the Police and Justice Act 2006 substituting the words “has been convicted” for ‘is alleged to be unlawfully at large’ went only to the content of the European arrest warrant: whereas for the exercise of the power to extradite it remained necessary to show either an ‘accusation’ case or an ‘unlawfully at large’ case.”

WLR Daily, 16th 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.

Luxim Corpn. v. Ceravision Ltd. – WLR Daily

Posted July 16th, 2007 in law reports by sally

Luxim Corpn. v. Ceravision Ltd. [2007] EWHC 1624 (Ch.) 

“The discretion given to the Comptroller General under s 12(2) of the Patents Act 1977 to decline to deal with entitlement proceedings because the question referred to him involved matters which would more properly be determined by the court was not restricted to highly complex cases.”

WLR Daily, 9th 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.

Awoyomi v. Radford and another – WLR Daily

Posted July 16th, 2007 in barristers, law reports, negligence by sally

Awoyomi v. Radford and another [2007] EWHC 1671 

“The effect of the decision of the House of Lords in Arthur JS Hall & Co v Simons [2002] 1 AC 615 was that advocates had ceased to enjoy immunity from suit by 1991. The cause of action in respect of alleged negligence in 1995 had therefore accrued at that time and not at the date of the decision.”

WLR Daily, 12th 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.

Samengo-Turner and others v. J & H Marsh & McLennan (Services) Ltd. and others – WLR Daily

Posted July 16th, 2007 in injunctions, jurisdiction, law reports by sally

Samengo-Turner and others v. J & H March & McLennan (Services) Ltd. and others [2007] EWCA Civ 723 

“Where parallel employment-related proceedings were taking place in New York and London it was open to the court, in an appropriate case and where the terms of s 5 of Council Regulation 44/2001 were satisfied, to grant an anti-suit injunction restraining the New York proceedings.”

WLR Daily, 12th 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 v. P Ltd. and another – WLR Daily

Posted July 16th, 2007 in health & safety, law reports by sally

R v. P Ltd. and another 

“An offence committed by a body corporate under the Health and Safety at Work etc Act 1974 was attributable to neglect by an officer of that body (or person acting in such a capacity), thereby amounting to an offence by that officer under s 37(1) of the 1974 Act, if the officer either knew of the relevant facts giving rise to the health and safety offence or, if he did not know, should by reason of the circumstances have been put on inquiry as to whether the relevant safety procedures were in place.”

WLR Daily, 11th 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 sumamry is removed.

House of Lords Judgments: What’s new?

Posted July 16th, 2007 in law reports by sally

Hamilton and others (Appellants) v. Allied Domecq Plc (Respondents) (Scotland) [2007] UKHL 33

Source: www.parliament.uk

In re Eurocruit Europe Ltd. (in liquidation) – Times Law Reports

Posted July 16th, 2007 in insolvency, law reports, limitations by sally

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

Posted July 16th, 2007 in jurisdiction, law reports, sentencing by sally

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

Posted July 13th, 2007 in landlord & tenant, law reports, rent by sally

Agreement contained a rent review clause

Contour Homes Ltd v.  Rowen

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

Posted July 13th, 2007 in human rights, law reports, road traffic offences by sally

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

Posted July 12th, 2007 in contempt of court, law reports by sally

No contempt in publishing hearing in private

A.F. Noonan (Architectural Practice) Ltd v. Bournemouth and Biscombe Athletic Community Football Club Ltd 

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

Posted July 11th, 2007 in law reports by michael

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)

MM, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 687 (06 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)

A, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 655 (04 July 2007)

Denton v London Borough Southwark [2007] EWCA Civ 623 (04 July 2007)

Banco Nacional De Comercio Exterior SNC v Empresa De Telecommunicaciones De Cuba SA & Anor [2007] EWCA Civ 662 (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

Posted July 11th, 2007 in law reports, limitations, substitution by michael

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

Posted July 11th, 2007 in housing, law reports by sally

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