Category: law reports

Hutchison 3G UK Ltd. and Others v. Commissioners of Revenue and Customs – Times Law Reports

Posted July 3rd, 2007 in law reports, VAT by sally

Licence auction not in VAT system

Hutchison 3G UK Ltd and Others v Commissioners of Revenue and Customs Case C-369/04

Court of Justice of the European Communities

“The public auction by a government agency of third-generation universal mobile telecommunications system licences was not an economic activity and therefore did not come within the value-added tax system.”

The Times, 3rd 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.

Beckett Investment Management Group Ltd. and others v. Hall and others – WLR Daily

Posted July 3rd, 2007 in law reports, restraint of trade by sally

Beckett Investment Management Group Ltd. and others v. Hall and others [2007] EWCA Civ 613

“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.”

WLR Daily, 28th June 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.

BAILII: Recent Decisions

Posted July 2nd, 2007 in law reports by michael

Court of Appeal (Civil Division)

Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)

Beckett Investment Management Group Ltd & Ors v Hall & Ors [2007] EWCA Civ 613 (28 June 2007)

Hall & Anor v The First Secretary of State [2007] EWCA Civ 612 (28 June 2007)

Secretary of State for Trade and Industry v Mackie [2007] EWCA Civ 642 (28 June 2007)

South Tyneside Metropolitan Borough Council v Anderson & Ors [2007] EWCA Civ 654 (28 June 2007)

OSS Group Ltd, R (on the application of) v Environment Agency & Ors [2007] EWCA Civ 611 (28 June 2007)

White v Greensand Homes Ltd & Anor [2007] EWCA Civ 643 (28 June 2007)

RJM, R (on the application of) v Secretary of State for Work and Pensions [2007] EWCA Civ 614 (28 June 2007)

Horvath, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2007] EWCA Civ 620 (28 June 2007)

RAP v Serial No. 52/2006 & Ors [2007] EWCA Civ 616 (27 June 2007)

Murphy v Gooch [2007] EWCA Civ 603 (27 June 2007)

Gilby v City of Westminster [2007] EWCA Civ 604 (27 June 2007)

Steadman-Byrne v Amjad & Ors [2007] EWCA Civ 625 (27 June 2007)

Revenue and Customs v Thorn Baker Ltd & Ors [2007] EWCA Civ 626 (27 June 2007)

Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622 (27 June 2007)

Shala & Anor v Birmingham City Council [2007] EWCA Civ 624 (27 June 2007)

ZK & Anor (Afghanistan), R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 615 (27 June 2007)

Bennett, R (on the application of) v HM Coroner for Inner South London & Ors [2007] EWCA Civ 617 (26 June 2007)

Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)

Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 (22 June 2007)

Source: www.bailii.org

In re S (Omission from judgment: Duty of counsel) – Times Law Reports

Posted July 2nd, 2007 in appeals, barristers, judgments, law reports by sally

Counsel’s duty on judge’s omissions

In re S (Omission from judgment: Duty of counsel)

Court of Appeal

“Counsel had a duty to point out to a judge any omissions in his judgment so that the matter could be dealt with there and then. It was not appropriate to rely on the alleged omission to seek leave to appeal.”

The Times, 2nd 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 v. Tirnaveanu – Times Law Reports

Posted July 2nd, 2007 in bad character, law reports by sally

Admitting previous misconduct

Regina v. Tirnaveanu

Court of Appeal (Criminal Division)

“Evidence of misconduct by a defendant was admissible at trial if it had some nexus with the offences charged.”

The Times, 2nd 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.

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) – Times Law Reports

Posted July 2nd, 2007 in EC law, law reports, legal profession, money laundering by sally

Obligation on lawyers to help combat money laundering

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) Case C-305/05

Court of Justice of the European Communities

“Advice and assistance given by lawyers in financial and real estate transactions that had no link with judicial proceedings were not exempt from the duty to cooperate in combating money laundering.”

The Times, 2nd 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 (RJM) v. Secretary of State for Work and Pensions – WLR Daily

Posted July 2nd, 2007 in homelessness, human rights, law reports, social security by sally

R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614 

“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th June 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.

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening – WLR Daily

Posted July 2nd, 2007 in EC law, law reports, waste by sally

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening [2007] EWCA Civ 611

“A lubricating oil which was collected after use and processed into fuel oil for burning, could as a matter of law cease to be waste before it was burnt as fuel for the purposes of Council Directive 2006/12/EC (‘the Waste Framework Directive’).”

WLR Daily, 28th June 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.

White v. Greensand Homes Ltd. and another – WLR Daily

Posted July 2nd, 2007 in civil procedure rules, law reports, pleadings by sally

White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643

“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”

WLR Daily, 28th June 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.

Midlands Co-operative Society Ltd v. Revenue and Customs Commissioners – Times Law Reports

Posted June 29th, 2007 in law reports, VAT by sally

Overpaid VAT claim passed on

Midlands Co-operative Society Ltd v Revenue and Customs Commissioners

Chancery Division

“A taxable person entitled to the benefit of an overpayment claim of value-added tax was entitled to pass the benefit of that claim to another.”

The Times, 29th June 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 (Legal Remedy UK Ltd) v. Secretary of State for Health and Others – Times Law Reports

Posted June 29th, 2007 in doctors, judicial review, law reports, recruitment by sally

Courts cannot judge specialist policy

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others

Queen’s Bench Division 

“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”

The Times, 29th June 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.

In re P (A Child)(Adoption proceedings) – Times Law Reports

Posted June 29th, 2007 in adoption, law reports by sally

Two-stage decision process for judges 

In re P (A Child) (Adoption proceedings)

Court of Appeal

“Judges hearing applications by parents for leave to defend adoption proceedings after a placement order had been made had to undertake a two-stage process: first, decide whether there had been sufficient change of circumstance; then consider what the welfare of the child required.”

The Times, 29th June 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.

Islington London Borough Council v. Honeygan-Green – Times Law Reports

Posted June 29th, 2007 in housing, law reports by sally

Status of tolerated trespasser

Islington London Borough Council v. Honeygan-Green

Queen’s Bench Division

“A council tenant could not exercise her right to buy her home if she fell into rent arrears before making the purchase but after the right had been granted. Even if the arrears were later paid off, she had to make a fresh application.”

The Times, 29th June 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. Campbell – WLR Daily

Posted June 29th, 2007 in bad character, evidence, law reports by sally

R v. Campbell [2007] EWCA Crim 1472 

“If a defendant’s previous convictions were admitted in evidence, the jury could attach significance to them in any respect in which they were relevant and relevance could normally be deduced by the application of common sense. The mere fact that there was an issue as to whether a defendant’s case was truthful did not mean that evidence could be admitted to show that he had a propensity to be untruthful.”

WLR Daily, 26th June 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 (National Grid Gas plc) v. Environment Agency – WLR Daily

Posted June 29th, 2007 in environmental protection, law reports, utilities by sally

R (National Grid Gas plc) v. Environment Agency

“A private company which had taken over the assets and liabilities of the state-owned British Gas Corporation in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”

WLR Daily, 27th June 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 P (A Child) (Adoption Proceedings) – WLR Daily

Posted June 29th, 2007 in adoption, law reports by sally

In re P (A Child) (Adoption Proceedings)

“A court’s decision whether or not to grant leave to a parent to oppose the making of an adoption order, pursuant to s 47(5) of the Adoption and Children Act 2002, was “a decision relating to the adoption of a child” within the meaning of s 1(1) of the 2002 Act. Therefore, by s 1(2) of the Act, the paramount consideration of the court was the child’s welfare.”

WLR Daily, 27th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the WLR Daily summary is removed.

House of Lords Judgments: what’s new?

Posted June 29th, 2007 in law reports by sally

R (on the application of National Grid Gas plc (formerly Transco plc)) (Appellants) v. Environment Agency (Respondents) (Civil Appeal from Her Majesty’s High Court of Justice) [2007] UKHL 30

Source: www.parliament.co.uk

Regina v. Passmore – Times Law Reports

Posted June 28th, 2007 in housing, law reports, social security by sally

Notification was note required

Regina v. Passmore

Court of Appeal (Criminal Division)

“A person in receipt of housing or council tax benefit was not obliged to disclose a change in his circumstances to the prescribed benefits officer if that change did not affect any entitlement to his benefit under the social security legislation.”

The Times, 28th June 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 (National Grid Gas plc) v. Environment Agency – Times Law Reports

Posted June 28th, 2007 in environmental protection, law reports, utilities by sally

Successor to polluter not liable under later law

Regina (National Grid Gas plc) v Environment Agency

House of Lords

“A private company which had succeeded the state-owned British Gas in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”

The Times, 28th June 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.

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

Wilson v. Jaymarke Estates Ltd.

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 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.