law reports – Page 374 – Current Awareness

Copland v. United Kingdom – Times Law Reports

Posted April 24th, 2007 in human rights, law reports, privacy by sally

Employee’s privacy breached by employer’s monitoring

Copland v. United Kingdom (Application No. 62617/00)

European Court of Human Rights

“The collection and storage of information by an employer of an employee’s telephone, e-mail and internet usage at the place of work was, in the absence of any legal provisions, unjustified.”

The Times, 24th April 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.

London & Quadrant Housing Trust v. Ansell – WLR Daily

Posted April 23rd, 2007 in housing, law reports by sally

London & Quadrant Housing Trust v. Ansell

“Where, pursuant to ss 82 and 85 of the Housing Act 1985, a former secure tenant, following a possession order made against her, remained in occupation as a tolerated trespasser but failed to comply with the conditions imposed under the order the proper course was for the landlord to recover possession by issuing fresh proceedings. It was not appropriate to issue a warrant to recover possession under the original order to enable the tenant to claim protection under s 85 (2) of the Housing Act 1985.”

WLR Daily, 19th April 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.

Chiniah v. Director General of the Mauritius Revenue Authority – WLR Daily

Posted April 20th, 2007 in company directors, income tax, law reports by sally

Chiniah v. Director General of the Mauritius Revenue Authority

“A court could take into account a director’s dominant shareholding of a company in determining whether, under the law of Mauritius, he was a ‘principal officer’ of that company so as to be personally liable for income tax owed by the company.The Privy Council so held in dismissing an appeal by Jayram Chiniah from the order of the Court of Civil Appeal of Mauritius (YKJ Yeung Sik Yuen ACJ and P Lam Shang Leen J) affirming the decision of the Supreme Court of Mauritius to dismiss his notice of motion for erasure of an inscription of privilege in the sum of Rs 6.9m over his property, taken under the authority of the Income Tax Act 1995, in respect of income tax for the years 1991–92 to 1994–95 due by a company, Chiniah & Sons Ltd of which he was, until 17 April 1996, a director.”

WLR Daily, 17th April 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.

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd. – Times Law Reports

Posted April 20th, 2007 in landlord & tenant, law reports by sally

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th April 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.

O’Hanlon v. Customs Commissioners – Times Law Reports

Posted April 20th, 2007 in disability discrimination, law reports by sally

Limit to sick pay is lawful

O’Hanlon v. Revenue and Customs Commissioners

Court of Appeal

“A sick pay policy that did not provide unlimited full pay for a disabled employee who had lengthy absences from work was not discriminatory under the Disability Discrimination Act 1995.”

The Times, 20th April 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 (Consumer Council for Postal Services) v. Postal Services Commission and Another – Times Law Reports

Posted April 20th, 2007 in compensation, law reports, postal service by sally

Absence of lawyer is regretted

Regina (Consumer Council for Postal Services) v. Postal Services Commission and Another

Court of Appeal

“The Royal Mail was entitled to refuse compensation to a customer who was in default of credit terms without reasonable excuse. The fact and extent of the customer’s default was ascertained by reference to a particular point rather than a period of time.”

The Times, 20th April 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 K (Child) (Adoption: Permission to advertise) – Times Law Reports

Posted April 20th, 2007 in adoption, law reports by sally

Premature advertising for adoption

In re K (Child) (Adoption: Permission to advertise)

Family Division

“Before a child could be advertised for adoption the local authority had to be satisfied that the child ought to be placed for adoption.”

The Times, 20th April 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.

BAILII: Recent decisions

Posted April 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 (19 April 2007)

Millam v Print Factory (London) 1991 Ltd [2007] EWCA Civ 322 (19 April 2007)

Atabo v Kings College London & Ors James Newman Patricia Methven Madeleine Law [2007] EWCA Civ 324 (19 April 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 19th April 2007

Posted April 19th, 2007 in law reports by sally

Kalron Foods Ltd. v. Revenue & Customs Commissioners

Maggs v. Anstey

Patel v. Patel

Rice & Others v. Secretary of State for Trade & Industry & Anr

W v. F

R (Balding) v. Secretary of State for Work & Pensions

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk

Please note that the Daily Telegraph Law Reports are only available online for one week.

McKinnon v. Government of the United States of America and Another – Times Law Reports

Posted April 19th, 2007 in extradition, law reports by sally

Judicial distaste does not stop extradition order

McKinnon v. Government of the United States of America and Another

Queen’s Bench Divisional Court

“There was no abuse of the extradition process where a British defendant declined a plea bargain and, as a result, lost benefits which would have flowed from it.”

The Times, 19th April 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.

Secretary of State for the Home Department v. AF – Times Law Reports

Posted April 18th, 2007 in control orders, human rights, law reports, terrorism by sally

Cumulative restrictions make control order a nullity

Secretary of State for the Home Department v. AF

Queen’s Bench Division

“A control order imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”

The Times, 18th April 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.

Azmi v. Kirklees Metropolitan Borough Council – Times Law Reports

Posted April 17th, 2007 in law reports, religious discrimination by sally

No discrimination in ban on veil in classroom

Azmi v. Kirklees Metropolitan Borough Council

Employment Appeal Tribunal

“A Muslim teaching assistant who had been suspended for disobeying an instruction not to wear a veil when assisting a male teacher was not discriminated against directly or indirectly on the ground of religion or belief.”

The Times, 17th April 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.

Babula v. Waltham Forest College – Times Law Reports

Posted April 17th, 2007 in law reports, unfair dismissal, whistleblowers by sally

Whistleblower need not prove criminal or civil wrongdoing

Babula v. Waltham Forest College

Court of Appeal

“Where an employee made a claim for unfair dismissal asserting that the dismissal was to be regarded as automatically unfair because he had made a protected disclosure, it was sufficient that he reasonably believed the matters that he relied on amounted to a criminal offence, or founded a legal obligation. He did not have to be able to point to an actual criminal offence or to an actual legal obligation.”

The Times, 17th April 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 K (Deceased) – Times Law Reports

Posted April 16th, 2007 in executors, law reports by sally

Protecting creditors

In re K (Deceased)

Chancery Division

“When deciding whether to sanction payment by the administrators of an estate to admitted creditors and the subsequent distribution to beneficiaries without reference to disputed and potential creditors’ claims, the court should consider whether any, and if so what protection should be afforded to the potential creditors.”

The Times, 16th April 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.

WPP Holdings Italy Srl and Others v. Benatti – Times Law Reports

Posted April 16th, 2007 in law reports, service out of jurisdiction by sally

Deciding which court was first seised of the action

WPP Holdings Italy Srl and Other v. Benatti

Court of Appeal

“The court first seised of an action where two parties issued proceedings against each other in different European Union jurisdictions was the one where the document instituting the proceedings was first lodged with the court or was first received by the authority responsible for service.”

The Times, 16th April 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.

Sumukan Ltd. v. Commonwealth Secretariat – Times Law Reports

Posted April 13th, 2007 in appeals, arbitration, law reports by sally

Power to hear appeal on whether exclusion agreement valid

Sumukan Ltd. v. Commonwealth Secretariat

Court of Appeal

“The Court of Appeal had jurisdiction to determine an appeal from a judge’s decision on whether the parties to an arbitration agreement had agreed to exclude an appeal to a court on a point of law under section 69 of the Arbitration Act 1996.”

The Times, 13th April 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.

Stretford v. Football Association Ltd. and Another – Times Law Reports

Posted April 13th, 2007 in arbitration, human rights, law reports by sally

Parties to an arbitration waive Convention right to fair trial

Stretford v. Football Association Ltd. and Another

Court of Appeal

“An arbitration agreement in the rules of a national football association did not contravene the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

The Times, 13th April 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.

Bentinck v. Bentinck – Times Law Reports

Posted April 12th, 2007 in conflict of laws, law reports, stay of proceedings by sally

Staying proceedings to save costs

Bentinck v. Bentinck

Court of Appeal

“Even when there was no error in a first-instance judgment in a family case concerning conflict of laws, it was not only open to the Court of Appeal, but incumbent upon it to avoid any further wastage of costs and stay the English proceedings until the foreign court had decided whether it was first seised of the matter.”

The Times, 12th April 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. Hardy – Times Law Reports

Posted April 12th, 2007 in computer crime, law reports, police, sentencing by sally

Jail for unlawful computer access

Regina v. Hardy

Court of Appeal

“Police officers had to realise that accessing the police national computer for an improper purpose was an offence that required an immediate prison sentence.”

The Times, 12th April 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.