Christmas Break
There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 1pm on 19th December. We will resume posting on 5th January 2009.
See you in the new year!
Day: 19 December 2008
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barclay v British Airways Plc [2008] EWCA Civ 1419 (18 December 2008)
DL (DRC) v The Entry Clearance Officer, Pretoria [2008] EWCA Civ 1420 (18 December 2008)
Cain v Francis [2008] EWCA Civ 1451 (18 December 2008)
Revenue and Customs v Alan Blackburn Sports Ltd & Anor [2008] EWCA Civ 1454 (18 December 2008)
Ansari v Ansari & Ors [2008] EWCA Civ 1456 (19 December 2008)
Court of Appeal (Criminal Division)
GG Plc, R v (No.2) [2008] EWCA Crim 3061 (18 December 2008)
Moyle v R [2008] EWCA Crim 3059 (18 December 2008)
High Court (Administrative Court)
High Court (Chancery Division)
Hamilton v Monmouthshire County Council & anor [2008] EWHC 3101 (Ch) (18 December 2008)
Mason v Boscawen [2008] EWHC 3100 (Ch) (18 December 2008)
Best Beat Ltd v Mourant & Co Trustees Ltd & Anor [2008] EWHC 3156 (Ch) (18 December 2008)
High Court (Queen’s Bench Division)
Khodari v Al Tamimi [2008] EWHC 3065 (QB) (18 December 2008)
Bray Walker Solicitors (a firm) & Anor v Silvera [2008] EWHC 3147 (QB) (18 December 2008)
High Court (Technology and Construction Court)
Stewart Milne Group Ltd v Protex Corp Ltd [2008] EWHC 3171 (TCC) (16 December 2008)
Source: www.bailii.org
Portman Estate Nominees (One) Ltd and another v Ackerman and another – WLR Daily
“The service of a notice by a tenant seeking to acquire a new lease of a flat only had the effect of preserving the position pending determination of the claim and did not provide for continuation of the lease of premises in which the flat was contained.”
WLR Daily, 18th December 2008
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 (Shields) v Secretary of State for Justice – WLR Daily
R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398
“The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”
WLR Daily, 18th December 2008
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.
Banks v Kingston upon Thames Royal Borough Council – WLR Daily
Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397
“A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.”
WLR Daily, 18th December 2008
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.
Clark v Clark Construction Initiatives Ltd and another – WLR Daily
“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”
Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396
WLR Daily, 18th December 2008
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.
Moriarty and another v Atkinson and others – WLR Daily
Moriarty and another v Atkinson and others; [2008] WLR (D) 395
“Although a company had been in breach of trust in paying clients’ money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund so that the clients had no proprietary claim in respect of it.”
WLR Daily, 18th December 2008
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.
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily
“Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had taken appropriate steps to reduce the risk to the lowest level reasonably practicable, under reg 4(1)(b)(ii).”
WLR Daily, 18th December 2008
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.
Management of cases from the Organised Crime Division of the Crown Prosecution Service – Judiciary of England and Wales
“A Protocol issued by the senior presiding judge.”
Judiciary of England and Wales, 18th December 2008
Source: www.judiciary.gov.uk
Putting people first – Home Office
“The new policing and crime bill is designed to keep you safer and to increase police accountability.”
Home Office, 18th December 2008
Source: www.homeoffice.gov.uk
UK work restrictions continue for Bulgarians and Romanians – UK Border Agency
“Bulgarians and Romanians will not get free access to the British labour market, the Government announced today.”
UK Border Agency, 18th December 2008
Source: www.ukba.homeoffice.gov.uk
Family Lawyers Voice Concern at Plans to Reform Legal Support for Vulnerable Women and Children – The Bar Council
“The Bar Council and the Family Law Bar Association have expressed concern over plans, announced by the Ministry of Justice, to roll up payments to barristers and solicitors into a single advocacy fee, putting at risk effective access to justice for those who need most protection.”
The Bar Council, 19th December 2008
Source: www.barcouncil.org.uk
Transferred signature cannot count as document approval, says High Court – OUT-LAW.com
“A client’s signature on one document cannot be transferred to another and taken as approval of that second document, the High Court has said. Lawyers must ensure that the formalities of deeds and contracts are observed, said the Court’s ruling.”
OUT-LAW.com, 19th December 2008
Source: www.out-law.com
OAP fined £1,000 for road deaths – BBC News
“An 81-year-old motorist who admitted killing two elderly women by knocking them down as they crossed the road near their home has been fined £1,000.”
BBC News, 18th December 2008
Source: www.bbc,co.uk
Man jailed for car crash deaths – BBC News
“A man has been jailed for three years for killing a couple in a car crash.”
BBC News, 18th December 2008
Source: www.bbc.co.uk
Beatle associate can sue over ‘charlatan’ claim, says High Court – OUT-LAW.com
“A former associate of The Beatles has won the right to sue in England over a New York Times article which called him a charlatan. Because the article was published online the case should go ahead, the High Court has said.”
OUT-LAW.com, 18th December 2008
Source: www.out-law.com
IPO sticks to four-step software patent test – OUT-LAW.com
“The UK’s Intellectual Property Office (IPO) will still use a previously formulated test on software patents despite a court ruling which many took to be critical of its approach.”
OUT-LAW.com, 18th December 2008
Source: www.out-law.com
Ice-pick attack stalker is jailed – BBC News
“A stalker who attacked a woman with an ice pick because he thought she was a witch has been jailed.”
BBC News, 18th December 2008
Source: www.bbc.co.uk
Woman loses post office legal bid – BBC News
“A pensioner who went to the High Court claiming government moves to close post offices discriminated against disabled people has lost her fight.”
BBC News, 18th December 2008
Source: www.bbc.co.uk
Theme park fined £250,000 over ride death – The Independent
“The distraught family of the teenager who fell to her death from a white-knuckle ride condemned a £250,000 fine for the company running the theme park today as ‘far too little’.”
The Independent, 18th December 2008
Source: www.independent.co.uk
