law reports – Page 225 – Current Awareness

“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”

WLR Daily, 9th September 2010

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted September 9th, 2010 in law reports by sally

High Court (Chancery Division)

Hopton v Miller [2010] EWHC B20 (Ch) (31 August 2010)

Wickens v Cheval Property Developments Ltd [2010] EWHC 2249 (Ch) (08 September 2010)

Source: www.bailii.org

Regina (Patel) v Lord Chancellor – WLR Daily

Posted September 7th, 2010 in inquests, law reports, legal aid, terrorism by sally

Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240

“An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. There had to be the potential for client’s involvement in the proceedings to produce real benefits for individuals other than the client and for those benefits to be substantial.”

WLR daily, 6th September 2010

Source: www.lawreports.co.uk

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

Regina (Ngouh) v Secretary of State for Home Department – WLR Daily

Posted September 7th, 2010 in armed forces, immigration, law reports by sally

Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239

“It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its deployment.”

WLR Daily, 6th September 2010

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted September 6th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dibble v Urs Bernhard Pfluger [2010] EWCA Civ 1005 (03 September 2010)

High Court (Commercial Court)

Azimut-Benetti Spa (Benetti Division) v Healey [2010] EWHC 2234 (Comm) (03 September 2010)

High Court (Queen’s Bench Division)

Rashford v Secretary of State for the Home Department [2010] EWHC 2200 (QB) (02 September 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hamer, R v [2010] EWCA Crim 2053 (17 August 2010)

High Court (Patents Court)

Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor [2010] EWHC 1966 (Pat) (30 July 2010)

Source: www.bailii.org

Online judgments ensure justice is seen to be done – The Guardian

Posted September 2nd, 2010 in internet, judgments, law reports, news by sally

“Yesterday, Sharon Shoesmith was given permission to appeal in the judicial review of her dismissal by Haringey council as a result of the Baby Peter scandal. The case itself is complex and fascinating, but the detail should not overshadow the open and forward-thinking way in which the case has been dealt with.”

Full story

The Guardian, 2nd Spetember 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 31st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Ahmed, R v [2010] EWCA Crim 1949 (29 July 2010)

Court of Appeal (Civil Division)

Raggett v Society of Jesus Trust of 1929 for Roman Catholic Purposes & Anor [2010] EWCA Civ 1002 (27 August 2010)

High Court (Chancery Division)

HM Revenue and Customs v Marks and Spencer Plc [2010] EWHC 2215 (Ch) (27 August 2010)

High Court (Family Division)

Re P [2010] EWHC 1592 (Fam) (13 May 2010)

A Local Authority v A & Anor [2010] EWHC 1549 (Fam) (24 June 2010)

High Court (Administrative Court)

Patel, R (on the application of) v Lord Chancellor [2010] EWHC 2220 (Admin) (27 August 2010)

Ngouh, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2218 (Admin) (27 August 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Raggett v Society of Jesus Trust of 1929 for Roman Catholic Purposes & Anor [2010] EWCA Civ 1002 (27 August 2010)

High Court (Chancery Division)

HM Revenue and Customs v Marks and Spencer Plc [2010] EWHC 2215 (Ch) (27 August 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 26th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Oracle America Inc v M-Tech Data Ltd & Anor [2010] EWCA Civ 997 (24 August 2010)

Southern Insulation (Medway) Ltd v How Engineering Services Ltd & Ors [2010] EWCA Civ 999 (20 August 2010)

Chubb Fire Ltd v The Vicar of Spalding & Churchwardens and Church Council of the Church of St Mary & St Nicholas, Spalding [2010] EWCA Civ 981 (20 August 2010)

Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998 (20 August 2010)

High Court (Administrative Court)

EP & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2189 (Admin) (20 August 2010)

High Court (Queen’s Bench Division)

Modi v United Kingdom Border Agency [2010] EWHC 1996 (QB) (30 July 2010)

City of Westminster v Davenport & Anor [2010] EWHC 2016 (QB) (30 July 2010)

Hameed v Central Manchester University Hospitals NHS Foundation Trust [2010] EWHC 2009 (QB) (30 July 2010)

Murdoch v Department for Work and Pensions [2010] EWHC 1988 (QB) (30 July 2010)

Morton v Portal Ltd [2010] EWHC 1804 (QB) (30 July 2010)

Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

Islam Expo Ltd v The Spectator (1828) Ltd & Anor [2010] EWHC 2011 (QB) (30 July 2010)

Venables & Anor v News Group Papers Ltd & Ors [2010] EWHC B18 (QB) (30 July 2010)

High Court (Technology & Construction Court)

Chalbury McCouat International Ltd v PG Foils Ltd [2010] EWHC 2050 (TCC) (03 August 2010)

LPI (Hotels) Ltd v Technical & General Guarantee Company SA [2010] EWHC 2049 (TCC) (02 August 2010)

Nickleby FM Ltd v Somerfield Stores Ltd [2010] EWHC 1976 (TCC) (30 July 2010)

Source: www.bailii.org

Regina v Varsani – WLR Daily

Posted August 25th, 2010 in counterfeiting, customs and excise, law reports by sally

Regina v Varsani [2010] EWCA Crim 1938; [2010] WLR (D) 237

“Where an offender was convicted of being knowingly concerned in the fraudulent evasion of duty on counterfeit cigarettes, contrary to s 170 of the Customs and Excise Management Act 1979, the reference to the retail price of cigarettes ‘of that description’ in s 5(1) of the Tobacco Products Duty Act 1979, as amended, by which the value of the duty was to be calculated, was to the retail price of genuine non-counterfeit cigarettes which were of the same description as the counterfeit ones on which the duty was evaded.”

WLR Daily, 24th August 2010

Source: www.lawreports.co.uk

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

Regina (B) v Islington London Borough Council – WLR Daily

Posted August 25th, 2010 in education, law reports, local government, special educational needs by sally

Regina (B) v Islington London Borough Council [2010] WLR (D) 236

“The Education Act 1996 placed no obligation on a local authority to maintain a statement of special educational needs for a young person over the age of 19 or to fund him or her to continue in secondary education.”

WLR Daily, 24th August 2010

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.

Regina v Hamer – WLR Daily

Posted August 23rd, 2010 in appeals, bad character, evidence, law reports, penalties by sally

Regina v Hamer [2010] WLR (D) 235

“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”

WLR Daily, 20th August 2010

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.

Regina v Seaton – WLR Daily

Posted August 23rd, 2010 in appeals, evidence, law reports, murder, privilege by sally

Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234

“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”

WLR Daily, 20th August 2010

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.

Batista v Secretary of State of the Home Department – WLR Daily

Posted August 20th, 2010 in appeals, deportation, immigration, law reports by sally

Batista v Secretary of State of the Home Department [2010] EWCA Civ 896; [2010] WLR (D) 233

“When considering whether a decision to deport a national of the European Economic Area (‘EEA’) was proportionate, the court should ask itself whether members of the deportee’s family would move to the country of origin with the deportee and whether it was reasonable to expect them to do so, rather than to ask whether there were ‘insurmountable obstacles’ to them moving.”

WLR Daily, 19th August 2010

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.

Drake and another v Foster Wheeler Ltd – WLR Daily

Posted August 20th, 2010 in asbestos, care homes, compensation, employment, law reports, news, personal injuries by sally

Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232

“Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries.”

WLR Daily, 19th August 2010

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.

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) – WLR Daily

Posted August 20th, 2010 in landlord & tenant, law reports, summary judgments by sally

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [2010] EWHC 2094 (Ch); [2010] WLR (D) 231

“Where a landlord opposed the renewal of a tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954 on the ground that he intended to redevelop the land the date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection.”

WLR Daily, 19th August 2010

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 August 18th, 2010 in law reports by sally

Supreme Court

The Electoral Commission, R (on the application of) v City of Westminster Magistrates Court & Anor [2010] UKSC 40 (29 July 2010)

High Court (Chancery Division)

VAC v JAD & Ors [2010] EWHC 2159 (Ch) (16 August 2010)

Source: www.bailii.org