law reports – Page 231 – Current Awareness

Regina (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Posted July 1st, 2010 in law reports, prisons, release on licence, sentencing, Supreme Court by sally

Regina (Noone) v Governor of HMP Drake Hall and another [2010] UKSC 30; [2010] WLR (D) 164

“The release provisions of the Criminal Justice Act 1991 applied to sentences of under 12 months’ imprisonment, unless they were imposed concurrently or consecutively with sentences of 12 months or over, in which case the provisions of the Criminal Justice Act 2003 applied.”

WLR Daily, 30th June 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.

Fiddes v Channel Four Television Corporation and others – WLR Daily

Posted July 1st, 2010 in appeals, defamation, juries, law reports, media, trial without jury by sally

Fiddes v Channel Four Television Corporation and others [2010] EWCA Civ 730; [2010] WLR (D) 163

“Observations on the applicable principles as to whether there should be a trial by jury or trial by judge alone in a libel action were made by the Court of Appeal.”

WLR Daily, 30th June 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.

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

Posted July 1st, 2010 in armed forces, human rights, law reports, Supreme Court by sally

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 30th, 2010 in law reports by sally

Supreme Court

Noone, R (on the application of) v Governor of HMP Drake Hall & Anor [2010] UKSC 30 (30 June 2010)

Smith, R (on the application of) v Secretary of State for Defence & Anor [2010] UKSC 29 (30 June 2010)

Court of Appeal (Civil Division)

North Cumbria University Hospitals NHS Trust v Fox & Ors [2010] EWCA Civ 729 (30 June 2010)

Forson v The Governing Body of Harwich School & Ors [2010] EWCA Civ 751 (30 June 2010)

ZK (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 749 (30 June 2010)

High Court (Chancery Division)

Financial Services Authority (FSA) v Anderson & Ors [2010] EWHC 1547 (Ch) (29 June 2010)

Gripple Ltd v Revenue and Customs [2010] EWHC 1609 (Ch) (30 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

D, R. v [2010] EWCA Crim 1485 (29 June 2010)

Budimir & Anor, R. v [2010] EWCA Crim 1486 (29 June 2010)

Harvey, R. v [2010] EWCA Crim 1317 (19 May 2010)

Mortimer, R. v [2010] EWCA Crim 1303 (25 May 2010)

Court of Appeal (Civil Division)

JN (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 723 (29 June 2010)

Fiddes v Channel Four Television Corporation & Ors [2010] EWCA Civ 730 (29 June 2010)

High Court (Chancery Division)

Jiggens & Anor v Low & Anor [2010] EWHC 1566 (Ch) (29 June 2010)

Stainer v Lee & Ors [2010] EWHC 1539 (Ch) (29 June 2010)

High Court (Administrative Court)

Interfact Ltd v Liverpool City Council [2010] EWHC 1604 (Admin) (29 June 2010)

High Court (Technology and Construction Court)

BSkyB Ltd & Anor. v HP Enterprise Services UK Ltd & Ors (No. 2) [2010] EWHC 862 (TCC) (28 June 2010)

Source: www.bailii.org

Deane v Secretary of State for Work and Pensions – WLR Daily

Posted June 29th, 2010 in appeals, benefits, carers, disqualification, education, law reports, tribunals by sally

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 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.

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Posted June 29th, 2010 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 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 June 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Cook Biotech Incorporated v Edwards Lifesciences AG [2010] EWCA Civ 718 (28 June 2010)

High Court (Queen’s Bench Division)

Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) (28 June 2010)

High Court (Commercial Court)

Redmayne Bentley Stockbrokers v Isaacs & Ors [2010] EWHC 1504 (Comm) (28 June 2010)

High Court (Technology and Construction Court)

Price & Anor v Carter (t/a Ian Carter Building Contractors) [2010] EWHC 1451 (TCC) (18 June 2010)

Anglian Water Services Ltd v Laing O’Rourke Utilities Ltd [2010] EWHC 1529 (TCC) (25 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 28th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Gibbon v Manchester City Council [2010] EWCA Civ 726 (25 June 2010)

Steele v The Home Office [2010] EWCA Civ 724 (25 June 2010)

Smith v Cooper & Anor [2010] EWCA Civ 722 (25 June 2010)

Smith v Co-Operative Group Ltd & Anor [2010] EWCA Civ 725 (25 June 2010)

Court of Appeal (Criminal Division)

Bowles v R [2010] EWCA Crim 1460 (25 June 2010)

High Court (Administrative Court)

Evans, R (on the application of) v Secretary of State for Defence [2010] EWHC 1445 (Admin) (25 June 2010)

High Court (Chancery Division)

Khudairi & Anor v Abbey Brokers Ltd & Ors [2010] EWHC 1486 (Ch) (22 June 2010)

CPC Group Ltd v Qatari Diar Real Estate Investment Company [2010] EWHC 1535 (Ch) (25 June 2010)

Miah v Islam [2010] EWHC 1569 (Ch) (25 June 2010)

Frasers Islington Ltd v The Hanover Trustee Company Ltd & Ors [2010] EWHC 1514 (Ch) (25 June 2010)

High Court Queen’s Bench Division)

Noye, R. v [2010] EWHC 1468 (QB) (25 June 2010)

Best v Smyth [2010] EWHC 1541 (QB) (25 June 2010)

High Court (Technology and Construction Court)

Swann & Anor v Potton Ltd [2010] EWHC 1577 (TCC) (25 June 2010)

Sources: www.bailii.org

Regina v Lee – WLR Daily

Posted June 28th, 2010 in appeals, law reports, medicines, pharmacists, self-employment by sally

Regina v Lee [2010] EWCA Crim 1404; [2010] WLR (D) 160

“The offence under s 85(5)(b) of the Medicines Act 1968 of selling or supplying a medicinal product which was misleadingly labelled or marked in respect of the nature or quality of the product, where such sale or supply was done by a person ‘in the course of a business carried on by him’, could not be committed by a person who was merely employed or engaged by the business which carried out the sale or supply, but was committed by the employer, namely the person or body carrying on the business.”

WLR Daily, 25th June 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 Brewster – WLR Daily

Posted June 28th, 2010 in appeals, bad character, evidence, law reports, witnesses by sally

Regina v Brewster [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th June 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 June 25th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Chrysostomou, R v [2010] EWCA Crim 1403 (24 June 2010)

Attorney Generals Reference No 114 – 115 of 2009 [2010] EWCA Crim 1459 (24 June 2010)

Lee, R v [2010] EWCA Crim 1404 (24 June 2010)

High Court (Administrative Court)

K, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1528 (Admin) (24 June 2010)

HM (Malawi), R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1407 (Admin) (24 June 2010)

High Court (Chancery Division)

State Street Bank and Trust Company v Sompo Japan Insurance Inc & Ors [2010] EWHC 1461 (Ch) (17 June 2010)

Lexi Holdings (In Administration) v Pannone & Partners [2010] EWHC 1416 (Ch) (18 June 2010)

The Law Society of England and Wales v Habitable Concepts Ltd & Anor [2010] EWHC 1449 (Ch) (21 June 2010)

HIgh Court (Queen’s Bench Division)

Montpellier Estates Ltd v Leeds City Council [2010] EWHC 1543 (QB) (24 June 2010)

Horlick v Associated Newspapers Ltd [2010] EWHC 1544 (QB) (24 June 2010)

Source: www.bailii.org

Pankina v Secretary of State for the Home Dept; Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept – WLR Daily

Posted June 25th, 2010 in appeals, immigration, law reports by sally

Pankina v Secretary of State for the Home Dept; Malekia v Secretary of State for the Home Dept; Ahmed v Secretary of State for the Home Dept; Junaideen v Secretary of State for the Home Dept; Ali v Secretary of State for the Home Dept; Sankar v Secretary of State for the Home Dept [2010] EWCA Civ 719; [2010] WLR (D) 158

“The immigration rules could not lawfully incorporate provisions set out in another document which had not itself been laid before Parliament and was able to be altered after the rule had been laid before Parliament.”

WLR Daily, 24th June 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.

British Broadcasting Corporation and another v Sugar (No 2) – WLR Daily

Posted June 25th, 2010 in appeals, BBC, disclosure, freedom of information, law reports, media, reports by sally

British Broadcasting Corporation and another v Sugar (No 2) [2010] EWCA Civ 715; [2010] WLR (D) 157

“Once it was established that information, requested under the Freedom of Information Act 2000, was held by the BBC as a public authority for the purposes of journalism (a word that was to be given its natural meaning), it was effectively exempt from production under the 2000 Act, even if the information was also held by the authority for other purposes.”

WLR Daily, 24th June 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.

Austin v Southwark London Borough Council – WLR Daily

Posted June 25th, 2010 in housing, landlord & tenant, law reports, local government, repossession, Supreme Court by sally

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 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 June 24th, 2010 in law reports by sally

Supreme Court

JR17 for Judicial Review (Northern Ireland) [2010] UKSC 27 (23 June 2010)

Austin v Mayor and Burgesses of the London Borough of Southwark [2010] UKSC 28 (23 June 2010)

Secretary of State for the Home Department v AP (No. 2) [2010] UKSC 26 (23 June 2010)

Source: www.bailii.org.uk

BAILII: Recent Decisions

Posted June 24th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 (23 June 2010)

Khader v Aziz & Ors [2010] EWCA Civ 716 (23 June 2010)

Annulment Funding Company Ltd v Cowey & Anor [2010] EWCA Civ 711 (23 June 2010)

Sugar v The British Broadcasting Commission & Anor [2010] EWCA Civ 715 (23 June 2010)

AET Inc Ltd v Arcadia Petroleum Ltd “Eagle Valencia” [2010] EWCA Civ 713 (23 June 2010)

Secretary of State for Work & Pensions v Deane [2010] EWCA Civ 699 (23 June 2010)

Prebble v Costa [2010] EWCA Civ 717 (23 June 2010)

High Court (Administrative Court)

P, R (on the application of) v The Royal Borough of Windsor & Maidenhead & Anor [2010] EWHC 1408 (Admin) (23 June 2010)

Re L [2010] EWHC 1531 (Admin) (23 June 2010)

Herdman & Ors v City of Westminster Magistrates Court [2010] EWHC 1533 (Admin) (23 June 2010)

Daley-Murdock, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1488 (Admin) (23 June 2010)

High Court (Family Division)

M v V [2010] EWHC 1453 (Fam) (23 June 2010)

High Court (Patents Court)

KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors [2010] EWHC 1487 (Pat) (23 June 2010)

High Court (Queen’s Bench Division)

Shell International Trading & Shipping Company Ltd & Ors v Tikhonov & Ors [2010] EWHC 1399 (QB) (23 June 2010)

High Court (Technology and Construction Court)

Enterprise Managed Services Ltd v McFadden Utilities Ltd [2010] EWHC 1506 (TCC) (23 June 2010)

Source: www.bailii.org

Timbrell v Secretary of State for Work and Pensions – WLR Daily

Posted June 24th, 2010 in appeals, law reports, pensions, retrospectivity, sex discrimination by sally

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”

WLR Daily, 23rd June 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.

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Posted June 24th, 2010 in anonymity, control orders, human rights, law reports, Supreme Court, terrorism by sally

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

“The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 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.