law reports – Page 254 – Current Awareness

“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”

WLR Daily, 30th November 2009

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.

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted November 30th, 2009 in asylum, deportation, law reports by sally

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344

“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”

WLR Daily, 26th November 2009

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 (A) v Croydon London Borough Council; Regina (M) v Lambeth London Borough Council – Times Law Reports

Posted November 30th, 2009 in law reports by sally

Regina (A) v Croydon London Borough Council; Regina (M) v Lambeth London Borough Council

Supreme Court

“Where social workers disputed an unaccompanied asylum seeker’s claim to be under the age of 18, and so entitled to local authority accommodation, the question of age was an objective fact subject, in the event of challenge, to determination by the court.”

The Times, 30th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 27th, 2009 in law reports by sally

Supreme Court

Office of Fair Trading (OFT) v Abbey National plc & Ors [2009] UKSC 6 (25 November 2009)

BA (Nigeria) v Secretary of State for the Home Department & Ors [2009] UKSC 7 (26 November 2009)

A, R (on the application of) v London Borough of Croydon [2009] UKSC 8 (26 November 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 27th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Cornwall v R. [2009] EWCA Crim 2458 (26 November 2009)

High Court (Chancery Division)

Gemstar-Tv Guide International Inc & Ors v Virgin Media Ltd & Anor [2009] EWHC 3068 (Ch) (26 November 2009)

High Court (Queen’s Bench Division)

Threlfall v Hull City Council [2009] EWHC 3042 (QB) (26 November 2009)

IRT Oil and Gas Ltd v Fiber Optic Systems Technology (Canada) Inc [2009] EWHC 3041 (QB) (26 November 2009)

Source: www.bailii.org

OQ (India) and another v Secretary of State for the Home Department: SM (India) v Same – WLR Daily

Posted November 27th, 2009 in EC law, freedom of movement, law reports, sponsored immigrants by sally

OQ (India) and another v Secretary of State for the Home Department; SM (India) v Same [2009] WLR (D) 343

“Where a person, in reliance, inter alia, upon art 3(2) of the Citizen Directive, sought to claim a right of entry and residence as a dependant of a Union citizen, there was no requirement to ask whether the claimed dependence arose from a need for the support of such a citizen.”

WLR daily, 26th November 2009

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 (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council – WLR Daily

Posted November 27th, 2009 in asylum, children, law reports by sally

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council [2009] UKSC 8; [2009] WLR (D) 342

“Where an asylum seeker’s claim to be under the age of 18 (and so entitled to accommodation under s 20(1) of the Children Act 1989) was disputed by the local authority who would have to provide the accommodation, the question of age was an objective fact to be ultimately determined, in the event of challenge, by the court.”

WLR Daily, 24th November 2009

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 November 26th, 2009 in law reports by sally

Court of Appeal (Civil Division)

KB (A Child) v Borough Council & Ors [2009] EWCA Civ 1254 (25 November 2009)

Court of Appeal (Criminal Division)

KS, R. v [2009] EWCA Crim 2377 (17 November 2009)

High Court (Administrative Court)

Metro Construction Ltd. v London Borough of Barnet [2009] EWHC 2956 (Admin) (25 November 2009)

First Essex Buses Ltd, R (on the application of) v Secretary of State for Transport & Anor [2009] EWHC 3024 (Admin) (25 November 2009)

High Court (Chancery Division)

CDV Software Entertainment Ag v Gamecock Media Europe Ltd & Ors [2009] EWHC 2965 (Ch) (20 November 2009)

Source: www.bailii.org

Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted November 26th, 2009 in banking, EC law, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and others [2009] UKSC 6; [2009] WLR (D) 341

“Charges levied by banks in respect of unauthorised overdrafts were part of a ‘package’ of services and consideration and their fairness was exempt from review under reg 6(2)(b) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th November 2009

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.

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Posted November 26th, 2009 in law reports by sally

Office of Fair Trading v Abbey National plc and Others

Supreme Court

“Charges levied by banks on personal current account customers in respect of unauthorised overdrafts were part of a package of consideration for the package of banking services provided and accordingly their fairness was exempt from review by the Office of Fair Trading.”

The Times, 26th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 25th, 2009 in law reports by sally

Court of Appeal (Civil Division)

McDonnell & Anor v Walker [2009] EWCA Civ 1257 (24 November 2009)

High Court (Commercial Court)

Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (Rev 1) [2009] EWHC 2941 (Comm) (24 November 2009)

Source: www.bailii.org

Thomas v Director of Public Prosecutions – Times Law Reports

Posted November 25th, 2009 in law reports by sally

Thomas v Director of Public Prosecutions

Queen’s Bench Divisional Court

“Vulnerable homeless persons in rooms in local authority hostels with a licence to occupy for a day a bedroom with a lock, were as entitled to the protection of the law as anyone else and could exclude trespassers.”

The Times, 25th November 2009

Source: www.timesonline.co.uk

Regina v S(K) – Times Law Reports

Posted November 25th, 2009 in law reports by sally

Regina v S(K)

Court of Appeal (Criminal Division)

“A judge should not continue to try a case alone after discharging the jury because of jury tampering where an informed objective bystander might legitimately conclude that there was a real possibility of bias by the judge.”

The Times, 25th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 24th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pacan & Ors, R. v [2009] EWCA Crim 2436 (16 October 2009)

Court of Appeal (Civil Division)

Transview Properties Ltd v City Site Properties Ltd [2009] EWCA Civ 1255 (24 November 2009)

Widlake v BAA Ltd [2009] EWCA Civ 1256 (23 November 2009)

High Court (Queen’s Bench Division)

The Lord Chancellor v Michael J Reed Ltd [2009] EWHC 2981 (QB) (23 November 2009)

High Court (Administrative Court)

Stratford On Avon District Council v Dyde [2009] EWHC 3011 (Admin) (04 November 2009)

Goldsmith v Director of Public Prosecutions [2009] EWHC 3010 (Admin) (04 November 2009)

Bhatti & Ors v Croydon Magistrates Court & Ors [2009] EWHC 3004 (Admin) (06 November 2009)

High Court (Commercial Court)

SK Shipping (S) Pte Ltd v Petroexport Ltd [2009] EWHC 2974 (Comm) (24 November 2009)

Source: www.bailii.org

Brittain v N (Aliane and Sear, Third Parties) – WLR Daily

Posted November 24th, 2009 in law reports, proceeds of crime, receivers by sally

B v N (A and S, Third Parties) [2009] EWHC 2884 (Admin); [2009] WLR (D) 340

“The court’s power under s 80(4) of the Criminal Justice Act 1988 (now repealed) to order ‘any person having possession of realisable property’ to give possession to a receiver did not empower the court to make such an order against tenants protected by contract and/or statute whose interests had not been determine by a court order.”

WLR Daily, 23rd November 2009

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.

Patel and another v Keles and another – WLR Daily

Posted November 24th, 2009 in landlord & tenant, law reports by sally

Patel and another v Keles and another [2009] EWCA Civ 1187; [2009] WLR (D) 339

“Where a landlord opposed an application for renewal of a business tenancy by asserting an intention to occupy the premises for the proposes of his own business, but it was shown that he was highly likely to sell, the landlord did not have the requisite intention to defeat the application for renewal.”

WLR Daily, 23rd November 2009

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.

Al Rawi and Others v Security Service and Others – Times Law Reports

Posted November 24th, 2009 in law reports by sally

Al Rawi and Others v Security Service and Others

Queen’s Bench Division

“Closed material procedure, as was used in criminal proceedings, sitting in camera and using special advocates who were not allowed to disclose secret evidence to their clients, could be used in a civil claim for damages.”

The Times, 24th November 2009

Source: www.timesonline.co.uk

Louca v Public Prosecutor, Bielefeld, Germany – Times Law Reports

Posted November 24th, 2009 in law reports by sally

Louca v Public Prosecutor, Bielefeld, Germany

Supreme Court

“For a European arrest warrant to be valid it needed to make reference only to the domestic warrant, issued in the requesting state, on which it was based. It was not required to make reference to any previous European arrest warrant, based on the same domestic warrant, which might have been issued and subsequently withdrawn.”

The Times, 24th November 2009

Source: www.timesonline.co.uk

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) – WLR Daily

Posted November 23rd, 2009 in airlines, carriage by air, compensation, delay, EC law, law reports by sally

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) [2009] WLR (D) 338

“Airline passengers whose flights were delayed by more than three hours were entitled to compensation.”

WLR Daily, 20th November 2009

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.