Category: law reports

Hall & Woodhouse Ltd v Poole Borough Council – WLR Daily

Posted April 7th, 2009 in law reports, licensing, third parties by sally

Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131

“The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of the person charged with the offence and find whether as a matter of fact he had carried on or attempted to carry on an licensable activity, as defined in s 1 of and Schs 1 and 2 to the Act, otherwise than in accordance with an authorisation.”

WLR Daily, 6th April 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 (Coleman) v Governor of Wayland Prison and another – WLR Daily

Posted April 7th, 2009 in judicial review, law reports, prisons by sally

R (Coleman) v Governor of Wayland Prison and another; [2009] WLR (D) 132

“While a mobile telephone found in the possession of a prisoner might properly be taken away from him, neither rule 43(5) of the Prison Rules 1999 nor the common law provided a prison governor with power to destroy the mobile telephone.”

WLR Daily, 6th April 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.

Doleman v Shaw – WLR Daily

Posted April 3rd, 2009 in assignment, law reports, leases, winding up by sally

Doleman v Shaw [2009] EWCA Civ 283; [2009] WLR (D) 115

“On a true construction of s 178(4) of the Insolvency Act 1986, on the disclaimer of a lease by a liquidator, although the company ceased to be bound by the tenant covenants so far as its own obligations were concerned, it was treated as still bound so far as third party obligations were concerned.”

WLR Daily, 1st April 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.

 

In re A (Child: Overseas adoption) – Times Law Reports

Posted April 3rd, 2009 in adoption, law reports by sally

In re A (Child: Overseas adoption)

Court of Appeal

“In the context of an overseas adoption, a child’s home with prospective adopters during the period of ten weeks immediately prior to the making of an order for parental responsibility was not required to be in the United Kingdom.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk

Dobson and Others v Thames Water Utilities Ltd – Times Law Reports

Posted April 3rd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson and Others v Thames Water Utilities Ltd

Court of Appeal

“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance, the actual impact on the occupier would be relevant.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk

Kelly and Another v GE Healthcare Ltd – Times Law Reports

Posted April 3rd, 2009 in compensation, law reports, patents by sally

Kelly and Another v GE Healthcare Ltd

Chancery Division

“Compensation for employed inventors of inventions of outstanding benefit to the employer should be determined after the event, not before, in accordance with all available evidence so as to secure a just and fair reward to the employee.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Wood, R v [2009] EWCA Crim 651 (02 April 2009)

R. v Peacock & Anor [2009] EWCA Crim 654 (02 April 2009)

Evans, R v [2009] EWCA Crim 650 (02 April 2009)

Court of Appeal (Civil Division)

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld & Anor [2009] EWCA Civ 280 (02 April 2009)

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2009] EWCA Civ 290 (02 April 2009)

Hawkes v Cuddy & Ors [2009] EWCA Civ 291 (02 April 2009)

KJ (Sri Lanka) v Secretary of State for the Home Department [2009] EWCA Civ 292 (02 April 2009)

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288 (02 April 2009)

MA (Ethiopia) v Secretary of State for the Home Department [2009] EWCA Civ 289 (02 April 2009)

Pease & Anor v McMillan & Ors [2009] EWCA Civ 258 (02 April 2009)

X & Anor v London Borough of Hounslow [2009] EWCA Civ 286 (02 April 2009)

Secretary of State for the Home Department v AHK & Ors [2009] EWCA Civ 287 (02 April 2009)

High Court (Administrative Court)

Hutton v Government of Australia [2009] EWHC 564 (Admin) (20 March 2009)

Eley v Secretary of State for Communities and Local Government & Ors [2009] EWHC 660 (Admin) (02 April 2009)

High Court (Patents Court)

Synthon BV v Merz Pharma GmbH & Co KGaA [2009] EWHC 656 (Pat) (02 April 2009)

Source: www.bailii.org

EDO Corpn v Ultra Electronics Ltd – WLR Daily

Posted April 2nd, 2009 in arbitration, disclosure, law reports, pre-action conduct by sally

EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114

“The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”

WLR Daily, 1st April 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 Secretary of State for Health – WLR Daily

Posted April 2nd, 2009 in asylum, domicile, law reports, medical treatment by sally

R (A) v Secretary of State for Health [2009] EWCA Civ 225; [2009] WLR (D) 113

“A failed asylum seeker was not ‘ordinarily resident’ within the United Kingdom for the purposes of entitlement to treatment as of right by the National Health Service free of charge. The Guidance as to how a health body should exercise such discretion as it had to grant or withhold treatment in such a case was unlawful for lack of clarity.”

WLR Daily, 1st April 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.

In re Overnight Ltd Goldfarb v Higgins and Another – Times Law Reports

Posted April 2nd, 2009 in fraudulent trading, law reports, limitations, winding up by sally

In re Overnight Ltd Goldfarb v Higgins and Another

Chancery Division

“The cause of action for fraudulent trading under section 213 of the Insolvency Act 1986 accrued on the making of the winding-up order.”

The Times, 2nd April 2009

Source: www.timesonline.co.uk

Regina (A) v Secretary of State for Health – Times Law Reports

Posted April 2nd, 2009 in asylum, law reports, medical treatment by sally

Regina (A) v Secretary of State for Health

Court of Appeal

“A failed asylum seeker was not ordinarily resident in the United Kingdom so as to be entitled to free treatment by the National Health Service.”

The Times, 2nd April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH [2009] EWCA Civ 252 (01 April 2009)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2009] EWCA Civ 284 (01 April 2009)

Myerson v Myerson [2009] EWCA Civ 282 (01 April 2009)

Shaw v Doleman [2009] EWCA Civ 283 (01 April 2009)

McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 (01 April 2009)

Alexander-David v London Borough of Hammersmith & Fulham [2009] EWCA Civ 259 (01 April 2009)

High Court (Chancery Division)

Country Estates Construction Ltd v Oxfordshire County Council [2009] EWHC 642 (Ch) (27 March 2009)

High Court (Commercial Court)

National Navigation Co v Endesa Generacion Sa [2009] EWHC 196 (Comm) (01 April 2009)

Source: www.bailii.org

Regina v Darwin (Anne) Regina v Darwin (John) – Times Law Reports

Posted April 1st, 2009 in appeals, fraud, law reports, money laundering, sentencing by sally

Regina v Darwin (Anne) Regina v Darwin (John)

Court of Appeal (Criminal Division)

“In sentencing for fraud, a judge was right to take into account the harm done to individuals who might not have lost financially but on whom the crime had had a devastating impact.”

The Times, 1st April 2009

Source: www.timesonline.co.uk

Regina (AM)(Somalia) v Secretary of State for the Home Department – Times Law Reports

Posted April 1st, 2009 in asylum, human rights, law reports by sally

Regina (AM)(Somalia) v Secretary of State for the Home Department

Court of Appeal

“An asylum-seeker’s in-country appeal against removal on human rights grounds could not be stifled by the later issue of a certificate by the Secretary of State for the Home Department that the opposition was clearly unfounded.”

The Times, 1st April 2009

Source: www.timesonline.co.uk

Gottfried Heinrich Case C-345/06 – Times Law Reports

Posted April 1st, 2009 in aircraft, EC law, law reports, regulations by sally

Gottfried Heinrich Case C-345/06

Court of Justice of the European Communities

“An annex to a regulation which laid down measures for the implementation of common basic standards on aviation security had no binding force because it had not been published in the Official Journal of the European Union.”

The Times, 1st April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 1st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Miss H v East Sussex County Council & Ors [2009] EWCA Civ 249 (31 March 2009)

High Court (Queen’s Bench Division)

D. Pride & Partners (a firm) & Ors v Institute for Animal Health & Ors [2009] EWHC 685 (QB) (31 March 2009)

High Court (Chancery Division)

Ritchie & Ors v Joshlin & Ors [2009] EWHC B5 (Ch) (31 March 2009)

High Court (Administrative Court)

Powell & Anor v Secretary of State for Environment, Food & Rural Affairs & Anor [2009] EWHC 643 (Admin) (30 March 2009)

Ellis v Secretary of State for Communities & Local Government & Anor [2009] EWHC 634 (Admin) (31 March 2009)

Perkins & Anor v Secretary of State for Environment, Food & Rural Affairs & Anor [2009] EWHC 658 (Admin) (30 March 2009)

High Court (Commercial Court)

Global Process Sytems Inc & Anor v Syarikat Takaful Malaysia Berhad [2009] EWHC 637 (Comm) (31 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 31st, 2009 in law reports by sally

Court of Appeal (Civil Division)

YA, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 225 (30 March 2009)

High Court (Chancery Division)

Assets Recovery Agency v Szepietowski & Ors [2009] EWHC 655 (Ch) (19 March 2009)

Mastercigars Direct Ltd v Withers LLP [2009] EWHC 651 (Ch) (30 March 2009)

High Court (Queen’s Bench Division)

Haithwaite v Thomson Snell & Passmore (A Firm) [2009] EWHC 647 (QB) (30 March 2009)

Source: www.bailii.org

MS (Palestinian Territories) v Secretary of State for the Home Department – Times Law Reports

Posted March 31st, 2009 in appeals, immigration, law reports, removal directions by sally

MS (Palestinian Territories) v Secretary of State for the Home Department

Court of Appeal

“A challenge to the lawfulness of future removal directions did not come within the appeal regime under the Nationality, Immigration and Asylum Act 2002.”

The Times, 31st March 2009

Source: www.timesonline.co.uk

Barnett v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 30th, 2009 in change of use, law reports, planning by sally

Barnett v Secretary of State for Communities and Local Government and Another

Court of Appeal

“Where full planning permission had been granted for the construction of buildings, the grant approved the application plans and drawings unless the permission expressly stated otherwise. The general rule in construing permissions to have regard only to the permission unless the ancillary plans and drawings had been expressly incorporated, applied only to outline planning permission.”

The Times, 30th March 2009

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.

Waterman and Another v Boyle and Another – Times Law Reports

Posted March 30th, 2009 in easements, law reports, parking by sally

Waterman and Another v Boyle and Another

Court of Appeal

“An express right to park two vehicles at a property did not imply a further right to park additional vehicles.”

The Times, 30th March 2009

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.