law reports – Page 284 – Current Awareness

“In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at the issue from the point of view of the wife and children and not just of the potential deportee. It was not enough that there were no insuperable obstacles to their moving because the ultimate test was one of proportionality.”

WLR Daily, 26th March 2009

Source: www.lawreports.co.uk

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

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 27th, 2009 in law reports, planning, repairs by sally

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council

Queen’s Bench Division

“Where only part of a building was in such condition as to affect adversely the amenity of the area, the local planning authority had no power to serve a notice requiring the taking of remedial steps on those occupying other parts of the building.”

The Times, 27th 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.

In re Rottmann (a Bankrupt) – Times Law Reports

Posted March 27th, 2009 in bankruptcy, law reports, self-incrimination by sally

In re Rottmann (a Bankrupt)

Court of Appeal

“The court had power to order the examination of a bankrupt be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 27th 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.

Youell and Others v La Reunion Aerienne – Times Law Reports

Posted March 27th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell and Others v La Reunion Aerienne

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th 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.

BAILII: Recent Decisions

Posted March 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Stewart, R v [2009] EWCA Crim 593 (26 March 2009)

Farrell, R. v [2009] EWCA Crim 511 (13 March 2009)

Court of Appeal (Civil Division)

AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240 (26 March 2009)

High Court (Chancery Division)

Thorpe v Revenue and Customs [2009] EWHC 611 (Ch) (26 March 2009)

JML Direct Ltd v Freesat UK Ltd [2009] EWHC 616 (Ch) (26 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 26th, 2009 in law reports by sally

High Court (Chancery Division)

JSD Corporation Pte Ltd v (1) Al Waha Capital PJSC & Anor [2009] EWHC 583 (Ch) (25 March 2009)

High Court (Queen’s Bench Division)

Barclays Bank Plc v Guardian News Media Ltd [2009] EWHC 591 (QB) (19 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted March 26th, 2009 in law reports by sally

Thorner (Appellant) v Majors and others (Respondents) [2009] UKHL 18 (25 March 2009)

Source: www.parliament.uk

Thorner v Major and others – WLR Daily

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111

“Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”

WLR Daily, 25th March 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 (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

Posted March 26th, 2009 in disclosure, judgments, judicial review, law reports, terrorism, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 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.

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same – WLR Daily

Posted March 26th, 2009 in asylum, law reports, proscribed organisations by sally

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109

“A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) on the ground that he had been guilty of acts contrary to the purposes and principles of the United Nations.”

WLR Daily, 25th March 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 (Mendes and another) v Southwark London Borough Council – WLR Daily

Posted March 26th, 2009 in costs, judicial review, law reports, reasons by sally

R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108

“A judge needed to give reasons for preferring one side’s arguments over the other on an application for costs made by written submissions following the case being settled.”

WLR Daily, 25th March 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.

Thorner v Major and Others – Times Law Reports

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and Others

House of Lords

“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”

The Times, 26th 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.

BAILII: Recent Decisions

Posted March 25th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Burdett & Anor, R. v [2009] EWCA Crim 543 (12 February 2009)

Seddon, R. v [2009] EWCA Crim 483 (10 March 2009)

Court of Appeal (Civil Division)

Breckland District Council & Ors, R (on the application of) v The Boundary Committee & Ors [2009] EWHC Civ 239 (25 March 2009)

High Court (Chancery Division)

Kellogg Brown & Root Holdings (UK) Ltd v Revenue & Customs [2009] EWHC 584 (Ch) (24 March 2009)

Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors [2009] EWHC 600 (Ch) (25 March 2009)

High Court (Administrative Court)

Hughes v Borodex Ltd [2009] EWHC 565 (Admin) (25 March 2009)

Yuen v Secretary of State for the Home Department [2009] EWHC 573 (Admin) (25 March 2009)

Gray, R (on the application of) v Crown Prosecution Service [2009] EWHC 239 (Admin) (14 January 2009)

High Court (Commercial Court)

Lansat Shipping Co Ltd v Glencore Grain BV [2009] EWHC 551 (Comm) (25 March 2009)

High Court (Technology and Construction Court)

AMEC Group Ltd. v Universal Steels (Scotland) Ltd [2009] EWHC 560 (TCC) (25 March 2009)

Source: www.bailii.org

Barnett v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 25th, 2009 in change of use, law reports, planning by sally

Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107

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

WLR Daily, 24th March 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 v Kousar – Times Law Reports

Posted March 25th, 2009 in counterfeiting, law reports, married persons, no case to answer, trade marks by sally

Regina v Kousar

Court of Appeal (Criminal Division)

“A wife who knew her husband was storing business merchandise in the matrimonial home, acquiesced in it being there and did not demand its removal, was not in control or possession of the goods.”

The Times, 25th 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.

Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs – Times Law Reports

Posted March 25th, 2009 in agency, contracting out, income tax, law reports, taxation by sally

Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs

Court of Appeal

“An outsourcing company responsible for calculating and paying the wages of workers employed by a labour provider to work for other businesses was not entitled to use its own employer reference when accounting for the tax on the workers’ wages because it was not the workers’ employer.”

The Times, 25th 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.

Regina v Billingham (Mark) Regina v Billingham (Justin) – Times Law Reports

Posted March 25th, 2009 in evidence, jury directions, law reports by sally

Regina v Billingham (Mark) Regina v Billingham (Justin)

Court of Appeal (Criminal Division)

“While the present Judicial Studies Board direction in respect of previous inconsistent statements required the jury to be sure that a previous statement exculpatory of a defendant was true, it was sufficient for the jury to conclude that it might be true.”

The Times, 25th 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.