law reports – Page 285 – Current Awareness

Bracknell Forest Borough Council v Green and another – WLR Daily

Posted March 24th, 2009 in housing, law reports by sally

Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106

“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

In re St Peter’s Church, Draycott – WLR Daily

Posted March 24th, 2009 in ecclesiastical law, faculties, law reports by sally

In re St Peter’s Church, Draycott; [2009] WLR (D) 105

“A consistory court should not exercise its jurisdiction to authorise the sale of a font in order to carry out repairs to a church, merely on the basis of a ‘financial need’. The court had to be satisfied that there was a ‘financial emergency’ which meant an immediate pressing need to carry out urgent critical work for which funds were not, or could not be made, available.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily

Posted March 24th, 2009 in ASBOs, law reports, magistrates by sally

R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104

“The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Posted March 24th, 2009 in change of use, law reports, planning by sally

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

“When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

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

Laroche v Spirit of Adventure (UK) Ltd – Times Law Reports

Posted March 24th, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd

Court of Appeal

“A hot-air balloon was an aircraft governed by the Warsaw Convention on International Carriage by Air 1929, as scheduled to the Carriage by Air Act, 1961 and a passenger in it had to bring an action for personal injuries within the two-year period in article 29 of Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480).”

The Times, 24th 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 (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening – Times Law Reports

Posted March 24th, 2009 in Crown Prosecution Service, law reports, mental health, prosecutions, victims by sally

Regina (B) v Director of Public Prosecutions, Equality and Human Rights Commission intervening

Queen’s Bench Division

“The decision to abandon a prosecution because of the victim’s mental instability was irrational and a violation of the victim’s right not to be subjected to inhuman or degrading treatment protected by article 3 of the European Convention on Human Rights.”

The Times, 24th 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.

Imageview Management Ltd v Jack – Times Law Reports

Posted March 24th, 2009 in agency, fiduciary duty, law reports, secret profits by sally

Imageview Management Ltd v Jack

Court of Appeal

“An agent who made a secret deal with his principal’s employer breached his fiduciary duty to his principal, forfeited his agency fee and had to account for the secret profit.”

The Times, 24th 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 23rd, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Bracknell Forest Borough Council v Green & Anor [2009] EWCA Civ 238 (20 March 2009)

Lambert v Clayton [2009] EWCA Civ 237 (20 March 2009)

High Court (Administrative Court)

Bailey & Ors v Secretary of State for the Home Department [2009] EWHC 562 (Admin) (20 March 2009)

Secretary of State for the Home Department v AT & Anor [2009] EWHC 512 (Admin) (20 March 2009)

London & South Eastern Railway Ltd & Anor v British Transport Police Authority [2009] EWHC 460 (Admin) (20 March 2009)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)

High Court (Queen’s Bench Division)

Toropdar v D [2009] EWHC 567 (QB) (20 March 2009)

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

Source: www.bailii.org

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

Posted March 23rd, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd 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 (BA)(Nigeria) v Secretary of State for the Home Department – Times Law Reports

Posted March 23rd, 2009 in appeals, deportation, law reports by sally

Regina (BA)(Nigeria) v Secretary of State for the Home Department

Court of Appeal

“The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom.”

The Times, 23rd 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 Balshaw – WLR Daily

Posted March 20th, 2009 in costs, law reports, prosecutions by sally

Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102

“Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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

Rottmann v Brittain; In re Rottmann (a bankrupt) – WLR Daily

Posted March 20th, 2009 in bankruptcy, law reports, self-incrimination by sally

Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101

“The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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

King v Director of Serious Fraud Office – WLR Daily

Posted March 20th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100

“The Crown Court’s jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Source: www.lawreports.co.uk

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

Gargett v Lambeth London Borough Council – Times Law Reports

Posted March 20th, 2009 in benefits, housing, law reports, rent by sally

Gargett v Lambeth London Borough Council

Court of Appeal

“An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs payment.”

The Times, 20th 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 (AM and Others) v Secretary of State for the Home Department and Another – Times Law Reports

Posted March 20th, 2009 in detention, human rights, immigration, law reports by sally

Regina (AM and Others) v Secretary of State for the Home Department and Another

Court of Appeal

“Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom’s obligation under article 3 of the European Convention on Human Rights.”

The Times, 20th 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 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chopra v Bindra [2009] EWCA Civ 203 (19 March 2009)

Hatzl & Anor v XL Insurance Company Ltd [2009] EWCA Civ 223 (19 March 2009)

High Court (Queen’s Bench Division)

Byblos International Fund Llc v IFX Markets Ltd [2009] EWHC 346 (QB) (27 February 2009)

High Court (Chancery Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2009] EWHC 497 (Ch) (19 March 2009)

Tamlura NV v CMS Cameron MckEnna [2009] EWHC 538 (Ch) (19 March 2009)

High Court (Administrative Court)

G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin) (18 March 2009)

High Court (Technology and Construction Court)

Resthaven Properties Ltd v Kier Regional Ltd [2009] EWHC 542 (TCC) (05 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

High Court (Chancery Division)

Menolly Investments 3 Sarl v Cerep Sarl [2009] EWHC 516 (Ch) (18 March 2009)

High Court (Family Division)

Bury Metropolitan Borough Council v D [2009] EWHC 446 (Fam) (04 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted March 19th, 2009 in law reports by sally

King (Respondent) v Director of the Serious Fraud Office (Appellant) (On Appeal from the Court of Appeal Criminal Division) [2009] UKHL 17 (18 March 2009)

Source: www.parliament.uk

Bole and another v Huntsbuild Ltd and another – WLR Daily

Posted March 19th, 2009 in defective premises, law reports by sally

Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98

“A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was to be construed as extending to defects of quality rendering the dwelling unsuitable for its purpose as well as to dangerous defects, regardless of whether such a defect was confined to one part of the dwelling or whether the effects of the defect were evident at the time when the dwelling was completed; and where there were a number of defects, it was necessary to consider the effect of the defects as a whole.”

WLR Daily, 17th 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.