Category: law reports

R (Perinpanathan) v City of Westminster Magistrates’ Court – WLR Daily

Posted March 13th, 2009 in costs, forfeiture, law reports, magistrates by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court; [2009] WLR (D) 92

“In exercising its power under s 64(1) Magistrates’ Court Act 1980 to make ‘such order as to costs … as it thinks just and reasonable’ a magistrates’ court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had reasonably been made.”

WLR Daily, 12th 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.

Ofulue v Bossert – WLR Daily

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91

“An offer by a squatter to buy the property from the owners in a letter marked ‘without prejudice’ could not be used as evidence that she had acknowledged the owners’ title to the property so as to defeat her claim to adverse possession.”

WLR Daily, 12th March 2009

Source: www.lawreprots.co.uk

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

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – WLR Daily

Posted March 13th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same [2009] UKHL 15; [2009] WLR(D) 90

“The Regulation of Investigatory Powers Act 2000 (‘RIPA’) permitted covert surveillance of communications between lawyers and their clients covered by legal professional privilege and notwithstanding any statutory rights of persons in custody to consult privately with their lawyers.”

WLR Daily, 12th 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.

Ofulue and Another v Bossert – Times Law Reports

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

Ofulue and Another v Bossert

House of Lords

“Where an occupier disputing possession proceedings made an offer to the owners to buy the property in a ‘without prejudice’ letter, which was rejected, but later claimed that the title of the property had passed to her because of 12 years’ adverse possession, the owners could not rely on the letter as evidence that she had acknowledged their title to the property so as to defeat her claim.”

The Times, 13th 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 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Prizedome Ltd & Anor v Revenue & Customs [2009] EWCA Civ 177 (12 March 2009)

High Court (Chancery Division)

Umbro International Ltd v Revenue & Customs [2009] EWHC 438 (Ch) (12 March 2009)

Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)

J, Re (Enduring Power of Attorney) [2009] EWHC 436 (Ch) (12 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 12th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pullen, R. v [2009] EWCA Crim 380 (20 February 2009)

Dixie, R. v [2009] EWCA Crim 188 (03 February 2009)

Cahill, R. v [2009] EWCA Crim 420 (26 February 2009)

High Court (Chancery Division)

Dean & Dean (A Firm) v Angel Airlines SA & Ors [2009] EWHC 447 (Ch) (11 March 2009)

Red River (UK) Ltd & Anor v Sheikh & Anor [2009] EWHC 431 (Ch) (09 March 2009)

High Court (Patents Court)

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

Source: www.bailii.org

Tann v Herrington – WLR Daily

Posted March 12th, 2009 in insurance, law reports, negligence, partnerships by sally

Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89

“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”

WLR Daily, 11th 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 v Seddon – WLR Daily

Posted March 12th, 2009 in bail, extradition, law reports, warrants by sally

R v Seddon; [2009] WLR (D) 88

“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”

WLR Daily, 11th 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.

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th 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.

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – Times Law Reports

Posted March 12th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same

House of Lords

“Covert surveillance of communications between lawyers and their clients, covered by legal professional privilege, was permitted under the Regulation of Investigatory Powers Act 2000, notwithstanding any statutory rights of persons in custody to consult their lawyers in private.”

The Times, 12th 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 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Tucke & Anor (Joint Supervisors of Energy Holdings (No 3)) v Gold Fields Mining Llc [2009] EWCA Civ 173 (11 March 2009)

TE (Eritrea) v Secretary of State for the Home Department [2009] EWCA Civ 174 (11 March 2009)

Youell & Ors v La Reunion Aerienne & Ors [2009] EWCA Civ 175 (11 March 2009)

Secretary of State for Communities and Local Government v Bovale Ltd & Anor [2009] EWCA Civ 171 (11 March 2009)

High Court (Chancery Division)

The British Association for Shooting & Conservation Ltd v Revenue and Customs [2009] EWHC 399 (Ch) (06 March 2009)

High Court (Administrative Court)

Novin v Secretary of State for the Home Department [2009] EWHC 443 (Admin) (10 March 2009)

Source: www.bailii.org

House of Lords Judgments: Whats new?

Posted March 11th, 2009 in law reports by sally

In re McE (Appellant) (Northern Ireland); In re M (Appellant) (Northern Ireland); In re C (AP) and another (AP) (Appellants) (Northern Ireland) [2009] UKHL 15 (11 March 2009)

Ofulue and another (FC) (Appellant) v Bossert (FC) (Respondent) [2009] UKHL 16 (11 March 2009)

Source: www.parliament.uk

R (Parish) v Pensions Ombudsman – WLR Daily

Posted March 11th, 2009 in law reports, maladministration, pensions, tribunals by sally

R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86

“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”

WLR Daily, 9th 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.

Truex v Toll – WLR Daily

Posted March 11th, 2009 in bankruptcy, debts, fees, law reports, solicitors by sally

Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85

“In respect of fees owed to a solicitor by a client, an unliquidated sum did not become liquidated by a mere admission unsupported by consideration.”

WLR Daily, 9th 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.

Times Newspapers Limited (Nos 1 and 2) v United Kingdom – Times Law Reports

Posted March 11th, 2009 in defamation, freedom of expression, human rights, internet, law reports by sally

Times Newspapers Limited (Nos 1 and 2) v United Kingdom

European Court of Human Rights

“The European Court of Human Rights held, unanimously, that a court’s finding that Times Newspapers Ltd had libelled G. L. by the continued publication on its internet site of two articles was not a disproportionate restriction on the newspaper’s freedom of expression, as guaranteed by article 10 of the European Convention on Human Rights.”

The Times, 11th 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.

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening – Times Law Reports

Posted March 11th, 2009 in asylum, children, law reports by sally

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening

Court of Appeal

“Children who were not legally adopted could not rely on concessions for asylum-seekers to enter the UK to stay with their aunt.”

The Times, 11th 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 10th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Work & Pensions v Lassal [2009] EWCA Civ 157 (10 March 2009)

HJ (Iran) v Secretary of State for the Home Department [2009] EWCA Civ 172 (10 March 2009)

Furmans Electrical Contractors v Elecref Ltd [2009] EWCA Civ 170 (10 March 2009)

High Court (Chancery Division)

University of Cambridge v Revenue and Customs [2009] EWHC 434 (Ch) (10 March 2009)

High Court (Administrative Court)

Kituma v Nursing and Midwifery Council [2009] EWHC 373 (Admin) (09 March 2009)

Dwr Cymru Cyfyngedig (Welsh Water), R (on the application of) v The Environment Agency [2009] EWHC 453 (Admin) (10 March 2009)

Source: www.bailii.org

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm) – Times Law Reports

Posted March 10th, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm)

Chancery Division

“Where solicitors were in breach of their undertakings to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry as to the loss suffered by the addressee of the undertakings as the result of their breach.”

The Times, 10th 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.

Banks v Kingston upon Thames London Borough Council – Times Law Reports

Posted March 10th, 2009 in homelessness, housing, law reports by sally

Banks v Kingston upon Thames London Borough Council

Court of Appeal

“A reviewing officer considering an appeal against the refusal of a housing authority of a request for accommodation as a homeless person in priority need should, where he was minded to confirm the refusal on different grounds, give the applicant an opportunity to make further representations.”

The Times, 10th 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 Ovieriakhi – Times Law Reports

Posted March 10th, 2009 in law reports, passports, possession of false identity documents, sentencing by sally

Regina v Ovieriakhi

Court of Appeal, Criminal Division

“Use of a false passport to obtain employment in the United Kingdom would usually attract a custodial sentence but it should be treated less severely than use of a passport to obtain entry to the country.”

The Times, 10th 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.