Waterman and another v Boyle and another – WLR Daily

Posted March 3rd, 2009 in easements, law reports, parking by sally

Waterman and another v Boyle and another [2009] EWCA Civ 115; [2009] WLR (D) 76

Where there was an express right to park attaching to a property it was most unlikely that a further right to park would arise by implication.”

WLR Daily, 2nd 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.

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) – WLR Daily

Posted March 3rd, 2009 in damages, delay, interest, law reports by sally

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) [2009] EWCA Civ 97; [2009] WLR (D) 75

A ‘notice of an amount of the debt’ within the meaning of s4(5) of the Late Payment of Commercial Debt (Interest) Act 1998 did not have to be correct before the court could award interest for late payment of an invoice.”

WLR Daily, 2nd 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.

Serious Organised Crime Agency v Szepietowski and others – WLR Daily

Posted March 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74

The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”

WLR Daily, 2nd 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.

 

In re B (Minors) (Contact Order: Enforcement) – WLR Daily

Posted March 3rd, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”

WLR Daily, 2nd 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.

 

 

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

Posted March 3rd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and Others

Court of Appeal

“The Office of Fair Trading was entitled to assess the fairness of charges levied on customers by banks because the terms in standard form contracts between banks and their customers concerning specific charges when customers were overdrawn were not part of the core bargain between the customer and the bank.”

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted March 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs [2009] EWCA Civ 97 (27 February 2009)

 Penny & Anor v Digital Structures Ltd [2009] EWCA Civ 144 (02 March 2009)

Morgan & Anor v Hinton Organics (Wessex) Ltd [2009] EWCA Civ 107 (02 March 2009)

Court of Appeal (Criminal Division)  

Williams, R. v [2009] EWCA Crim 107 (27 February 2009)

High Court (Chancery Division)

Serious Organised Crime Agency v Szepietowski & Ors [2009] EWHC 344 (Ch) (27 February 2009)

Bailey v Wood & Ors [2009] EWHC 363 (Ch) (27 February 2009)

High Court (Administrative Court)

The Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 341 (Admin) (27 February 2009)

LG, R (on the application of) v Tom Hood School [2009] EWHC 369 (Admin) (02 March 2009)

Leeside International Inc & Anor, R (on the application of) v London Borough of Tower Hamlets [2009] EWHC 325 (Admin) (02 March 2009)

High Court (Queen’s Bench Division)

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk  

  

 

   

Landlord Protect Ltd v St Anselm Development Co Ltd – WLR Daily

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72

Where the landlord’s consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

WLR Daily, 27th February 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 Communications v Information Comr – WLR Daily

Office of Communications v Information Comr; [2009] WLR (D) 71

When balancing the public interest in maintaining an exception to disclosure of environmental information against the public interest in its disclosure the correct test was to consider whether the aggregate public interest in maintaining the exception outweighed the public interest in disclosure. A benefit arising from unlawful use of disclosed information could be taken into account as an aspect of the public interest in disclosure.”

WLR Daily, 27th February 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.

 

Dobson v Thames Water Utilities Ltd – WLR Daily

Posted March 2nd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70

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 was relevant. An award would normally constitute just satisfaction to the occupier and no further compensation was due under s 8 of the Human Rights Act 1998.”

WLR Daily, 27th February 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 – WLR Daily

Posted March 2nd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 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.

 

G and S Brough Ltd v Salvage Wharf Ltd and Another – Times Law Reports

Posted March 2nd, 2009 in law reports, prescription, right to light by sally

G and S Brough Ltd v Salvage Wharf Ltd and Another

Court of Appeal

“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Landlord Protect Ltd v St Anselm Development Co Ltd – Times Law Reports

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Landlord Protect Ltd v St Anselm Development Co Ltd

Court of Appeal

“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted February 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Abbey National Plc & Ors v The Office of Fair Trading [2009] EWCA Civ 116 (26 February 2009)

Brunel Motor Company Ltd v Revenue and Customs & Anor [2009] EWCA Civ 118 (26 February 2009)

BA (Nigeria), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 119 (26 February 2009)

Lexi Holdings Plc v Luqman & Ors [2009] EWCA Civ 117 (26 February 2009)

A Local Authority v HP & Anor [2009] EWCA Civ 143 (27 February 2009)

Court of Appeal (Criminal Division)

Trafalgar Leisure Ltd v R [2009] EWCA Crim 217 (20 February 2009)

Cotilla, R. v [2009] EWCA Crim 216 (20 February 2009)

High Court (Chancery Division)

Nolan v Wright [2009] EWHC 305 (Ch) (26 February 2009)

Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) (26 February 2009)

High Court (Patents Court)

ratiopharm (UK) Ltd v Alza Corp [2009] EWHC 213 (Pat) (12 February 2009)

High Court (Queen’s Bench Division)   

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk

Craner v Dorset County Council – Times Law Reports

Posted February 27th, 2009 in health & safety, law reports, personal injuries by sally

Craner v Dorset County Council

Court of Appeal

“It was no defence for a county council which left paving slabs uneven, causing injuries to a school caretaker, to say that what had occurred was a freak accident which could not have been prevented or guarded against.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Office of Communications v Information Commissioner – Times Law Reports

Office of Communications v Information Commissioner”>Office of Communications v Information Commissioner

Court of Appeal

“Beneficial consequences flowing from the unlawful use of disclosed information could be taken into account when balancing the public interest in disclosure of environmental information against the statutory exemption from disclosure.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Zipher Ltd v Markem Systems Ltd and Another – Times Law Reports

Posted February 27th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and Another

Court of Appeal

“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Generics (UK) Ltd and others v H Lundbeck A/S – WLR Daily

Posted February 26th, 2009 in law reports, patents by sally

Generics (UK) Ltd and others v H Lundbeck A/S [2009] WLR (D) 68

“A claim for revocation on the ground of insufficiency of a patent in which claims 1 and 3 were to a product consisting of a single chemical compound and claim 6 was to a process for preparing it failed.”

WLR Daily, 25th February 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.

Mitchell and Another v Glasgow City Council – Times Law Reports

Posted February 26th, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell and Another v Glasgow City Council

House of Lords

“Local housing authority landlords were under no duty to warn a neighbour who had received death threats from an abusive tenant that a meeting had been arranged at which he was warned that he would be evicted unless his behaviour improved, after which the abusive tenant inflicted fatal injuries on his neighbour.”

The Times, 26th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

BAILII: Recent Decisions

Posted February 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Khanani, R. v [2009] EWCA Crim 276 (28 January 2009)

Revenue and Customs Prosecutions Office v M [2009] EWCA Crim 214 (21 January 2009)

Court of Appeal (Civil Division)

AM (Somalia), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 114 (25 February 2009)

S & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 334 (25 February 2009)

High Court (Chancery Division)

Slattery v Cabinet Office Civil Service Pensions & Anor [2009] EWHC 226 (Ch) (16 February 2009)

Clearview International Ltd & Ors v PWH Com Ltd & Ors [2009] EWHC 167 (Ch) (06 February 2009)

High Court (Queen’s Bench Division)

Department for Business Enterprise & Regulatory Reform v O’Brien & Anor [2009] EWHC 164 (QB) (10 February 2009)

Thorne v Lass Salt Garvin (A Firm) [2009] EWHC 100 (QB) (28 January 2009)

Roach & Ors v Home Office [2009] EWHC 312 (QB) (25 February 2009)

High Court (Administrative Court)

Farrell, R (on the application of) v Cheshire County Council [2009] EWHC 260 (Admin) (03 February 2009)

Hassan, R (on the application of) v Secretary of State for Defence [2009] EWHC 309 (Admin) (25 February 2009)

The Bard Campaign & Anor v Secretary of State for Communities and Local Government [2009] EWHC 308 (Admin) (25 February 2009)

High Court (Technology and Construction Court)

Linnett v Halliwells Llp [2009] EWHC 319 (TCC) (24 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 25th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Myers, R. v [2009] EWCA Crim 119 (29 January 2009)

Sturt, R. v [2009] EWCA Crim 77 (23 January 2009)

Zeca, R. v [2009] EWCA Crim 133 (21 January 2009)

Grigsby, R. v [2009] EWCA Crim 220 (10 February 2009)

Billingham, R. v [2009] EWCA Crim 19 (23 January 2009)

Chaney v R. [2009] EWCA Crim 21 (23 January 2009)

Z, R. v [2009] EWCA Crim 20 (23 January 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Court of Appeal (Civil Division)

N, R (on the application of) v London Borough of Barking and Dagenham Independent Appeal Panel [2009] EWCA Civ 108 (24 February 2009)

Alford v Cambridgeshire Police [2009] EWCA Civ 100 (24 February 2009)

Hearne, R. v [2009] EWCA Crim 103 (16 January 2009)

Source: www.bailii.org