Category: law reports

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted January 30th, 2009 in human rights, law reports, parole, release on licence by sally

Regina (Black) v Secretary of State for Justice

House of Lords

“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”

The Times, 30th January 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 January 29th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ETS v BT [2009] EWCA Civ 20 (28 January 2009)

Kennedy, R (on the application of) v The Health and Safety Executive [2009] EWCA Civ 25 (28 January 2009)

Buglife -The Invertebrate Conservation Trust, R (on the application of) v Thurrock Thames Gateway Development Corporation & Anor [2009] EWCA Civ 29 (28 January 2009)

The United States Securities and Exchange Commission v Manterfield [2009] EWCA Civ 27 (28 January 2009)

High Court (Technology and Construction Court)

Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC) (21 January 2009)

Bovis Lend Lease Ltd v The Trustees of the London Clinic [2009] EWHC 64 (TCC) (28 January 2009)

Source: www.bailii.org

Persche v Finanzamt Lüdenscheid – WLR Daily

Posted January 29th, 2009 in charities, EC law, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27

“It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”

WLR Daily, 28th January 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.

Austin v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26

“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

WLR Daily, 28th January 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.

Austin v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis

House of Lords

“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

The Times, 29th January 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 January 28th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Greenland Bank Ltd v American Express Bank Ltd [2009] EWCA Civ 14 (27 January 2009)

High Court (Administrative Court)

J G Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009)

Caldarelli, R (on the application of) v City of Westminster Magistrates Court & Anor [2009] EWHC 107 (Admin) (27 January 2009)

B, R (on the application of) v Director of Public Prosecutions & Anor [2009] EWHC 106 (Admin) (27 January 2009)

Aruliraivan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 30 (Admin) (27 January 2009)

Source: www.bailii.org

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) – WLR Daily

Posted January 28th, 2009 in Crown Prosecution Service, law reports, mental health, prosecutions, victims by sally

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25

“The decision to abandon a prosecution because of the victim’s mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim’s rights under art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 27th January 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 (The Electoral Commission) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 28th, 2009 in elections, forfeiture, law reports, political parties by sally

R (The Electoral Commission) v City of Westminster Magistrates’ Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24

“There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so.”

WLR Daily, 27th January 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.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted January 28th, 2009 in criminal procedure, law reports, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23

“The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”

WLR Daily, 26th January 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.

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th January 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 January 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)

High Court (Administrative Court)

Amber Valley Borough Council v Secretary of State for Communities and Local Government [2009] EWHC 80 (Admin) (23 January 2009)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)

Source: www.bailii.org

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22

“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”

WLR Daily, 26th January 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.

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 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 (Wright and others) v Secretary of State for Health and another – WLR Daily

Posted January 27th, 2009 in care workers, human rights, law reports by sally

R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20

“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”

WLR Daily, 26th January 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 (Black) v Secretary of State for Justice – WLR Daily

Posted January 27th, 2009 in human rights, law reports, prisons, release on licence by sally

R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19

“S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not infringe art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 26th January 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.

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted January 27th, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 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 January 26th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd & Anor [2009] EWCA Civ 16 (23 January 2009)

Adorian v The Commissioner of Police of the Metropolis [2009] EWCA Civ 18 (23 January 2009)

MS (Palestinian Territories) v Secretary of State for the Home Department [2009] EWCA Civ 17 (23 January 2009)

High Court (Administrative Court)

Merseyside Police Authority v Police Medical Appeal Board & Ors [2009] EWHC 88 (Admin) (23 January 2009)

Alam v London Borough of Tower Hamlets [2009] EWHC 44 (Admin) (23 January 2009)

Friends of Basildon Golf Course v Basildon District Council & Anor [2009] EWHC 66 (Admin) (23 January 2009)

High Court (Chancery Division) 

Clarence House Ltd v National Westminster Bank Plc [2009] EWHC 77 (Ch) (23 January 2009)

HM Revenue & Customs v FLIR Systems AB [2009] EWHC 82 (Ch) (23 January 2009)

High Court (Patents Court)

Laboratorios Almirall SA v Boehringer Ingelheim International GmbH [2009] EWHC B1 (Pat) (23 January 2009)       

High Court (Queen’s Bench Division)

Goby (A Child) v Ferguson [2009] EWHC 92 (QB) (23 January 2009)

Maher & Anor v Groupama Grand EST [2009] EWHC 38 (QB) (23 January 2009)

High Court (Technology and Construction Court)

Dorchester Hotel Ltd v Vivid Interiors Ltd [2009] EWHC 70 (TCC) (19 January 2009)

Source: www.bailii.org

R (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 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 Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee – Times Law Reports

Posted January 26th, 2009 in burglary, law reports, sentencing, victims by sally

Regina v Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee

Court of Appeal

“When sentencing defendants for domestic burglary, the judge should have in mind the impact of the offence on the victim, as well as the culpability of the defendant.”

The Times, 26th January 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.

R v Kousar – WLR Daily

Posted January 23rd, 2009 in law reports, trade marks by sally

R v Kousar [2008]; [2009] WLR (D) 16

“A wife who shared the matrimonial home with her husband, whom she knew was storing merchandise from his business at home, but acquiesced in it being there and did not demand he remove it, was not in control or possession of the goods within the meaning of s 92(1)(c) of the Trade Marks Act 1994.”

WLR Daily, 22nd January 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.