Court of Appeal (Criminal Division)
R v Mayers, Glasgow & Ors [2008] EWCA Crim 2989 (12 December 2008)
High Court (Chancery Division)
Vale of Glamorgan Council v Roberts [2008] EWHC 2911 (Ch) (01 December 2008)
Source: www.bailii.org
CL (Vietnam) v Secretary of State for the Home Department
Court of Appeal
“Where an unaccompanied child seeking asylum appealed against the refusal of his claim and removal directions, it was necessary for the immigration judge, when considering that child’s human rights, to determine whether the reception facilities for the child on return were adequate. It was not solely an issue for the Secretary of State for the Home Department to determine.”
The Times, 7th 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.
Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413
“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”
WLR Daily, 5th 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.
Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412
“Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”
WLR Daily, 5th 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.
English v Thomas Sanderson Ltd
Court of Appeal
“Harassment at work on the ground of sexual orientation could occur irrespective of the victim’s actual sexual orientation or the tormentors’ perception of his orientation.”
The Times, 5th 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.
Wandsworth London Borough Council v Webb
Court of Appeal
“It was not reasonable to make a possession order against a secure tenant on the ground that her son, who no longer lived with her, had been prosecuted and acquitted on three occasions of breaching an antisocal behaviour order. ”
The Times, 5th 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.
Court of Appeal (Civil Division)
Barclay v British Airways Plc [2008] EWCA Civ 1419 (18 December 2008)
DL (DRC) v The Entry Clearance Officer, Pretoria [2008] EWCA Civ 1420 (18 December 2008)
Cain v Francis [2008] EWCA Civ 1451 (18 December 2008)
Revenue and Customs v Alan Blackburn Sports Ltd & Anor [2008] EWCA Civ 1454 (18 December 2008)
Ansari v Ansari & Ors [2008] EWCA Civ 1456 (19 December 2008)
Court of Appeal (Criminal Division)
GG Plc, R v (No.2) [2008] EWCA Crim 3061 (18 December 2008)
Moyle v R [2008] EWCA Crim 3059 (18 December 2008)
High Court (Administrative Court)
High Court (Chancery Division)
Hamilton v Monmouthshire County Council & anor [2008] EWHC 3101 (Ch) (18 December 2008)
Mason v Boscawen [2008] EWHC 3100 (Ch) (18 December 2008)
Best Beat Ltd v Mourant & Co Trustees Ltd & Anor [2008] EWHC 3156 (Ch) (18 December 2008)
High Court (Queen’s Bench Division)
Khodari v Al Tamimi [2008] EWHC 3065 (QB) (18 December 2008)
Bray Walker Solicitors (a firm) & Anor v Silvera [2008] EWHC 3147 (QB) (18 December 2008)
High Court (Technology and Construction Court)
Stewart Milne Group Ltd v Protex Corp Ltd [2008] EWHC 3171 (TCC) (16 December 2008)
Source: www.bailii.org
“The service of a notice by a tenant seeking to acquire a new lease of a flat only had the effect of preserving the position pending determination of the claim and did not provide for continuation of the lease of premises in which the flat was contained.”
WLR Daily, 18th December 2008
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 (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398
“The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”
WLR Daily, 18th December 2008
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.
Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397
“A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.”
WLR Daily, 18th December 2008
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.
“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”
Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396
WLR Daily, 18th December 2008
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.
Moriarty and another v Atkinson and others; [2008] WLR (D) 395
“Although a company had been in breach of trust in paying clients’ money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund so that the clients had no proprietary claim in respect of it.”
WLR Daily, 18th December 2008
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.
“Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had taken appropriate steps to reduce the risk to the lowest level reasonably practicable, under reg 4(1)(b)(ii).”
WLR Daily, 18th December 2008
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.
T-Mobile (UK) Ltd and Another v Office of Communications
Court of Appeal
“An appeal from a decision of the Office of Communications (Ofcom) concerning the award of wireless telegraphy licences lay by way of judicial review and not to the Competition Appeal Tribunal.”
The Times, 18th December 2008
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.
High Court (Commercial Court)
High Court (Administrative Court)
High Court (Chancery Division)
Fanmailuk.com Ltd & Anor v Cooper & Ors [2008] EWHC 3131 (Ch) (17 December 2008)
High Court (Technology and Construction Court)
High Court (Queen’s Bench Division)
Parker & Anor v SJ Berwin & Co & Anor [2008] EWHC 3017 (QB) (17 December 2008)
Mardas v New York Times Company & Anor [2008] EWHC 3135 (QB) (17 December 2008)
Source: www.opsi.gov.uk
Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393
“A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the claimant placing telephone bets with them, not to prevent him gambling altogether. The court could not ignore the fact that the claimant would probably have placed ruinous bets with other bookmakers had he been prevented from gambling with the defendant.”
WLR Daily, 17th December 2008
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.
Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392
“Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”
WLR Daily, 17th December 2008
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.
Court of Appeal (Civil Division)
MA v Merck Sharp & DOHME Ltd [2008] EWCA Civ 1426 (16 December 2008)
Animatrix Ltd & Ors v O’Kelly [2008] EWCA Civ 1415 (16 December 2008)
Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427 (16 December 2008)
Allan v Johnson Controls Automative (UK) Ltd [2008] EWCA Civ 1377 (16 December 2008)
Smith & Anor v Muller & Ors [2008] EWCA Civ 1425 (17 December 2008)
Piper & Anor v Wakeford & anor [2008] EWCA Civ 1378 (17 December 2008)
High Court (Queen’s Bench Division)
Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 3129 (QB) (16 December 2008)
Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) (16 December 2008)
Romantiek BVBA v Simms & Ors [2008] EWHC 3099 (QB) (16 December 2008)
High Court (Patents Court)
Ratiopharm GMBH v NAPP Pharmaceutical Holdings Ltd [2008] EWHC 3070 (Pat) (16 December 2008)
High Court (Chancery Division)
Barton v The Church Commissioners for England [2008] EWHC 3091 (Ch) (15 December 2008)
High Court (Administrative Court)
Source: www.bailii.org
T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391
“A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”
WLR Daily, 16th December 2008
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.
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