law reports – Page 298 – Current Awareness

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

Posted December 17th, 2008 in admissibility, anonymity, law reports, witnesses by sally

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

“In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”

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.

Finch and another v Richardson – WLR Daily

Posted December 17th, 2008 in elections, expenses, law reports, local government by sally

Finch and another v Richardson [2008] EWHC 3067 (QB); [2008] WLR (D) 389

“For the purposes of provisions in the Representation of the People Act 1983 in relation to illegal practices and to errors or false statements in declarations, ignorance of the law could constitute ‘inadvertence’ so as to provide an excuse for such errors and statements.”

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.

R v Goldshield Group plc and others – WLR Daily

Posted December 17th, 2008 in conspiracy, fraud, indictments, law reports, price fixing by sally

R v Goldshield Group plc and others [2008] UKHL 17; [2008] WLR (D) 388

“An allegation of price fixing carried out in circumstances of secretive and deceptive behaviour was insufficient of itself to found a charge of conspiracy to defraud. It was necessary to isolate and charge specific aggravating elements which would elevate price fixing into an indictable conspiracy to defraud.”

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.

Earl Cadogan and Another v Sportelli and Another and Other Appeals – Times Law Reports

Posted December 17th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and Another v Sportelli and Another and Other Appeals

House of Lords

“Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement.”

The Times, 17th 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.

BAILII: Recent Decisions

Posted December 16th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Underwood v HM Revenue & Customs [2008] EWCA Civ 1423 (15 December 2008)

Source: www.bailii.org

R v Winters – WLR Daily

Posted December 16th, 2008 in confiscation, drug trafficking, law reports by sally

R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387

“For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

WLR Daily, 15th 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.

Savage v South Essex Partnership NHS Foundation Trust – WLR Daily

Posted December 16th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386

“Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”

WLR Daily, 15th 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.

Morshead Mansions Ltd v Di Marco – WLR Daily

Posted December 16th, 2008 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384

“There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the members of a company landlord, in which all the tenants were shareholders, to the company under separate contracts made in and pursuant to the articles of association, to establish and recover contributions to a recovery fund.”

WLR Daily, 15th 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.

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily

Posted December 16th, 2008 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening)[2008] EWCA Civ 1375; [2008] WLR (D) 383

“The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”

WLR Daily, 15th 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.

In re M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

Posted December 16th, 2008 in judgments, law reports, reasons by sally

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th 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.

Regina v Chargot and Others – Times Law Reports

Posted December 16th, 2008 in burden of proof, health & safety, law reports by sally

Regina v Chargot and Others

House of Lords

“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

The Times, 16th 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

BAILII: Recent Decisions

Posted December 15th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Mayers & Ors, R v [2008] EWCA Crim 1418 (12 December 2008)

High Court (Queen’s Bench Division)

Elton John v Guardian News & Media Ltd [2008] EWHC 3066 (QB) (12 December 2008)

Finch & Anor v Richardson [2008] EWHC 3067 (QB) (12 December 2008)

Warren v Hide [2008] EWHC 3049 (QB) (12 December 2008)

High Court (Technology and Construction Court)

Farm Assist Ltd v Secretary of State for Environment Food & Rural Affairs [2008] EWHC 3079 (TCC) (12 December 2008)

High Court (Patents Court)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3026 (Pat) (05 December 2008)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3025 (Pat) (05 December 2008)

Source: www.bailii.org

Knowsley Housing Trust v White; Shepherds Bush Housing Association v Porter; Islington London Borough Council v Honeygan-Green – Times Law Reports

Posted December 15th, 2008 in law reports, repossession by sally

Knowsley Housing Trust v White; Shepherds Bush Housing Association v Porter; Islington London Borough Council v Honeygan-Green

House of Lords

“An assured tenancy subject to a possession order ended only when possession was delivered up.”

The Times, 15th 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.

More solicitors to face tribunal over coalminers’ scandal – The Times

Posted December 15th, 2008 in claims management, disciplinary procedures, industrial injuries, law reports, miners, news, solicitors by sally

“Solicitors across Britain are bracing themselves for further sanctions over the coalminers’ compensation scandal that led to two lawyers being struck off for dishonesty.”

Full story

The Times, 13th December 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375 (11 December 2008)

Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1374 (11 December 2008)

T-Mobile (UK) Ltd. & Anor v Office of Communications [2008] EWCA Civ 1373 (12 December 2008)

Court of Appeal (Criminal Division)

Stannard & Ors, R v [2008] EWCA Crim 2789 (26 November 2008)

PM v R. [2008] EWCA Crim 2787 (26 November 2008)

C & Ors, R v [2008] EWCA Crim 2790 (26 November 2008)

JS v Regina [2008] EWCA Crim 2788 (26 November 2008)

A, R v [2008] EWCA Crim 2908 (01 December 2008)

Sanchez, R. v [2008] EWCA Crim 2936 (05 December 2008)

Ward, R v [2008] EWCA Crim 2955 (11 December 2008)

High Court (Administrative Court)

Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin) (11 December 2008)

Veerasingam v SSHD [2008] EWHC 3044 (Admin) (11 December 2008)

Mortell v Secretary of State for Communities and Local Government [2008] EWHC 3022 (Admin) (12 December 2008)

Derwent Holdings Ltd v Liverpool City Council [2008] EWHC 3023 (Admin) (12 December 2008)

High Court (Chancery Division)

Hotel Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Ors [2008] EWHC 3032 (Ch) (09 December 2008)

High Court (Commercial Court)

Sheffield United Football Club Ltd v West Ham United Football Club Plc [2008] EWHC 2855 (Comm) (26 November 2008)

Van Der Giessen-De-Noord Shipbuiilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) (26 November 2008)

Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)

Cavell USA Inc & Anor v Seaton Insurance Company & Anor [2008] EWHC 3043 (Comm) (11 December 2008)

High Court (Queen’s Bench Division)

Crossley & Anor v Newsquest (Midlands South) Ltd [2008] EWHC 3054 (QB) (11 December 2008)

Source: www.bailii.org

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green – WLR Daily

Posted December 12th, 2008 in law reports, repossession by sally

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green: [2008] UKHL 70

“On a proper construction of Part I of the Housing Act 1988 an assured tenancy subject to a possession order ended only when the order was executed.”

WLR Daily, 11th 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.

CL (Vietnam) v Secretary of State for the Home Department – WLR Daily

Posted December 12th, 2008 in asylum, children, law reports by sally

CL (Vietnam) v Secretary of State for the Home Department; [2008] WLR (D) 381

“On an appeal by an uaccompanied child seeking asylum, against the refusal of his claim and removal directions, an immigration judge was required to determine the adequacy of reception facilities for the child on return as part of the consideration of that child’s human rights. It was not solely a matter for the Secretary of State’s determination.”

WLR Daily, 11th 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.

Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports

Posted December 12th, 2008 in extradition, human rights, law reports by sally

Regina (Wellington) v Secretary of State for the Home Department

House of Lords

“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”

The Times, 12th 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.