Category: law reports

R (Wellington) v Secretary of State for the Home Department – WLR Daily

Posted December 11th, 2008 in extradition, human rights, law reports, murder by sally

R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380

“A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in ordering the extradition of an applicant to stand trial in the United States of America.”

WLR Daily, 10th 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 Chargot (trading as Contract Services) and others – WLR Daily

Posted December 11th, 2008 in burden of proof, health & safety, law reports by sally

R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379

“When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was not necessary to identify, allege and prove 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.”

WLR Daily, 10th 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 – WLR Daily

Posted December 11th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378

“In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests.”

WLR Daily, 10th 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 – Times Law Reports

Posted December 11th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust

House of Lords

“The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be at a real and immediate risk of committing suicide from doing so.”

The Times, 11th 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 10th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Crouch, R (on the application of) v Secretary of State for Health [2008] EWCA Civ 1365 (10 December 2008)

Cream Holdings Ltd & Ors v Davenport [2008] EWCA Civ 1363 (09 December 2008)

High Court (Chancery Division)

Kitfix Swallow Group Ltd v Great Gizmos Ltd [2008] EWHC 2723 (Ch) (12 November 2008)

Ellis v Ellis [2008] EWHC 2989 (Ch) (08 December 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2008] EWHC 2848 (Comm) (21 November 2008)

High Court (Technology and Construction Court)

Yoram Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3028 (TCC) (09 December 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted December 10th, 2008 in law reports by sally

Knowsley Housing Trust (Respondents) v White (FC) (Appellant) Honeygan-Green (Respondent) v London Borough of Islington (Appellants) Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) [2008] UKHL 70 (10 December 2008)

Earl Cadogan (Appellant) v Pitts and another (Respondents) and one other action Earl Cadogan and others (Appellants) v Sportelli and another (Respondents) and two other actions [2008] UKHL 71 (10 December 2008)

R (On the Application of Wellington) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 72 (10 December 2008)

R v Chargot Limited (t/a Contract Services) and others (Appellants) (On appeal fromt he Court of Appeal Criminal Division) [2008] UKHL 73 (10 December 2008)

Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellate) [2008] UKHL 74 (10 December 2008)

Source: www.parliament.uk

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted December 10th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The correct standard of proof for establishing patentability was the balance of probabilities.”

The Times, 10th 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.

Club la Costa (UK) plc v Gebhard and Another – Times Law Reports

Posted December 10th, 2008 in defamation, law reports, offer of amends by sally

Club la Costa (UK) plc v Gebhard and Another

Queen’s Bench Division

“An offer to make amends for a defamatory statement could not be valid without the offer or accepting that the specific defamatory meaning contained in the statement complained of was defamatory of the person bringing the complaint.”

The Times, 10th 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.

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Posted December 10th, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th 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.

Craner v Dorset County Council – WLR Daily

Posted December 9th, 2008 in health & safety, law reports by sally

Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377

“Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought his claim under reg 12(3) alleging ‘obstruction’ and the defence was simply that what had occurred was a freak or inexplicable accident which could never have been prevented or guarded against the judge was entitled to find against the council.”

WLR Daily, 8th December 2008

Source: www.lawreports.co.uk

Regina v Stannard; Regina v A; Regina v Clarkson – Times Law Reports

Posted December 9th, 2008 in dangerous offenders, law reports, sentencing by sally

Regina v Stannard; Regina v A; Regina v Clarkson

Court of Appeal (Criminal Division)

“Where a defendant was before the court to be sentenced for offences committed both before and after April 4, 2005, when the dangerous offender provisions of the Criminal Justice Act 2003 came into force, distinct statutory provisions applied but that did not mean that if the offences committed before April 4, 2005 were more serious than those committed after that date a sentence of imprisonment for public protection could not be imposed.”

The Times, 9th 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.

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another – Times Law Reports

Posted December 9th, 2008 in bankruptcy, law reports, wills by sally

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another

Chancery Division

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

The Times, 9th 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.

Lewis and Another v Metropolitan Property Realizations Ltd – Times Law Reports

Posted December 9th, 2008 in law reports, trustees in bankruptcy by sally

Lewis and Another v Metropolitan Property Realizations Ltd

Chancery Division

“A trustee in bankruptcy who sold the estate’s interest for deferred contingent consideration ‘realised’ the interest within the meaning of section 283A(3)(a) of the Insolvency Act 1986.”

The Times, 9th 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 8th, 2008 in law reports by sally

High Court (Administrative Court)

Boggis & Anor, R (on the application of) v Natural England & Anor [2008] EWHC 2954 (Admin) (05 December 2008)

Hutchinson v General Dental Council [2008] EWHC 2896 (Admin) (28 November 2008)

Source: www.bailii.org

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04) – Times Law Reports

Posted December 8th, 2008 in data protection, DNA, human rights, law reports by sally

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)

European Court of Human Rights

“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”

The Times, 8th 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 5th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Jeffrey, R. v [2008] EWCA Crim 2361 (21 November 2008)

Court of Appeal (Civil Division)

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

Assura Pharmacy Ltd, R (on the application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit) [2008] EWCA Civ 1356 (05 December 2008)

Craner v Dorset County Council [2008] EWCA Civ 1323 (05 December 2008)

Source: www.bailii.org

Regina v Davison – Times Law Reports

Posted December 5th, 2008 in community service, law reports, sentencing by sally

Regina v Davison

Court of Appeal (Criminal Division)

“The length of a community order was not necessarily governed by how long it took the offender to carry out a specified task.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.

BAILII : Recent Decisions

Posted December 4th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)

Source: www.bailli.org

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Source: www.lawreports.co.uk