Category: law reports

In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 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.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted November 28th, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366

“An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”

WLR Daily, 26th November 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.

Salsbury v Law Society – WLR Daily

Posted November 28th, 2008 in disciplinary procedures, human rights, law reports, solicitors, tribunals by sally

Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365

“The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”

WLR Daily, 26th November 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.

BAILII: Recent Decisions

Posted November 27th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Small v R [2008] EWCA Crim 2788 (26 November 2008)

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

Court of Appeal (Civil Division)

Peer International Corp & Ors v Editora Musical De Cuba [2008] EWCA Civ 1260 (26 November 2008)

St Ivel Ltd & Anor. v Wincanton Group Ltd [2008] EWCA Civ 1286 (26 November 2008)

Pratt v Aigaion Insurance Company SA [2008] EWCA Civ 1314 (27 November 2008)

Kaczmarek v Secretary of State for Work & Pensions [2008] EWCA Civ 1310 (27 November 2008)

M (Children), Re [2008] EWCA Civ 1261 (19 November 2008)

High Court (Chancery Division)

Bailey v Dargue [2008] EWHC 2903 (Ch) (04 November 2008)

Test Claimants In the FII Group Litigation v HM Revenue & Customs [2008] EWHC 2893 (Ch) (27 November 2008)

High Court (Administrative Court)

Louca v Public Prosecutor In Bielefel, Germany [2008] EWHC 2907 (Admin) (27 November 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)

Source: www.bailii.org

Regina v Whittle; Regina v Allison; Regina v Brammar – Times Law Reports

Posted November 27th, 2008 in law reports, plea bargaining, price fixing, sentencing by sally

Regina v Whittle; Regina v Allison; Regina v Brammar

Court of Appeal (Criminal Division)

“Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.”

The Times, 27th November 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 (Kay) v Commissioner of Police of the Metropolis – Times Law Reports

Posted November 27th, 2008 in law reports, police, public order by sally

Regina (Kay) v Commissioner of Police of the Metropolis

House of Lords

“Since a procession could be commonly or customarily held even though on each occasion it took a different route, a monthly mass cycle ride through London which set off from a fixed starting place but the route of which was determined by whoever happened to be at the front at any one time was such a procession so as to be excluded from the statutory requirement for organisers of public processions to give the police prior notice of the event.”

The Times, 27th November 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 November 26th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

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

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

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted November 26th, 2008 in law reports by sally

Kay (Fc) V Commissioner of The Police of The Metropolis Appellate Committee [2008] UKHL 69 (26 November 2008)

R (On The Application of Jl) V Secretary of State For Justice Appellate Committee [2008] UKHL 68 (26 November 2008)

Source: www.parliament.uk

Regina v Doody – Times Law Reports

Posted November 26th, 2008 in delay, juries, law reports, rape by sally

Regina v Doody

Court of Appeal (Criminal Division)

“Where a defendant raised delay to undermine the credibility of a complainant in a rape case, an appropriate warning to the jury was necessary to ensure fairness to the complainant. ”

The Times, 26th November 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 Moulden – Times Law Reports

Posted November 26th, 2008 in confiscation, indictments, law reports, proceeds of crime by sally

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 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 M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration) – Times Law Report

Posted November 26th, 2008 in children, family courts, immigration, law reports, legal profession by sally

In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration)

Family Division

“Practitioners in family proceedings representing a parent who was also involved in some other relevant matter such as an immigration or housing dispute or criminal case had an ongoing duty to remain au courant with those other issues.”

The Times, 26th November 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 November 25th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Times Newspapers Ltd & Ors v Soldier B [2008] EWCA Crim 2559 (24 October 2008)

Rowe, R. v [2008] EWCA Crim 2712 (04 November 2008)

Court of Appeal (Civil Division)

Sava v SS Global Ltd & Ors [2008] EWCA Civ 1308 (25 November 2008)

Law Society v Salsbury [2008] EWCA Civ 1285 (25 November 2008)

High Court (Administrative Court)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Hasan, R (on the application of) v Secretary of State for Trade and Industry [2008] EWCA Civ 1311 (25 November 2008)

High Court (Administrative Court)

Hilali, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2892 (Admin) (25 November 2008)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Posted November 25th, 2008 in arbitration, law reports, stay of proceedings by sally

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 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 Phonographic Performance Ltd – WLR Daily

Posted November 25th, 2008 in copyright, jurisdiction, law reports, tribunals by sally

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th November 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 (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 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 v Kelleher – Times Law Reports

Posted November 25th, 2008 in environmental protection, law reports, sentencing, waste by sally

Regina v Kelleher

Court of Appeal (Criminal Division)

“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”

The Times, 25th November 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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 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 Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett – Times Law Reports

Posted November 24th, 2008 in grievous bodily harm, law reports, murder, sentencing by sally

Regina v Herbert, Regina v Harris, Regina v Hulme (Joseph), Regina v Hulme (Danny) and Regina v Mallett

Court of Appeal

“Even a definitive sentencing guideline was not to be used or approached as if each offence could be put into a fixed and inflexible compartment. The assessment of the seriousness of an offence involved a broad judgment of the overall criminality.”

The Times, 24th November 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 Height and Regina v Anderson – Times Law Reports

Posted November 24th, 2008 in law reports, murder, sentencing by sally

Regina v Height and Regina v Anderson

Court of Appeal

“The sentencing provisions of the Criminal Justice Act 2003 were not intended to be applied inflexibly. No scheme or guidance or statutory framework could be fully comprehensive, and any system of purported compartmentalisation or prescription had the potential to produce injustice.”

The Times, 24th November 2008

Source: www.timesonline.co.uk

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