law reports – Page 302 – Current Awareness

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st 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.

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st 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 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

KJM Superbikes Ltd. v Hinton [2008] EWCA Civ 1280 (20 November 2008)

High Court (Chancery Division)

Cobden Investments Ltd. v RWM Langport Ltd & Ors [2008] EWHC 2810 (Ch) (20 November 2008)

High Court (Queen’s Bench Division)

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 (QB) (18 November 2008)

Clarke (t/a Elumina Iberica UK) v Bain & Anor [2008] EWHC 2636 (QB) (19 November 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 20th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ishaq & Ors, R v [2008] EWCA Crim 2565 (19 November 2008)

Assani, R v [2008] EWCA Crim 2563 (19 November 2008)

Labastide & Anor, R v [2008] EWCA Crim 2564 (19 November 2008)

High Court (Queen’s Bench Division)

White v Withers LLP & Anor [2008] EWHC 2821 (QB) (19 November 2008)

High Court (Administrative Court)

Mubarak v General Medical Council [2008] EWHC 2830 (Admin) (20 November 2008)

High Court (Commercial Court)

Sotrade Denizcilik Sanayi VE Ticaret AS v Amadou Lo & Ors [2008] EWHC 2762 (Comm) (19 November 2008)

Kallang Shipping SA Panama v Axa Assurances Senegal & Anor [2008] EWHC 2761 (Comm) (19 November 2008)

Source: www.bailii.org

Blacklight Power Inc v Comptroller-General of Patents – WLR Daily

Posted November 20th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360

“The correct standard of proof that an applicant was required to satisfy to establish patentability was the balance of probabilities.”

WLR Daily, 19th 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.

Carson and Others v United Kingdom (Application No 42184/05) – Times Law Reports

Posted November 20th, 2008 in domicile, human rights, indexation, law reports, pensions by sally

Carson and Others v United Kingdom (Application No 42184/05)

European Court of Human Rights

“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”

The Times, 20th 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.

E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports

Posted November 19th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

E v Chief Constable of the Royal Ulster Constabulary and Another

House of Lords

“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

The Times, 19th 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 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Sangha & Ors, R. v [2008] EWCA Crim 2562 (18 November 2008)

Whittle & Ors, R. v [2008] EWCA Crim 2560 (14 November 2008)

Headlam & Ors, R. v [2008] EWCA Crim 2578 (10 October 2008)

High Court (Chancery Division)

Reid (Formerly Trading As Reid Minty) v Edwards & Ors [2008] EWHC 2722 (Ch) (07 November 2008)

Samad v Thompson & Anor [2008] EWHC 2809 (Ch) (18 November 2008)

High Court (Administrative Court)

S, R (on the application of) v West Mercia Constabulary & Anor [2008] EWHC 2811 (Admin) (18 November 2008)

High Court (Commercial Court)

Aspen Insurance UK Ltd & Ors v Pectel Ltd [2008] EWHC 2804 (Comm) (18 November 2008)

Club Cruise Entertainment and Travelling Services Europe BV v The Department for Transport [2008] EWHC 2794 (Comm) (18 November 2008)

High Court (Patents Court)

Blacklight Power Inc v The Comptroller-General of Patents [2008] EWHC 2763 (Pat) (18 November 2008)

Source: www.bailii.org

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th 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 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Randhawa & Anor, R. v [2008] EWCA Crim 2599 (22 October 2008)

Court of Appeal (Civil Division)

Wandsworth v Whibley [2008] EWCA Civ 1259 (14 November 2008)

High Court (Queen’s Bench Division)

Farraj & Anor v King’s Healthcare NHS Trust & Anor [2008] EWHC 2468 (QB) (17 October 2008)

High Court (Administrative Court)

Muscat v Health Professions Council [2008] EWHC 2798 (Admin) (14 November 2008)

Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)

Miller & Anor, R (on the application of) v The Independent Assessor [2008] EWHC 2758 (Admin) (13 November 2008)

Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 (Admin) (14 November 2008)

Azzam v The General Medical Council [2008] EWHC 2711 (Admin) (12 November 2008)

High Court (Commercial Court)

CMA CGM SA v Hyundai Mipo Dockyard Co Ltd [2008] EWHC 2791 (Comm) (14 November 2008)

High Court (Patents Court)

Armour Group Plc v Leisuretech Electronics Pty Ltd [2008] EWHC 2797 (Pat) (14 November 2008)

Source: www.bailii.org

Spirerose Ltd (In Administration) v Transport for London – WLR Daily

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358

“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”

WLR Daily, 14th 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.

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening) – WLR Daily

Posted November 17th, 2008 in civil procedure rules, joinder, law reports by sally

Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening)

“The court had jurisdiction under CPR r 19.2(a) to join parties as claimants to national court proceedings in which questions had been referred to the Court of Justice of the European Communities where the joinder applications were solely for the purpose of making submissions to the Court of Justice on the referred questions.”

WLR Daily, 14th 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.

Hussain v Chief Constable of West Mercia Constabulary – Times Law Reports

Posted November 17th, 2008 in law reports, misfeasance in public office by sally

Hussain v Chief Constable of West Mercia Constabulary

Court of Appeal

“Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office.”

The Times, 17th 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 (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted November 17th, 2008 in assisted suicide, law reports, prosecutions by sally

Regina (Purdy) v Director of Public Prosecutions

Queen’s Bench Divisional Court

“The statutory prohibition on assisted suicide did not engage the right to private life protected under article 8.1 of the European Convention on Human Rights.”

The Times, 17th 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 14th, 2008 in law reports by sally

High Court (Chancery Division)

Raymond Saul & Co. (a firm) v Holden & Anor [2008] EWHC 2731 (Ch) (12 November 2008)

High Court (Administrative Court)

Lynch, R (on the application of) v Secretary of State for Justice [2008] EWHC 2697 (Admin) (7 November 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted November 14th, 2008 in law reports by sally

In re E (a child) (AP) (Appellant) (Northern Ireland) [2008] UKHL 66 (12 November 2008)

Zalewska (AP) (Appellant) v Department for Social Development (Respondents) (Northern Ireland) [2008] UKHL 67 (12 November 2008)

Source: www.parliament.uk

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) – WLR Daily

Posted November 14th, 2008 in benefits, EC law, law reports by sally

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D); [2008] WLR (D) 356

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment registered with the Home Office was compatible with European Union law.”

WLR Daily, 13th 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 Hutton Churchyard, Somerset – WLR Daily

Posted November 14th, 2008 in ecclesiastical law, faculties, law reports by sally

In re Hutton Churchyard, Somerset; [2008] WLR (D) 355

“Where responsibility for maintenance of closed churchyards had passed from a parish council to a local authority pursuant to s 215(3) of the Local Government Act 1972 a parish council retained sufficient interest to intervene in faculty proceedings concerning the laying flat of memorials in the churchyards. The duty of “maintenance of the churchyard” imposed on the local authority under s 215(3) was the same as the duty to keep “in decent order” imposed on the parish council under s 215(1) of the 1972 Act. Where memorials had been laid flat this included an obligation (1) to take into account as a primary consideration the safety of memorials (2) to consider as a factor the appearance of the churchyard, but a district council was under no duty to reinstate memorials it had laid flat because of the appearance of the churchyard.”

WLR Daily, 13th 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 Hemming, decd; Raymond Saul & Co (a firm) v Holden and another – WLR Daily

Posted November 14th, 2008 in executors, law reports, trustees in bankruptcy, wills by sally

In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354

“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.”

WLR Daily, 13th 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.