law reports – Page 303 – Current Awareness

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Posted November 14th, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

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.

Zalewska v Department for Social Development – Times Law Reports

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

Zalewska v Department for Social Development

House of Lords

“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 not incompatible with European Union law.”

The Times, 14th 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 Stringfellow – Times Law Reports

Posted November 14th, 2008 in criminal procedure, juries, law reports by sally

Regina v Stringfellow

Court of Appeal (Criminal Division)

“Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal.”

The Times, 14th 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 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Transport for London v Spirerose Ltd (In Administration) [2008] EWCA Civ 1230 (13 November 2008)

NB (Guinea) & Anor v Secretary of State for the Home Dept [2008] EWCA Civ 1229 (13 November 2008)

High Court (Commercial Court)

Rayden & Anor v Edwardo Ltd & Anor [2008] EWHC 2689 (Comm) (05 November 2008)

Source: www.bailii.org

R v Moulden – WLR Daily

Posted November 13th, 2008 in indictments, law reports, proceeds of crime, sentencing by sally

R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352

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

WLR Daily, 12th 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.

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily

Posted November 13th, 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 (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351

“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and 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.”

WLR Daily, 12th 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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

Posted November 12th, 2008 in arbitration, enforcement, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 12th 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.

G v HM Treasury A and Others v Same – Times Law Reports

Posted November 12th, 2008 in law reports, orders in council, terrorism by sally

G v HM Treasury A and Others v Same

Court of Appeal

“Two antiterror Orders in Council made under section 1 of the United Nations Act 1946 to implement Security Council resolutions were lawful and valid, subject to important conditions.”

The Times, 12th 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 Decisons

Posted November 11th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Midill (97pl) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)

High Court (Queen’s Bench Division)

Williams v Thompson Leatherdale (a firm)& Anor [2008] EWHC 2574 (QB) (10 November 2008)

High Court (Technology and Construction Court)

Hayes & Anor (t/a Orchard Construction) v Gallant [2008] EWHC 2726 (TCC) (10 November 2008)

Source: www.bailii.org

R (Bassetlaw District Council) v Worksop Magistrates’ Court – WLR Daily

Posted November 11th, 2008 in law reports, licensing by sally

R (Bassetlaw District Council) v Worksop Magistrates’ Court; [2008] WLR (D) 350

“On the determination under s 52 Licensing Act 2003 of an application for review of a premises licence in circumstances involving criminal conduct connected with the licensed premises, consideration must be given to what was necessary to promote the objective of crime prevention, and to the needs of the wider community, and not be limited to guidance and remedial action and to the needs of the licence-holders.”

WLR Daily, 10th 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.

Ali v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Ali v Birmingham City Council; Ibrahim v Birmingham City Council [2008] EWCA Civ 1228; [2008] WLR (D) 349

“A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”

WLR Daily, 10th 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 (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted November 11th, 2008 in fees, judicial review, law reports, protective costs orders by sally

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn [2008] EWCA Civ 1209; [2008] WLR (D) 348

“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”

WLR Daily, 10th 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.

Boreh v Ealing London Borough Council – Times Law Reports

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council

Court of Appeal

“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”

The Times, 11th 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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

Posted November 11th, 2008 in arbitration, enforcement, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 11th 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 (Noone) v Governor of Drake Hall Prison and Another – Times Law Reports

Posted November 10th, 2008 in law reports, prisons, release on licence by sally

Regina (Noone) v Governor of Drake Hall Prison and Another

Court of Appeal

“Where a sentence of differing terms of imprisonment was passed in respect of a number of offences, some under the Criminal Justice Act 1991 and others under the Criminal Justice Act 2003, any terms imposed for less than 12 months would be governed by the 1991 Act, but for those over 12 months the governing statute would depend on whether the offence was committed before or after April 4, 2005.”

The Times, 10th 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.

Secretary of State for Business, Enterprise and Regulatory Reform v Aaron and Others – Times Law Reports

Posted November 10th, 2008 in law reports by sally

Secretary of State for Business, Enterprise and Regulatory Reform v Aaron and Others

Court of Appeal

“In company director disqualification proceedings, the Secretary of State for Business, Enterprise and Regulatory Reform could not rely on findings of fact by the Financial Ombudsman Service but he could rely on facts and opinions expressed by the Financial Services Authority.”

The Times, 10th 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 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

JD, R v [2008] EWCA Crim 2557 (24 October 2008)

Court of Appeal (Civil Division)

Ali v Birmingham City Council [2008] EWCA Civ 1228 (07 November 2008)

High Court (Administrative Court)

Roberts, R (on the application of) v The Parole Board for England and Wales & Anor [2008] EWHC 2714 (Admin) (07 November 2008)

Source: www.bailii.org

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others – WLR Daily

Posted November 7th, 2008 in contracts, insurance, law reports, negligence, notification by sally

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others; [2008] WLR (D) 344

“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”

WLR Daily, 6th 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.