Category: law reports

Alchemy Estates Ltd v Astor and another – WLR Daily

Posted November 6th, 2008 in assignment, law reports, rescission, sale of goods by sally

Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343

“The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter.”

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.

Regina (Reynolds) v Independent Police Complaints Commission – Times Law Report

Posted November 6th, 2008 in judicial review, law reports, personal injuries, police by sally

Regina (Reynolds) v Independent Police Complaints Commission

Court of Appeal

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty to investigate independently the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

The Times, 6th 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.

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Warner v Verfides (a Firm)

Chancery Division

“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”

The Times, 6th 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.

Hussain v Chief Constable of West Mercia Constabulary – WLR Daily

Posted November 5th, 2008 in law reports, misfeasance in public office by sally

Hussain v Chief Constable of West Mercia Constabulary [2008] EWCA Civ 1205; [2008] WLR (D) 342

“Transient physical symptoms caused by stress or anxiety did not constitute either psychiatric or physical injury so as to amount to material damage for the purposes of the tort of misfeasance in public office.”

WLR Daily, 4th 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.

Helow v Secretary of State for the Home Department and Another – Times Law Reports

Posted November 5th, 2008 in asylum, bias, judiciary, law reports by sally

Helow v Secretary of State for the Home Department and Another

House of Lords

“A judge’s membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist.”

The Times, 5th 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.

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th 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 4th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell & Anor, R. v [2008] EWCA Crim 2552 (04 November 2008)

Chambers, R. v [2008] EWCA Crim 2467 (17 October 2008)

Court of Appeal (Civil Division)

Buglife – The Invertebrate Conservation Trust, R (on the application of) v Thurrock Thames Gateway Development Corp [2008] EWCA Civ 1209 (04 November 2008)

High Court (Chancery Division)

Sibley & Co v Reachbyte Ltd & Anor [2008] EWHC 2665 (Ch) (04 November 2008)

Source: www.bailii.org

Canterbury Hockey Club and Another v Revenue and Customs Commissioners Case C-253/07 – Times Law Reports

Posted November 4th, 2008 in EC law, fees, law reports, sport, VAT by sally

Canterbury Hockey Club and Another v Revenue and Customs Commissioners Case C-253/07

Court of Justice of the European Communities

“Judgment October 16, 2008 Affiliation fees paid by sports clubs to an umbrella organisation in return for services supplied by the organisation were exempt from value-added tax if certain conditions were satisfied.”

The Times, 4th 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.

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others – Times Law Reports

Posted November 4th, 2008 in competition, law reports, restitution, statutory duty by sally

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others

Court of Appeal

“An account of profits could not be awarded on a claim for a nonproprietary tort.”

The Times, 4th 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 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Hussain v West Mercia Constabulary [2008] EWCA Civ 1205 (03 November 2008)

High Court (Chancery Division)

Corbett v Nysir UK Ltd [2008] EWHC B19 (Ch) (31 October 2008)

Beechwood Construction Ltd v Afza & Anor [2008] EWHC B18 (Ch) (31 October 2008)

High Court (Administrative Court)

Kavetuna, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2598 (Admin) (07 October 2008)

High Court (Technology and Construction Court

Liberty Mercian Ltd v Dean & Dyball Construction Ltd [2008] EWHC 2617 (TCC) (31 October 2008)

Source: www.bailii.org

Birmingham City Council v Shafi and another – WLR Daily

Posted November 3rd, 2008 in ASBOs, injunctions, law reports by sally

Birmingham City Council v Shafi and another [2008] EWCA Civ 1186; [2008] WLR (D) 341

“Where a council sought an injunction under s 222 of the Local Government Act 1972 in circumstances in which an anti-social behaviour order (ASBO) would be available, the court should not, save in an exceptional case, grant the injunction but leave the council to seek an ASBO in the magistrates’ court.”

WLR Daily, 31st October 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.

Ignaoua v Judicial Authority of the Courts of Milan – WLR Daily

Posted November 3rd, 2008 in extradition, habeas corpus, jurisdiction, law reports by sally

Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340

“Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1.”

WLR Daily, 31st October 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.

G v HM Treasury; A and others v Same – WLR Daily

Posted November 3rd, 2008 in Crown, law reports, orders in council, terrorism by sally

G v HM Treasury; A and others v Same [2008] EWCA Civ 1187; [2008] WLR (D) 339

“The Terrorism (United Nations Measures) Order 2006 was lawful and validly made under s 1 of the United Nations Act 1946 provided certain words were severed from art 4(2) so that it required the Treasury to show that it had reasonable grounds for suspecting that the person designated was involved in committing or facilitating terrorism and not merely might be such a person. The Al-Qaida and Taliban (United Nations Measures) Order 2006 was also valid and lawful so long as the designated individual was entitled to a merits based review of his case.”

WLR Daily, 31st October 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.

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 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.

Scottish and Newcastle plc v Raguz – Times Law Reports

Posted November 3rd, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

Scottish and Newcastle plc v Raguz

House of Lords

“Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them.”

The Times, 3rd 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 3rd, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Littlewoods Retail Ltd & Ors v Revenue & Customs [2008] EWHC 2622 (QB) (31 October 2008)

High Court (Chancery Division)

Power v Petrus Estates Ltd & Ors [2008] EWHC 2607 (Ch) (31 October 2008)

High Court (Administrative Court)

Ignaoua & Ors v The Judicial Authority of the Courts of Milan & Ors [2008] EWHC 2619 (Admin) (30 October 2008)

West Midlands Probation Board v French [2008] EWHC 2631 (Admin) (31 October 2008)

Purdy, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 2565 (Admin) (29 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Barley, R. v [2008] EWCA Crim 2466 (17 October 2008)

Court of Appeal (Civil Division)

Freeman v Higher Park Farm [2008] EWCA Civ 1185 (30 October 2008)

High Court (Queen’s Bench)

Arab Satellite Communications Organisation v Al Faqih & Anor [2008] EWHC 2568 (QB) (14 October 2008)

Brightlingsea Haven Ltd & Anor v Morris & Ors [2008] EWHC 1928 (QB) (30 October 2008)

High Court (Chancery Division)

British Sky Broadcasting Group Plc & Ors v Sky Home Services Ltd & Ors [2008] EWHC B17 (Ch) (17 October 2008)

High Court (Administrative Court)

Langley v Preston Crown Court & Ors [2008] EWHC 2623 (Admin) (30 October 2008)

Source: www.bailii.org

R (Purdy) v Director of Public Prosecutions – WLR Daily

Posted October 31st, 2008 in assisted suicide, law reports, prosecutions by sally

R (Purdy) v Director of Public Prosecutions [2008] EWHC 2565; [2008] WLR (D) 337

“The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted under s 2(1) of the Suicide Act 1961 for assisting another person to commit suicide.”

WLR Daily, 30th October 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.

Practice Direction (Upper Tribunal: Judicial review jurisdiction) – WLR Daily

Posted October 31st, 2008 in judicial review, jurisdiction, law reports, practice directions, tribunals by sally

Practice Direction (Upper Tribunal: Judicial review jurisdiction); [2008] WLR (D) 336

“Two classes of application to the Upper Tribunal were specified for the purposes of s 18(6) of the Tribunals, Courts and Enforcement Act 2007.”

WLR Daily, 30th October 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.

Scottish & Newcastle plc v Raguz – WLR Daily

Posted October 31st, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

Scottish & Newcastle plc v Raguz [2008] UKHL 65; [2008] WLR (D) 335

“Landlords were not required to serve notices under s 17 of the Landlord and Tenant (Covenants) Act 1995 in respect of rent increases that would become retrospectively payable when rent reviews were completed. Such increases were ‘now due’ within the meaning of s 17.”

WLR Daily, 30th October 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.