BAILII: Recent Decisions

Posted October 20th, 2008 in law reports by sally

High Court (Administrative Court)

Rainford, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2474 (Admin) (17 October 2008)

Times Newspapers Ltd v Secretary of State for the Home Department & Anor [2008] EWHC 2455 (Admin) (17 October 2008)

High Court (Chancery Division)

Jones & Ors v Firkin-Flood [2008] EWHC 2417 (Ch) (17 October 2008)

DCC Holdings (UK) Ltd v HM Revenue & Customs [2008] EWHC 2429 (Ch) (17 October 2008)

High Court (Commercial Court)   

Kuwait Oil Tanker Company SAK & Anor v Al Bader & Ors [2008] EWHC 2432 (Comm) (17 October 2008)

Source: www.bailii.org.uk

BAILII: Recent Decisions

Posted October 20th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v AF & Ors [2008] EWCA Civ 1148 (17 October 2008)

Reinwood Ltd v L Brown & Sons Ltd [2008] EWCA Civ 1090 (17 October 2008)

Environment Agency v Ellis [2008] EWCA Civ 1117 (17 October 2008)

Noone, R (on the application of) v HMP Drake Hall & Anor [2008] EWCA Civ 1097 (17 October 2008)

Source: www.bailii.org.uk

Commissioners of Revenue and Customs v Khawaja – Times Law Reports

Posted October 20th, 2008 in income tax, law reports, negligence, standard of proof by sally

Commissioners of Revenue and Customs v Khawaja

Chancery Division

“There was no reason in principle why the civil standard of proof should not apply on a challenge to an assessment of penalty for the negligent submission of income tax returns.”

The Times, 20th October 2008

Source: www.timesonline.co.uk

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

Krysia Maritime Inc v Intership Ltd – Times Law Reports

Posted October 20th, 2008 in Admiralty Court, collisions at sea, costs, law reports by sally

Krysia Maritime Inc v Intership Ltd

Queen’s Bench Division

“There was no rule in the Admiralty Court that, where there was no counterclaim, a claimant found partially at fault should recover only a proportion of its costs according to the percentage of liability of the defendant.”

The Times, 20th October 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 Lavery – Times Law Reports

Posted October 20th, 2008 in law reports, sentencing by sally

Regina v Lavery

Court of Appeal

“There was no reason in principle why an offence taken into consideration, which was more serious than the offence charged, should not result in a higher sentence than would otherwise have been the case.”

The Times, 20th October 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 October 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Dickins v O2 Plc [2008] EWCA Civ 1144 (16 October 2008)

Secretary of State for Business Enterprise & Regulatory Reform v Aaron & Ors [2008] EWCA Civ 1146 (16 October 2008)

Simms v London Borough of Islington [2008] EWCA Civ 1083 (16 October 2008)

Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd & Anor [2008] EWCA Civ 1084 (16 October 2008)

Court of Appeal (Criminal Division)

S & Anor, R. v [2008] EWCA Crim 2177 (09 October 2008)

High Court (Chancery Divison)     

Winters v Mishcon De Reya [2008] EWHC 2419 (Ch) (15 October 2008)

Magical Marking Ltd & Anor v Holly & Ors [2008] EWHC (Ch) 2428 (16 October 2008)

Couwenbergh v Valkova [2008] EWHC 2451 (Ch) (16 October 2008)

High Court (Patents Court)  

Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd & Anor [2008] EWHC 2413 (Pat) (15 October 2008)

Source: www.bailii.org

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others – WLR Daily

Posted October 17th, 2008 in competition, EC law, law reports, restitution, statutory duty by sally

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others [2008] EWCA Civ 1086; [2008] WLR (D) 317

An account of profits could not be awarded on a claim for a non-proprietary tort. Community law neither prevented nor required the recognition in domestic law of a restitutionary award as a remedy for breach of statutory duty.”

WLR Daily, 16th 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.

BAILII : Recent Decisions

Posted October 16th, 2008 in law reports by sally

Court of Appeal (Civil Division)

AS (Pakistan) v Secretary of State for the Home Department [2008] EWCA Civ 1118 (15 October 2008)

High Court (Administrative Division)

Saunders & Anor, R (on the application of) v The Association of Chief Police Officers & Ors [2008] EWHC 2372 (Admin) (10 October 2008)

Edwards, R (on the application of) v Criminal Cases Review Commission [2008] EWHC 2389 (Admin) (13 October 2008)

Source: www.bailii.org.uk

R (Haase) v District Judge Nuttall and another – WLR Daily

Posted October 16th, 2008 in disciplinary procedures, human rights, law reports, prisons, prosecutions by sally

R (Haase) v District Judge Nuttall and another [2008] EWCA Civ 1089; [2008] WLR (D) 316

There was no general requirement that a prosecutor be independent and impartial to comply with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th 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.

Regina (Royal Society for the Prevention of Cruelty to Animals) v Secretary of State for Environment, Food and Rural Affairs – Times Law Reports

Posted October 16th, 2008 in animals, EC law, law reports, slaughter by sally

Regina (Royal Society for the Prevention of Cruelty to Animals) v Secretary of State for Environment, Food and Rural Affairs

Queen’s Bench Division

“The control of dangerous contagious poultry disease by mass slaughter using ventilation shutdown was compatible and proportionate with European Union law.”

The Times, 16th October 2008

Source: www.timesonline.co.uk

P lease note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

L v Human Fertilisation and Embryology Authority – Times Law Reports

Posted October 16th, 2008 in assisted reproduction, consent, EC law, law reports by sally

L v Human Fertilisation and Embryology Authority

Family Division

“Absent effective consent, the court had no power to authorise retrieval or lawful storage of gametes pending a decision of the Human Fertilisation and Embryology Authority on export for further storage and use.”

The Times, 16th October 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 October 15th, 2008 in law reports by sally

High Court (Commercial Court)

Office of Fair Trading v Abbey National Plc & Ors [2008] EWHC 2325 (Comm) (08 October 2008)

High Court (Patents Court)

Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2008] EWHC 2345 (Pat) (13 October 2008)

Source: www.bailii.org

Regina v S(F) and A(S) – Times Law Reports

Posted October 15th, 2008 in encryption, law reports, self-incrimination by sally

Regina v S(F) and A(S)

Court of Appeal

“The key or password which provided access to an encrypted computer file was a fact. It did not constitute an admission of guilt. But knowledge of the key might be incriminating if the data contained incriminating material.”

The Times, 15th October 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 (Davies) v Secretary of State for Communities and Local Government – Times Law Reports

Posted October 15th, 2008 in law reports, planning by sally

Regina (Davies) v Secretary of State for Communities and Local Government

Queen’s Bench Division

“There was a need to introduce a requirement that claimants who wished to make a challenge under section 288 of the Town and Country Planning Act 1990 should have to obtain the court’s permission to do so.”

The Times, 15th October 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 October 14th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & Ors [2008] EWCA Civ 1086 (14 October 2008)

Haase) R (on the application of) v Independent Adjudicator & Anor [2008] EWCA Civ 1089 (14 October 2008)

Tomy (UK) Ltd v Revenue and Customs [2008] EWCA Civ 1085 (14 October 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 14th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Canning-Kishver v Sandwell & West Birmingham Hospitals NHS Trust [2008] EWHC 2384 (QB) (13 October 2008)

High Court (Administrative Court)

Saunders & Anor, R (on the application of) v The Association of Chief Police Officers & Ors [2008] EWHC 2372 (Admin) (10 October 2008)

Source: www:bailii.org

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another – WLR Daily

Posted October 14th, 2008 in complaints, firearms, judicial review, law reports, police by sally

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another; [2008] WLR (D) 315

“The Independent Police Complaints Commission did not act incompatibly with Convention rights in not giving a direction to chief officers to prohibit conferring between officers following a fatal shooting by police officers.”

WLR Daily, 13th 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.

Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily

Posted October 14th, 2008 in law reports, licensing, magistrates by sally

Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314

“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”

WLR Daily, 13th 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.

Regina (C) v Secretary of State for Justice – Times Law Reports

Regina (C) v Secretary of State for Justice

Court of Appeal

“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”

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

Court of Appeal (Criminal Division)

Velev, R v [2008] EWCA Crim 2162 (12 September 2008)

Thomas, R v [2008] EWCA Crim 2151 (18 September 2008)

Saldana, R v [2008] EWCA Crim 2154 (23 September 2008)

Belaid, R v [2008] EWCA Crim 2153 (23 September 2008)

Court of Appeal (Civil Division)

KS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1080 (24 September 2008)

Deutsche Bank AG & Ors v Asia Pacific Broadband Wireless Communications Inc & Anor [2008] EWCA Civ 1091 (13 October 2008)

High Court (Chancery Division)

Tower MCashback LLP 1 & Anor v HM Revenue & Customs [2008] EWHC 2387 (Ch) (13 October 2008)

High Court (Queen’s Bench Division)

Mahdi & Ors v Al-Habi & Ors [2008] EWHC 2374 (QB) (09 September 2008)

High Court (Administrative Court)

Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

P, R (on the application of) v Haringey London Borough Council [2008] EWHC 2357 (Admin) (15 September 2008)

Kennedy, R (on the application of) v Able UK Ltd (Health & Safety Executive of) [2008] EWHC 2313 (Admin) (29 September 2008)

Edwards, R (on the application of) v Criminal Cases Review Commission [2008] EWHC 2389 (Admin) (13 October 2008)

High Court (Commercial Court)

Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)

High Court (Technology and Construction Court)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2008] EWHC 2379 (TCC) (10 October 2008)

Source: www.bailii.org