law reports – Page 315 – Current Awareness

“Information supplied by applicants for animal experimentation licences was exempt from disclosure under the Freedom of Information Act 2000 if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence, which was a subjective test requiring consideration of the position when the information was given and the intentions of the giver at that time, rather than an objective test derived from the law of confidentiality.”

WLR Daily, 31st July 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 (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) – WLR Daily

Posted August 1st, 2008 in human rights, immigration, law reports, marriage by sally

R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53; [2008] WLR (D) 272

“The statutory scheme requiring the Secretary of State’s permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by art 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms, scheduled to the Human Rights Act 1998.”

WLR Daily, 31st July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR sereis the corresponding WLR Daily summary is removed.

Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Posted August 1st, 2008 in duty of care, law reports, police, witnesses by sally

Van Colle and Another v Chief Constable of Hertfordshire Constabulary

House of Lords

“The test for considering whether the state had violated its obligation to protect life under article 2 of the European Convention on Human Rights was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

The Times, 1st August 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 July 31st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell v Revenue & Customs Prosecutions Office & Anor [2008] EWCA Crim 1741 (30 July 2008)

S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)

Court of Appeal (Civil Division)

Lifely v Lifely [2008] EWCA Civ 904 (30 July 2008)

KH (Sudan) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 887 (30 July 2008)

Donaldson v O’Sullivan [2008] EWCA Civ 879 (30 July 2008)

British Union for the Abolition of Vivisection v Home Office & Anor [2008] EWCA Civ 870 (30 July 2008)

Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)

Birmingham City Council v Lee [2008] EWCA Civ 891 (30 July 2008)

NF (Ghana) v Secretary of State for the Home Department [2008] EWCA Civ 906 (30 July 2008)

LS (Uzbekistan) v Secretary of State for the Home Department [2008] EWCA Civ 909 (30 July 2008)

High Court (Administrative Division)

Basi & Anor v London Borough of Redbridge [2008] EWHC 1699 (Admin) (16 July 2008)

High Court (Commercial Court)

Ace Capital Ltd v CMS Energy Corporation [2008] EWHC 1843 (Comm) (30 July 2008)

Source: www.bailii.org

R (Securiplan plc) v Security Industry Authority – WLR Daily

Posted July 31st, 2008 in judicial review, law reports, prosecutions, security companies by sally

R (Securiplan plc) v Security Industry Authority [2008] EWHC 1762 (Admin); [2008] WLR (D) 271

“Despite the absence of any express powers under the Private Security Industry Act 2001, the Security Industry Authority, the body established under the 2001 Act to carry out licensing, monitoring and inspection functions, had power to prosecute alleged offences under that Act.”

WLR Daily, 30th July 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.

Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily

Posted July 31st, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883

“Where medical science could not establish the probability that ‘but for’ an act of negligence an injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

WLR Daily, 30th July 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.

Cantrell v Wycombe District Council – WLR Daily

Posted July 31st, 2008 in law reports, positive covenants by sally

Cantrell v Wycombe District Council [2008] EWCA Civ 866; [2008] WLR (D) 269

“A positive convenant could not be enforced against the successor in title of the covenantor in common law even though the agreement had been made with express reference to s 609 of the Housing Act 1985 to disapply the common law prohibition. Parliament had not intended s 609 to displace the common law.”

WLR Daily, 30th July 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 (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) – WLR Daily

Posted July 31st, 2008 in bribery, corruption, law reports, Saudi Arabia, Serious Fraud Office by sally

R (Corner House Research and another) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60; [2008] WLR (D) 267

“Where, following threats by a foreign state as to the consequences, affecting national security, if he pursued an investigation into alleged corruption, the Director of the Serious Fraud Office had discontinued it, he had been entitled in his discretion to do so.”

WLR Daily, 30th July 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.

McKinnon v Government of the United States of America – WLR Daily

Posted July 31st, 2008 in abuse of process, extradition, law reports, plea bargaining by sally

McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266

“A foreign prosecuting authority’s plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

WLR Daily, 30th July 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.

Mason v Ministry of Justice – WLR Daily

Posted July 31st, 2008 in human rights, law reports, parole, prisons by sally

Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265

“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”

WLR Daily, 30th July 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 (Corner House Research and Another) v Director of the Serious Fraud Office – Times Law Reports

Posted July 31st, 2008 in bribery, corruption, law reports, Saudi Arabia, Serious Fraud Office by sally

Regina (Corner House Research and Another) v Director of the Serious Fraud Office

House of Lords

“Where he took the view that protecting the lives of British citizens outweighed the public interest in pursuing an investigation into allegations of corruption, the Director of the Serious Fraud Office had been entitled to exercise his discretion to discontinue the corruption investigation following threats by a foreign state as to consequences affecting national security if he did not do so.”

The Times, 31st July 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.

House of Lords Judgments: What’s new?

Posted July 30th, 2008 in law reports by sally

Van Colle (administrator of the estate of GC (deceased)) and another (Original-Respondents and Cross-appellants) v Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent) Smith (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50 (30 July 2008)

Caldarelli (Appellant) v Court of Naples (Respondent) (Criminal Appeal from her Majesty’s High Court of Justice) [2008] UKHL 51 (30 July 2008)

R (on the application of M) (FC) (Respondent) v Slough Borough Council (Appellants) [2008] UKHL 52 (30 July 2008)

R (on the application of Baiai and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action (formerly R (on the application of Trzcinska and others) (Respondents) v Secretary of State for the Home Department (Appellant) and one other action [2008] UKHL 53 (30 July 2008)

Maco Door and Windows Hardware (UK) Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) [2008] UKHL 54 (30 July 2008)

Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 (30 July 2008)

Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day saints (Appellants) [2008] UKHL 56 (30 July 2008)

Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UKHL 57 (30 July 2008)

R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UKHL 58 (30 July 2008)

McKinnon (Appellant) v Government of the United States of America (Respondents) and another [2008] UKHL 59 (30 July 2008)

R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty’s High Court of Justice) [2008] UKHL 60 (30 July 2008)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted July 30th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Khyam & Ors,R v [2008] EWCA Crim 1612 (23 July 2008)

Court of Appeal (Civil Division)

Handi-Craft Company & Anor v B Free World Ltd & Ors [2008] EWCA Civ 868 (30 July 2008)

High Court (Chancery Division)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

High Court (Queen’s Bench Division)

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd v Mott MacDonald Ltd [2008] EWHC 1864 (TCC) (17 July 2008)

Source: www.bailii.org

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily

Posted July 30th, 2008 in environmental protection, law reports, waste by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264

“Sewage escaping from pipes maintained by a statutory undertaker was ‘controlled waste’ within the meaning of s 33 of the Environmental Protection Act 1990.”

WLR Daily, 29th July 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.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 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 – WLR Daily

Posted July 30th, 2008 in law reports, restraint, young offenders by sally

Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262

“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”

WLR Daily, 29th July 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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 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.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2008 in asylum, law reports, statutory interpretation by sally

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th July 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.

Mosley v News Group Newspapers Ltd – Times Law Reports

Posted July 30th, 2008 in law reports, media, privacy by sally

Mosley v News Group Newspapers Ltd

Queen’s Bench Division

“It was not for the media to expose sexual conduct between consenting adults which did not involve any significant breach of the criminal law except where there was a countervailing public interest because at least one of the established limiting principles, such as victimisation or corruption of the young, came into play.”

The Times, 30th July 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.