law reports – Page 316 – Current Awareness

“Sado-masochistic behaviour, even where it involved adultery, was not a matter of genuine public interest justifying interference by the media in an individual’s private life. Exemplary damages were not available in a claim for infringement of privacy: a claim for compensatory damages could reflect an element of aggravation. Certain principles were applicable in the assessment of compensatory damages for infringement of privacy.”

WLR Daily, 28th 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.

Bocardo SA v Star Energy and another – WLR Daily

Posted July 29th, 2008 in law reports, oil wells, trespass by sally

Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258

“Access to land to remove oil vested in the Crown from beneath the subsoil, without obtaining access rights from the owner of the land, amounted to an actionable trespass entitling the landowner to compensation, which was to be assessed on the basis of what would be fair and reasonable between willing parties.”

WLR Daily, 28th 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.

Newport City Council v Charles – Times Law Reports

Posted July 29th, 2008 in appeals, law reports, legal representation, lists by sally

Newport City Council v Charles

Court of Appeal

“A fixture need not be vacated when the Civil Appeals Listing Office had failed to ascertain that leading counsel was prebooked for an appeal due to be heard in Cardiff.”

The Times, 29th 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.

Coleman v Attridge Law (a Firm) and Another Case C-303/06 – Times Law Reports

Posted July 29th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law (a Firm) and Another Case C-303/06

Court of Justice of the European Communities

“The prohibition of direct discrimination against and harassment of disabled people in employment, provided for in the Community disability directive, was not limited to employees who were themselves disabled but extended to unequal treatment and harassment of a non-disabled employee for reasons connected with the disability of his child.”

The Times, 29th 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.

Coleman v Attridge Law and another – WLR Daily

Posted July 28th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

“The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th 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 v Sivaraman – WLR Daily

Posted July 28th, 2008 in conspiracy, fraud, law reports, proceeds of crime by sally

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th 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.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th 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.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th 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.

NA v United Kingdom (Application No. 25904/07)- Times Law Reports

Posted July 28th, 2008 in asylum, human rights, law reports, Sri Lanka by sally

NA v United Kingdom (Application No. 25904/07)

European Court of Human Rights

” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”

The Times, 28th 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.

BAILII: Recent Decisions

Posted July 26th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Juncal, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWCA Civ 869 (25 July 2008)

Goldeagle Properties Ltd v Thornbury Court Ltd (Rev 1) [2008] EWCA Civ 864 (25 July 2008)

High Court (Chancery Division)

Brittain v Courtway Estates Holdings SA & Anor [2008] EWHC 1791 (Ch) (25 July 2008)

Whiteley Insurance Consultants (a/k As Kingfisher Travel Insurance Services), Re v [2008] EWHC 1782 (Ch) (25 July 2008)

The Royal Oak Property Company Ltd v Iktilat & Anor [2008] EWHC 1703 (Ch) (23 July 2008)

High Court (Queen’s Bench Division)

Smith v ADVFN Plc & Ors [2008] EWHC 1797 (QB) (25 July 2008)

High Court (Family Division)

London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam) (21 July 2008)

High Court (Administrative Division)

Liverpool City Council, R (on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin) (18 July 2008)

MT, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWHC 1788 (Admin) (25 July 2008)

High Court (Patents Court)

Land Securities Plc & Ors v The Registrar of Trade Marks [2008] EWHC 1744 (Pat) (25 July 2008)

Source: www.bailii.org

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted July 25th, 2008 in capital gains tax, company law, law reports by sally

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253

“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”

WLR Daily, 24th 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.

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th 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 v Hills; R v Davies; R v Pomfret – WLR Daily

Posted July 25th, 2008 in law reports, parole, sentencing by sally

R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251

There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”

WLR Daily, 24th 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.

Haringey London Borough Council v MA – WLR Daily

Posted July 25th, 2008 in adoption, law reports, parental responsibility by sally

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th 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 v Bieber – WLR Daily

Posted July 25th, 2008 in law reports, murder, sentencing by sally

R v Bieber; [2008] WLR (D) 249

“An irreducible life sentence for murder, which was imposed because the offence was so serious that for the purposes of punishment and deterrence the offender must remain in prison for the rest of his days, did not result in detention that constituted inhuman or degrading treatment. In any event, a whole life term was not an irreducible sentence since the Home Secretary could always use his statutory power to release a prisoner whose continued imprisonment would amount to inhuman or degrading treatment.”

WLR Daily, 24th 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.

BAILII: Recent Decisions

Posted July 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Johnston Publishing (North) Ltd. v The Commissioners for HM Revenue and Customs [20Q8] EWCA Civ 858 (23 July 2008)

Richardson & Anor v MacNab & Anor [2008] EWCA Civ 860 (24 July 2008)

Bush v Bush [2008] EWCA Civ 865 (24 July 2008)

Birmingham Development Company Ltd. v Tyler [2008] EWCA Civ 859 (24 July 2008)

High Court (Chancery Division)

Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008)

High Court (Queen’s Bench Division)

Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

Dinedor Hill Action Association v County of Herefordshire District Council & Anor [2008] EWHC 1741 (Admin) (24 July 2008)

Source: www.bailii.org

Bulale v Secretary of State for the Home Department

Posted July 25th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department

Court of Appeal

“The Court of Appeal did have jurisdiction in rare cases to pursue of its own motion a point of general importance not raised below in order to ensure the state’s compliance with its international obligations.”

The Times, 25th 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.