West London Pipeline and Storage Ltd v Total UK Ltd – WLR Daily

Posted July 24th, 2008 in disclosure, law reports, privilege by sally

West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] WLR (D) 248

“Guidance as to the principles applicable to determining a claim to litigation privilege.”

WLR Daily, 23rd 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.

French v Barcham and Another – Times Law Reports

Posted July 24th, 2008 in bankruptcy, landlord & tenant, law reports by sally

French v Barcham and Another

Chancery Division

“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”

The Times, 24th 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.

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and Another – Times Law Reports

Posted July 24th, 2008 in law reports, limitations, personal injuries by sally

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and Another

Court of Appeal

“A cause of action for damages against the government for failure to implement Community law resulting in failure to provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered The Court of Appeal so stated when dismissing the appeals of: (i) Derek Keith Spencer against the dismissal of his claim by Mr Justice Holland ([2007] EWHC 1775 (QB)) and (ii) Kenneth Dudley Moore against the dismissal of his claim by Mr Justice Eady ([2007] EWHC 879 (QB)).”

The Times, 24th 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.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd 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.

GO and Others v Secretary of State for the Home Department – Times Law Reports

Posted July 23rd, 2008 in education, immigration, law reports by sally

GO and Others v Secretary of State for the Home Department

Court of Appeal

“Overseas students could change their courses but if they wanted an extension of stay in the United Kingdom, they had to be able to produce evidence of satisfactory progress, whether on the course named in the application for entry clearance or on another recognised course.”

The Times, 23rd 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.

Leofelis SA and Another v Lonsdale Sports Ltd and Others – Times Law Reports

Posted July 23rd, 2008 in civil procedure rules, documents, law reports by sally

Leofelis SA and Another v Lonsdale Sports Ltd and Others

Court of Appeal

“It was appropriate for economy of documentation in appeals for parties to cooperate in making the bundles as convenient as possible, even in ways which the Practice Direction to Part 52 of the Civil Procedure Rules might not allow.”

The Times, 23rd 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 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Bryan v R. [2008] EWCA Crim 1568 (22 July 2008)

Court of Appeal (Civil Division)

F (Children), Re [2008] EWCA Civ 842 (22 July 2008)

CTI Group Inc v Transclear SA [2008] EWCA Civ 856 (22 July 2008)

North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 (22 July 2008)

High Court (Chancery Division)

Hollis & Ors v Rolfe & Ors [2008] EWHC 1747 (Ch) (22 July 2008)

High Court (Queen’s Bench)

Ewing v News International Ltd & Ors [2008] EWHC 1390 (QB) (22 July 2008)

High Court (Administrative Court)

AE v Secretary of State for the Home Department [2008] EWHC 1743 (Admin) (21 July 2008)

High Court (Commercial Court)

ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWHC 1689 (Comm) (11 July 2008)

West London Pipeline and Storage Ltd & Anor v Total UK Ltd & Ors [2008] EWHC 1729 (Comm) (22 July 2008)

Source: www.bailii.org

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 22nd, 2008 in commons, law reports by sally

R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246

“Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it.”

WLR Daily, 22nd July 2008

Source: www.lawreports.co.uk

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

Newport City Council v Charles – WLR Daily

Posted July 22nd, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles; [2008] WLR (D) 245

“A local authority’s right to possession against a person succeeding to a tenancy on the death of a family member other than a spouse on the ground that the accommodation was more than he reasonably required was not an interest in land capable of giving rise to a proprietory estoppel against the tenant. Accordingly, a tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

WLR Daily, 21st July 2008

Source: www.lawreports.co.uk

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

Day v Haine and Another – Times Law Reports

Posted July 22nd, 2008 in EC law, insolvency, law reports, redundancy by sally

Day v Haine and Another

Court of Appeal

“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”

The Times, 22nd 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.

Gravil v Carroll and Another – Times Law Reports

Posted July 22nd, 2008 in assault, law reports, sport, vicarious liability by sally

Gravil v Carroll and Another

Court of Appeal

“A rugby club was vicariously liable for an assault by one of its semi-professional players on a member of the opposing team during a match.”

The Times, 22nd 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 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

RS (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 839 (18 July 2008)

Bradford & Anor v James & Ors [2008] EWCA Civ 837 (18 July 2008)

High Court (Chancery Division)

Rousselon Freres Et Cie v Horwood Homewares Ltd [2008] EWHC 1660 (Ch) (18 July 2008)

High Court (Family Division)

Medway Council v G & Ors [2008] EWHC 1681 (Fam) (18 July 2008)

High Court (Queen’s Bench Division)

Mealing v Chelsea & Westminster Healthcare NHS Trust [2008] EWHC 1664 (QB) (18 July 2008)     

Tulley (A Minor) v Wirral Hospitals NHS Trust [2008] EWHC 1685 (QB) (18 July 2008)

Source: www.bailii.org

Regina (Bhatt Murphy (a Firm) and Others v Independent Assessor; Regina (Niazi and Others) v Secretary of State for the Home Department – Times Law Reports

Posted July 21st, 2008 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Bhatt Murphy (a Firm) and Others v Independent Assessor; Regina (Niazi and Others) v Secretary of State for the Home Department

Court of Appeal

“The mere existence of an ex gratia scheme for compensation to the victims of miscarriages of justice was not by itself sufficient to create a legitimate expectation that the scheme would be continued. In consequence, the minister was entitled to abolish it without consultation or notice.”

The Times, 21st 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.

Regina v Noble – Times Law Reports

Posted July 21st, 2008 in bail, contempt of court, law reports by sally

Regina v Noble

Court of Appeal (Criminal Division)

“Defendants who failed to attend court in response to a summons should not be convicted and sentenced for offences under the Bail Act 1976 or for contempt of court if they were not on bail and/or had received no notice of the summons.”

The Times, 21st 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. 

Allen and others v GMB – WLR Daily

Posted July 18th, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and others v GMB [2008] EWCA Civ 810; [2008] WLR (D) 243

The striking of a deal by a trade union with a local authority as to terms and conditions of employment pursuant to a national collective agreement establishing a ‘single status’ common pay and grading structure for all local authorities, which deal attempted to achieve compensation for some union members for past pay inequality as well as ongoing pay and employment protection for all members, was indirectly discriminatory since it constituted the application of a provision, criterion or practice which applied equally to men but was to the detriment of a considerably larger proportion of women than of men and since the means adopted by the union to persuade members to accept the deal, including mis-selling and manipulation, were not proportionate to the union’s legitimate aim of achieving single status with the minimum of losers.”

WLR Daily, 17th 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.

Warren v The Random House Group Ltd – WLR Daily

Posted July 18th, 2008 in defamation, law reports, pleadings by sally

Warren v The Random House Group Ltd [2008] EWCA Civ 834; [2008] WLR (D) 242

Only in exceptional circumstances would the court permit a defendant to resile from an offer of amends made and accepted in a libel action.”

WLR daily, 17th 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 18th, 2008 in law reports by sally

High Court (CHancery Division)

Hearn & Ors v Dobson & Anor [2008] EWHC 1620 (Ch) (17 July 2008)

Source: www.bailii.org/

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others – Times Law Reports

Posted July 18th, 2008 in education, law reports, race discrimination by sally

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others

Queen’s Bench Division

“Faith schools which gave priority to children of their designated faith in the event of oversubscription did not directly or indirectly racially discriminate against non-members of the faith.”

The Times, 18th 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.

Procter and Gamble UK v Revenue and Customs Commissioners – Times Law Reports

Posted July 18th, 2008 in food, law reports, VAT by sally

Procter and Gamble UK v Revenue and Customs Commissioners

Chancery Division

“Regular Pringles were zero-rated for VAT because they were not potato products.”

The Times, 18th July 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

B, R. v [2008] EWCA Crim 1524 (17 July 2008)

Panesar, R. v [2008] EWCA Crim 1526 (17 July 2008)

Lunkov, R. v [2008] EWCA Crim 1525 (17 July 2008)
Court of Appeal (Civil Division)

Manton Securities Ltd v Nazam (t/a New Dadyal Cash and Carry) [2008] EWCA Civ 805 (17 July 2008)

GM (Eritrea) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 833 (17 July 2008)

MJ (Mother) and LB (Father) v Local Authority & Ors [2008] EWCA Civ 835 (17 July 2008)

High Court (Chancery Division)

Revenue and Customs v Khawaja [2008] EWHC 1687 (Ch) (17 July 2008)

High Court (Administrative Court)

Finn-Kelcey v Milton Keynes Council [2008] EWHC 1650 (Admin) (17 July 2008)

High Court (Commercial Court)

Equitas Ltd v Allstate Insurance Company [2008] EWHC 1671 (Comm) (17 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd & Anor v Mott MacDonald Ltd [2008] EWHC 1570 (TCC) (17 July 2008)

Source: www.bailii.org