law reports – Page 320 – Current Awareness

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

WLR Daily, 4th 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 v Rahman; Regina v Akram; Regina v Amin; Regina v Ali – Times Law Reports

Posted July 7th, 2008 in accomplices, law reports, murder by sally

Regina v Rahman; Regina v Akram; Regina v Amin; Regina v Ali

House of Lords

“The House of Lords dismissed appeals by Islamur Rahman, Kamer Akram, Anjum Nisa Amin and Liaquat Ali from the dismissal by the Court of Appeal, Criminal Division (Lord Justice Hooper, Mr Justice Gibbs and Mr Justice Roderick Evans) ( The Times March 2, 2007; [2007] 1 WLR 219) of their appeals against conviction in Leeds Crown Court (Mr Justice Wakerley and a jury) of murder.”

The Times, 7th 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 4th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Ministry of Defence v Griffin [2008] EWHC 1542 (QB) (03 July 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1535 (Admin) (03 July 2008)

Obienna v Secretary of State for the Home Department [2008] EWHC 1476 (Admin) (27 June 2008)

High Court (Commercial Court)

Cherney v Deripaska [2008] EWHC 1530 (Comm) (03 July 2008)

General Trading Company (Holdings) Ltd v Richmond Corporation Ltd [2008] EWHC 1479 (Comm) (03 July 2008)

Colliers International Property Consultants (“Cipc”) & Anor v Colliers Jordan Lee Jafaar Sdn Bhd [2008] EWHC 1524 (Comm) (03 July 2008)

High Court (Technology and Construction Court)

Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd & Anor [2008] EWHC 1508 (TCC) (16 June 2008)

Source: www.bailii.org

Thorner v Major and others – WLR Daily

Posted July 4th, 2008 in estoppel, law reports, wills by sally

Thorner v Major and others [2008] EWCA Civ 232; [2008] WLR (D) 222

“A dedicated help and service in reliance upon a statement did not bind his estate by conscience to create a proprietary estoppel to confer the farm to the claimant even if the deceased had given the farm to the claimant by a will which he subsequently revoked to deny an interest to a third person.”

WLR Daily, 3rd 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 (Compton) v Wiltshire Primary Care Trust – WLR Daily

Posted July 4th, 2008 in judicial review, law reports, protective costs orders by sally

R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221

“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”

WLR Daily, 3rd 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.

Franbar Holdings Ltd v Patel and others – WLR Daily

Posted July 4th, 2008 in company directors, derivative claims, law reports, shareholders by sally

Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220

“Where the question of ratification arose in the context of an application to continue a derivative claim, under s 261 of the Companies Act 2006, the court should ask itself whether the ratification had the effect that the claimant was being improperly prevented from bringing the claim on behalf of the company. That also applied where the connected person provisions in s 239 were not satisfied but there was still actual wrongdoer control by which there had been a diversion of assets to persons associated with the wrongdoer, albeit not connected in the sense provided by s 239(4).”

WLR Daily, 3rd 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.

Environment Agency v Thorn International UK Ltd – WLR Daily

Posted July 4th, 2008 in EC law, law reports, waste by sally

Environment Agency v Thorn International UK Ltd; [2008] WLR (D) 219

“A used electrical product, such as a refrigerator or a computer monitor, which had been taken back from its original owner on purchase of a replacement model, and then bought by a company for repair or refurbishment prior to re-sale, was not, while awaiting such repairs, ‘waste’ within the meaning of the Environmental Protection Act 1990 and Council Directive 75/442/EEC.”

WLR Daily, 3rd 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.

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom) – Times Law Reports

Posted July 4th, 2008 in disclosure, EC law, law reports, opinions by sally

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom)

Court of Justice of the European Communities

“There was no principle that the Council of the European Union was entitled automatically to refuse access to opinions of its legal service relating to a legislative process.”

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

Court of Appeal (Civil Division)

Thorner v Major & Ors [2008] EWCA Civ 732 (02 July 2008)

R U (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 753 (02 July 2008)

Federation of Tour Operators & Ors, R (on the application of) v HM Treasury [2008] EWCA Civ 752 (02 July 2008)

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 (02 July 2008)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (01 July 2008)

Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)

Spencer v Secretary of State for Work & Pensions Moore & Ors [2008] EWCA Civ 750 (01 July 2008)

GO & Ors v Secretary of State for the Home Department [2008] EWCA Civ 747 (01 July 2008)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2008] EWCA Civ 640 (01 July 2008)

HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWCA Civ 715 (25 June 2008)

High Court (Administrative Court)

Gurung & Ors, R (on the application of) v Secretary of State for Defence [2008] EWHC 1496 (Admin) (02 July 2008)

Queen Mary University of London v Higher Education Funding Council for England [2008] EWHC 1472 (Admin) (26 June 2008)

Crown Prosecution Service v Gloucester Justices & Anor [2008] EWHC 1488 (Admin) (17 June 2008)

Krompalcas v Prosecutor General’s Office, Lithuania [2008] EWHC 1486 (Admin) (17 June 2008)

Cathco Property Holdings Ltd, R (on the application of) v Cygnor Gwynedd Council & Anor [2008] EWHC 1462 (Admin) (06 June 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1495 (QB) (30 June 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted July 3rd, 2008 in law reports by sally

R v Rahman and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division)) [2008] UKHL 45 (2 July 2008)

Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland) [2008] UKHL 46 (2 July 2008)

Source: www.parliament.uk

Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and another – WLR Daily

Posted July 3rd, 2008 in damages, EC law, 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 [2008] EWCA Civ 750; [2008] WLR (D) 218

“A cause of action for damages against the Government for failure to implement Community law and provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered.”

WLR Daily, 2nd 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 Rahman and others – WLR Daily

Posted July 3rd, 2008 in accomplices, law reports, murder by sally

R v Rahman and others [2008] UKHL 45; [2008] WLR (D) 217

“An accessory was liable in respect of an unlawful killing on the basis of his foresight of what the principal might do, not of the intention with which the principal’s act might be performed.”

WLR Daily, 2nd 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 (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 3rd, 2008 in bias, judicial review, law reports, planning by sally

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”

WLR Daily, 2nd 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.

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P) – WLR Daily

Posted July 3rd, 2008 in disclosure, EC law, law reports, opinions by sally

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P); [2008] WLR (D) 215

“The Council of the European Union did not have a general entitlement to refuse all requests by members of the public for access to opinions from its legal service in the context of legislative enactment. The principle of transparency was an overriding public interest capable of prevailing over a statutory reason for refusing access to a document.”

WLR Daily, 2nd 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.

Spencer-Franks v Kellogg Brown and Root Ltd and Another – Times Law Reports

Posted July 3rd, 2008 in health & safety, law reports, offshore installations, personal injuries by sally

Spencer-Franks v Kellogg Brown and Root Ltd and Another

“A door-closing device which ensured that the door of the control room on an oil rig was closed was ‘work equipment’ within regulation 2 of the Provision and Use of Work Equipment Regulations (SI 1998 No 2306) and, consequently, a mechanic who was injured while repairing such a device was entitled to bring proceedings under those regulations against his employer and/or the oil rig operator.”

The Times, 3rd 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.

Merton London Borough Council v Jones – Times Law Reports

Posted July 3rd, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones

Court of Appeal

“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”

The Times, 3rd 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.

Lancore Services Ltd v Barclays Bank plc – WLR Daily

Posted July 2nd, 2008 in banking, law reports, letters of credit by sally

Lancore Services Ltd v Barclays Bank plc [2008] EWHC 1264 (Ch); [2008] WLR (D) 214

“The implication of a temporal limitation upon the right of a merchant acquirer to withhold payment to a merchant for goods and services provided by a third party was not permissible and would go far beyond any acceptable process of implication or construction.”

WLR Daily, 1st 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.

Byrne v Motor Insurers’ Bureau and Another – Times Law Reports

Posted July 2nd, 2008 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v Motor Insurers’ Bureau and Another

Court of Appeal

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver should be subject to a limitation period no less favourable than that which applied to the commencement of proceedings by minors for personal injury in tort against a traced driver.”

The Times, 2nd 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.

AL (Serbia) v Secretary of State for the Home Department Regina (Rudi) v Same – Times Law Reports

Posted July 2nd, 2008 in asylum, immigration, law reports by sally

AL (Serbia) v Secretary of State for the Home Department Regina (Rudi) v Same

House of Lords

“The Home Secretary’s policy to grant indefinite leave to remain to certain families living as a unit with children and young adults was a proportionate response to particular administrative and financial problems represented by that group; accordingly, the different treatment of single young adults, who were excluded because they were parentless and childless, was justified.”

The Times, 2nd 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.