Category: law reports

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 16th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192

“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”

WLR Daily, 12th June 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.

Day v Haine and another – WLR Daily

Posted June 13th, 2008 in EC law, insolvency, law reports, redundancy by sally

Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188

“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”

WLR Daily, 12th June 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.

Kilby v Gawith – Times Law Reports

Posted June 13th, 2008 in costs, fees, law reports, solicitors by sally

Kilby v Gawith

Court of Appeal

“In costs-only proceedings following the out-of-court settlement of a small-value road traffic claim, the court had no discretion to disallow the successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”

The Times, 13th June 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 Arnold – Times Law Reports

Posted June 13th, 2008 in appeals, courts martial, jurisdiction, law reports by sally

Regina v Arnold

Courts-Martial Appeal Court

“The Courts-Martial Appeal Court had no jurisdiction to entertain an appeal by a prosecutor unless at, or before informing the court that it intended to appeal the prosecutor had agreed that the accused should be acquitted of the charge if leave to appeal was not obtained.”

The Times, 13th June 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 (Wood) v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 13th, 2008 in demonstrations, human rights, law reports, privacy by sally

Regina (Wood) v Commissioner of Police of the Metropolis

Queen’s Bench Division

“Taking and retaining photographs of someone engaged in a political protest or demonstration was not unlawful and did not infringe his human rights.”

The Times, 13th June 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 June 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Portsmouth Youth Activities Committee (A Charity) v Poppleton [2008] EWCA Civ 646 (12 June 2008)

Gibson v Revenue & Customs Prosecution Office [2008] EWCA Civ 645 (12 June 2008)

Hanoman v London Borough of Southwark [2008] EWCA Civ 624 (12 June 2008)

High Court (Queen’s Bench Division)

X & Anor v London Borough of Hounslow [2008] EWHC 1168 (QB) (23 May 2008)

High Court (Family Division)

Durham County Council v D & Ors [2008] EWHC 1306 (Fam) (11 June 2008)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) (27 May 2008)

High Court (Patents Court)

Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor [2008] EWHC 1311 (Pat) (12 June 2008)

Source: www.bailii.org

In re B (Children) (Care orders: Standard of proof) – Times Law Reports

Posted June 12th, 2008 in care orders, law reports, standard of proof by sally

In re B (Children) (Care orders: Standard of proof)

House of Lords

“The standard of proof necessary to establish the threshold for making a care order was the simple balance of probabilities. Neither the seriousness of any allegations nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.”

The Times, 12th June 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.

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) – WLR Daily

Posted June 11th, 2008 in law reports, sentencing, standard of proof by sally

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) [2008] UKHL 33; [2008] WLR (D) 187

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served the tariff on his life sentence should be released, was the civil standard of the balance of probabilities.”

WLR Daily, 11th June 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.

In re B (Minors) (Sexual Abuse: Standard of Proof) – WLR Daily

Posted June 11th, 2008 in care orders, child abuse, law reports, standard of proof by sally

In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186

“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”

WLR Daily, 11th June 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 (Smith) v Crown Court at Snaresbrook – WLR Daily

Posted June 11th, 2008 in ASBOs, law reports by sally

R (Smith) v Crown Court at Snaresbrook [2008] EWHC 1282 (Admin); [2008] WLR (D) 185

“The only criterion for the making of an order under s 5(4) of the Anti-social Behaviour Act 2003 extending the period of a closure order was whether the extension was necessary to prevent the occurrence of disorder or serious nuisance.”

WLR Daily, 11th June 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 another (No 3) – WLR Daily

Posted June 11th, 2008 in injunctions, jurisdiction, law reports by sally

Masri v Consolidated Contractors International Co SAL and another (No 3) [2008] EWCA Civ 625; [2008] WLR (D) 184

“The English court had power over persons properly subject to its in personam jurisdiction to make ancillary orders in protection of its jurisdiction and its processes, including the integrity of its judgments. The power was a discretionary one to be exercised in accordance with the requirements of international comity.”

WLR Daily, 9th June 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.

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th June 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 June 11th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Heather Moor & Edgecomb Ltd, R (on the application of) v Financial Ombudsman Service & Anor [2008] EWCA Civ 642 (11 June 2008)

Financial Ombudsman Service v Heather Moor & Edgecomb Ltd [2008] EWCA Civ 643 (11 June 2008)

Haine v Secretary of State for Business Enterprise & Regulatory Reform & Anor [2008] EWCA Civ 626 (11 June 2008)

McCarthy v Secretary of State for the Home Department [2008] EWCA Civ 641 (11 June 2008)

High Court (Patents Court)

Novartis AG v Dexcel-Pharma Ltd [2008] EWHC 1266 (Pat) (10 June 2008)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted June 11th, 2008 in law reports by sally

In re CD (Original Respondent and Cross-appellant) (Northern Ireland) [2008] UKHL 33 (11 June 2008)

OB (by his mother and litigation friend) (FC) (Respondent) v Aventis Pasteur SA (Appellants) [2008] UKHL 34 (11 June 2008)

In re B (Children) (FC) [2008] UKHL 35 (11 June 2008)

Source: www.parliament.uk

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th June 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 June 10th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Stringer, R v [2008] EWCA Crim 1222 (10 June 2008)

High Court (Queen’s Bench Division)

Commonwealth of Australia v Peacekeeper International FZC UAE & Anor [2008] EWHC 1220 (QB) (04 June 2008)

High Court (Administrative Court)

Persimmon Homes (North East) Ltd & Ors v Blyth Valley Borough Council [2008] EWHC 1258 (Admin) (20 May 2008)

Reynolds, R (on the application of) v Sussex Police & Anor [2008] EWHC 1240 (Admin) (16 May 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 10th, 2008 in law reports by sally

High Court (Administrative Court)

The Staff Side of the Police Negotiating Board & Anor v Secretary of State for the Home Department [2008] EWHC 1173 (Admin) (10 June 2008)

High Court (Commercial Court)

West London Pipeline and Storage Ltd & Anor v Total UK Ltd & Ors [2008] EWHC 1296 (Comm) (09 June 2008)

Source: www.bailii.org

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc – Times Law Reports

Posted June 10th, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc

Court of Appeal

“Owners of vessels which failed to comply with the Marine Pollution Convention, as warranted in the charterparty and were unable to carry to all specified ports the full range of petroleum products set out therein, were in breach of time charters.”

The Times, 10th June 2008

Source: www.timesonline.co.uk

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

RP v Nottingham City Council – Times Law Reports

Posted June 10th, 2008 in care orders, human rights, law reports, official solicitor, parental rights by sally

RP v Nottingham City Council

Court of Appeal

“There was no breach of a mother’s right to a fair hearing under article 6 of the European Convention on Human Rights when she was represented by the Official Solicitor who conceded that overwhelming evidence justified making a care order.”

The Times, 10th June 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 June 9th, 2008 in law reports by sally

High Court (Chancery Division)

McPhail & Anor v Bourne & Anor [2008] EWHC 1235 (Ch) (06 June 2008)

High Court (Commercial Court)

Mansel Oil Ltd & Anor v Troon Storage Tankers SA [2008] EWHC 1269 (Comm) (09 June 2008)

Source: www.bailii.org