Category: law reports

Practice Statement (House of Lords: Appearance of Counsel) – WLR Daily

Posted May 29th, 2008 in barristers, law reports, practice directions by sally

Practice Statement (House of Lords: Appearance of Counsel); [2008] WLR (D) 175

“Their Lordships wished to remind the Bar of a rule which appeared to be less well known than it was. If counsel were instructed to appear before the highest court in the United Kingdom they were expected to be present at and throughout the hearing.”

WLR Daily, 28th May 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.

SB v X County Council – Times Law Report

Posted May 29th, 2008 in adoption, law reports by sally

SB v X County Council

Court of Appeal

“In contentious adoption cases, where the court was dispensing with parental consent, the question of any contact between the children and their family members was for the court and not the local authority to resolve.”

The Times, 29th May 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 (HSMP Forum Ltd) v Secretary of State for the Home Department – Times Law Reports

Posted May 29th, 2008 in immigration, law reports by sally

Regina (HSMP Forum Ltd) v Secretary of State for the Home Department

Queen’s Bench Division

“The introduction of a new and more restrictive regime for highly skilled immigrants was unlawful because it prejudiced people already admitted to the UK under an earlier regime by reducing their opportunity to gain permanent rights of residency.”

The Times, 29th May 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 May 28th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Norbrook Laboratories (Gb) Ltd v Adair & Anor [2008] EWHC 978 (QB) (06 May 2008)

Crowley v Surrey County Council & Ors [2008] EWHC 1102 (QB) (20 May 2008)

WRN Ltd. v Ayris [2008] EWHC 1080 (QB) (21 May 2008)

Sandford & Anor v London Borough of Waltham Forest [2008] EWHC 1106 (QB) (21 May 2008)

BRB (Residuary) Ltd. v Connex South Eastern Ltd [2008] EWHC 1172 (QB) (23 May 2008)

High Court (Administrative Court)

Bristol Magistrates Court [2008] EWHC 1153 (Admin) (07 May 2008)

Source: www.bailii.org

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust – Times Law Reports

Posted May 28th, 2008 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust

Queen’s Bench Divisional Court

“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”

The Times, 28th May 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.

S-H v Kingston upon Hull City Council and Another – Times Law Reports

Posted May 28th, 2008 in adoption, law reports by sally

S-H v Kingston upon Hull City Council and Another

Court of Appeal

“In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.”

The Times, 28th May 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.

Corby Group Litigation v Corby Borough Council – Times Law Reports

Posted May 28th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council

Court of Appeal

“The House of Lords had neither expressly nor impliedly reversed the long-standing principle that damages for personal injury could be claimed in the tort of public nuisance.”

The Times, 28th May 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 May 27th, 2008 in law reports by sally

R V Asfaw (On Appeal From The Court of Appeal (Criminal Division)) [2008] UKHL 31 (21 May 2008)

Bowden (Ap) V Poor Sisters of Nazareth and Others (Scotland) Whitton (Ap) V Poor Sisters of Naza [2008] UKHL 32 (21 May 2008)

Source: www.parliament.uk

Satyam Computer Services Ltd v Upaid Systems Ltd – Times Law Reports

Posted May 27th, 2008 in agreements, intellectual property, interpretation, law reports by sally

Satyam Computer Services Ltd v Upaid Systems Ltd

Court of Appeal

“It would only be through the use of the clearest possible specific language that parties to a settlement would be taken to have excluded fraud-based claims.”

The Times, 27th May 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.

Ramblers’ Association v Coventry City Council – Times Law Reports

Posted May 27th, 2008 in footpaths, law reports by sally

Ramblers’ Association v Coventry City Council

Queen’s Bench Division

“A council could order the closure of a footpath under section 129A to G of the Highways Act 1980, as inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005, only if satisfied that the footpath had facilitated prolonged criminal or antisocial behaviour at the date of the order.”

The Times, 27th May 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.

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 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 Asfaw – Times Law Reports

Posted May 27th, 2008 in asylum, law reports by sally

Regina v Asfaw

House of Lords

“The humanitarian aims of the UN Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) were to be achieved by construing its words purposively.”

The Times, 26th May 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.

R v Porter – WLR Daily

Posted May 23rd, 2008 in health & safety, law reports, school children by sally

R v Porter; [2008] WLR (D) 167

“There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real risk by the conduct of the operation in question. There was no objective standard which applied in every case but there would be important factors which would indicate one way or the other whether there was such a risk.”

WLR Daily, 23rd May 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 Federal-Mogul Aftermarket UK Ltd and others – WLR Daily

Posted May 23rd, 2008 in insolvency, law reports, pensions by sally

In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166

“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”

WLR Daily, 23rd May 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 Asfaw (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted May 23rd, 2008 in asylum, law reports by sally

R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165

“A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false documentation to the airline for onward travel to her intended sanctuary.”

WLR Daily, 23rd May 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.

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 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.

Wood v Director of Public Prosecutions – Times Law Reports

Posted May 23rd, 2008 in assault, law reports, police, restraint by sally

Wood v Director of Public Prosecutions

Queen’s Bench Division

“Where a police officer restrained a person, but did not at that time intend or purport to arrest him, he was committing an assault, even if an arrest would have been justified.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

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

King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

King v Serious Fraud Office

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 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.

Gichura v Home Office and another – WLR Daily

Posted May 22nd, 2008 in disability discrimination, law reports, prisons by sally

Gichura v Home Office and another; [2008] WLR (D) 164

“Once a disabled detainee had gone through the administrative stage on arrival at a detention centre the services subsequently provided came within the scope of s 19(2) of the Disability Discrimination Act 1995.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

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

Kilby v Gawith – WLR Daily

Posted May 22nd, 2008 in fees, law reports by sally

Kilby v Gawith; [2008] WLR (D) 163

“The court had no discretion under CPR r 45.11(1) to disallow a successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”

WLR Daily, 21st May 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.