Category: law reports
Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and another – WLR Daily
“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
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
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
“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
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
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
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
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
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.
BAILII: Recent Decisions
High Court (Civil Division)
Persimmon Homes Teesside Ltd v Lewis, R (on the application of) [2008] EWCA Civ 746 (01 July 2008)
Compton, R (on the application of) v Wiltshire Primary Care Trust [2008] EWCA Civ 749 (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)
High Court (Chancery Division)
Cerascope Ltd & Anor v [2008] EWHC 1502 (Ch) (25 June 2008)
High Court (Commercial Court)
Harris & Ors v The Society of Lloyd’s [2008] EWHC 1433 (Comm) (01 July 2008)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Angel Airlines v Dean and Dean [2008] EWHC 1513 (QB) (30 June 2008)
High Court (Commercial Court)
P v A & Anor [2008] EWHC 1361 (Comm) (20 June 2008)
High Court (Patents Court)
Actavis UK Ltd v Janssen Pharmaceutica NV [2008] EWHC 1422 (Pat) (30 June 2008)
Source: www.bailii.org
AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same – WLR Daily
“A policy, whereby indefinite leave to remain would be granted 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; and accordingly the different treatment of single young adults, who were excluded from the policy because they were parentless, was justified.”
WLR Daily, 30th 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.
Regina (Wychavon District Council) v Secretary of State for Communities and Local Government and Others – Times Law Reports
Court of Appeal
“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”
The Times, 1st 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.
EB (Kosovo) v Secretary of State for the Home Department – Times Law Reports
EB (Kosovo) v Secretary of State for the Home Department
House of Lords
“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”
The Times, 30th 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
Johnston v Lambeth London Borough Council – Times Law Reports
Johnston v Lambeth London Borough Council
Court of Appeal
“A local government officer reviewing a decision that an applicant did not have priority need as a homeless person could neither dispense with the statutory duty to consider the earlier decision nor, if mindful to find against the applicant, to give notice to allow the applicant to make written or oral representations.”
The Times, 30th 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
Court of Appeal (Criminal Division)
Anwoir & Ors, R. v [2008] EWCA Crim 1354 (27 June 2008)
High Court (Chancey Division)
Astall & Anor v Revenue & Customs [2008] EWHC 1471 (Ch) (27 June 2008)
High Court (Queen’s Bench Division)
Buckley & Ors v Yates Wine Lodges Ltd & Anor [2008] EWHC 1408 (QB) (27 June 2008)
Green v Westleigh Properties Limits [2008] EWHC 1474 (QB) (27 June 2008)
High Court (Commercial Court)
High Court (Technology and Construction Court)
TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC) (13 June 2008)
Source: www.bailii.org
R v Kenning; R v Blackshaw; R v Fenwick – WLR Daily
R v Kenning; R v Blackshaw; R v Fenwick; [2008] WLR (D) 212
“An agreement to aid and abet an offence was not capable of constituting a criminal conspiracy.”
WLR Daily, 26th 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 v Higgs – WLR Daily
R v Higgs [2008] EWCA Crim 1324; [2008] WLR (D) 211
“To establish the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be shown that the technological measure concerned physically prevents infringement of copyright, and is not merely a discouragement or commercial hindrance to copyright infringement.The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Neil Stanley Higgs, against his conviction on 19 October 2007 in the Crown Court at Bristol before Her Honour Judge Hagen of 26 offences contrary to s 296ZB of the Copyright, Designs and Patents Act 1988.”
WLR Daily, 26th 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.
Gray v Thames Trains Ltd and another – WLR Daily
Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210
“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”
WLR Daily, 26th 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.
