law reports – Page 329 – Current Awareness

Director of Public Prosecutions of the British Virgin Islands v Penn – WLR Daily

Posted May 13th, 2008 in criminal procedure, juries, law reports by sally

Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149

“Where a defendant had been convicted by a jury which had been empanelled from an array which did not meet the requirements laid down by statute his conviction should not be overturned and a retrial ordered unless the statutory language and intent so required or there was reason to think his trial had been unfair.”

WLR Daily 12th 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.

BAILII: Recent Decisions

Posted May 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWCA Civ 487 (09 May 2008)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWCA Civ 445 (09 May 2008)

Daniel Thwaites Plc v Wirral Borough Magistrates’ Court & Ors [2008] EWHC 838 (Admin) (06 May 2008)

Corby Group v Corby Borough Council [2008] EWCA Civ 463 (08 May 2008)

High Court (Chancery Division)

Gregson v HAE Trustees Ltd & Ors [2008] EWHC 1006 (Ch) (08 May 2008)

High Court (Administrative Court)

McCarthy & Ors v Basildon District Council [2008] EWHC 987 (Admin) (09 May 2008)

BMW AG & Ors, R (on the application of) v HM Revenue & Customs [2008] EWHC 712 (Admin) (09 May 2008)

Secretary of State for the Home Department v AH [2008] EWHC 1018 (Admin) (09 May 2008)

Pilgrim, R (on the application of) v Parole Board & Anor [2008] EWHC 1019 (Admin) (09 May 2008)

High Court (Technology and Construction Court)

Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] EWHC 1020 (TCC) (09 May 2008)

Source: www.bailii.org

Corby Group Litigation v Corby Borough Council – WLR Daily

Posted May 12th, 2008 in damages, law reports, nuisance, personal injuries by sally

Corby Group Litigation v Corby Borough Council [2008] EWCA Civ 463; [2008] WLR (D) 144

“Damages for personal injury were recoverable in the tort of public nuisance.”

WLR Daily, 10th 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.

London Borough of Haringey v Secretary of State for Communities and Local Government and another – WLR Daily

Posted May 12th, 2008 in enforcement notices, law reports, planning by sally

London Borough of Haringey v Secretary of State for Communities and Local Government and another [2008] EWHC (QB); [2008] WLR (D) 145

“In holding that there were material considerations that warranted a departure from the claimant’s statutory development plan under s 38 of the Planning and Compulsory Purchase Act 2004, the inspector appointed by the first defendant had made a material error of fact amounting to an error in law when he granted planning permission under s 174(2)(a) of the Town and Country Planning Act 1990 to the second defendant for the unauthorised use for education, training and worship of a unit in premises within an area designated by the claimant in its development plan as a ‘defined employment area industrial location’.”

WLR Daily, 10th 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.

Murray v Express Newspapers plc and Another – Times Law Reports

Posted May 12th, 2008 in children, law reports, media, privacy by sally

Murray v Express Newspapers plc and Another

Court of Appeal

“It was arguable that a child had a reasonable expectation that he would not be targeted in order to obtain photographs in a public place for publication which the person taking or procuring the photographs knew would be objected to on the child’s behalf.”

The Times, 12th 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.

Murray v Express Newspapers plc and another – WLR Daily

Posted May 9th, 2008 in children, law reports, media, privacy by sally

Murray v Express Newspapers plc and another [2008] EWCA Civ 446; [2008] WLR (D) 143

“It was at least arguable that a child had a reasonable expectation that he would not be targeted in order to obtain photographs in a public place for publication which the person who took or procured the taking of the photographs knew would be objected to on behalf of the child.”

WLR Daily, 8th 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 L – WLR Daily

Posted May 9th, 2008 in evidence, law reports, married persons, witnesses by sally

R v L [2008] EWCA Crim 973; [2008] WLR (D) 142

“There was no requirement to tell a wife that she was not a compellable witness against her husband before interviewing her about a crime of which her husband was suspected.”

WLR Daily, 8th 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.

Lord Alton of Liverpool and others v Secretary of State for the Home Department – WLR Daily

Posted May 9th, 2008 in law reports, proscribed organisations, terrorism by sally

Lord Alton of Liverpool and others v Secretary of State for the Home Department [2008] EWCA Civ 443; [2008] WLR (D) 141

“An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be ‘concerned in terrorism’ simply because its leaders had the contingent intention to resort to terrorism in the future.”

WLR Daily, 8th 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.

Arnup (as administratrix and on her own behalf) v MW White Ltd – WLR Daily

Posted May 9th, 2008 in accidents, damages, law reports, widows by sally

Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140

Where, after the death in service of her husband, a woman had received payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fell within the disregard provision within s 4 of the Fatal Accidents Act 1976 when damages were to be assessed following an admission of liability.”

WLR Daily, 9th 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.

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council – Times Law Reports

Posted May 8th, 2008 in law reports, rights of way by sally

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council

Court of Appeal

“Statutory requirements governing the making of an application to change the status of a right of way were to be adhered to strictly.”

The Times, 8th 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 Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th 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.

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Posted May 8th, 2008 in constitutional law, law reports, magistrates, Saint Lucia by sally

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th 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.

BAILII: Recent Decisions

Posted May 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kempster, R v [2008] EWCA Crim 975 (07 May 2008)

Court of Appeal (Civil Division)

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441 (07 May 2008)

Secretary of State for the Home Department v Lord Alton of Liverpool & Ors [2008] EWCA Civ 443 (07 May 2008)

Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446 (07 May 2008)

Arnup v MW White Ltd. [2008] EWCA Civ 447 (07 May 2008)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors [2008] EWHC 991 (Ch) (07 May 2008)

High Court (Queen’s Bench Division)

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors [2008] EWHC 921 (QB) (06 May 2008)

High Court (Administrative Court)

Warren, R (on the application of) v Her Majesty’s Assistant Coroner for Northamptonshire [2008] EWHC 966 (Admin) (29 April 2008)

X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC [2008] EWHC 800 (Pat) (21 April 2008)

Source: www.bailii.org

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 7th, 2008 in law reports, race discrimination, victimisation by sally

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138

“S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation.”

WLR Daily, 6th 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.

Burden and Another v United Kingdom (Application No 13378/05) – Times Law Reports

Posted May 7th, 2008 in law reports by sally

Burden and Another v United Kingdom (Application No 13378/05)

European Court of Human Rights

“Sisters who shared a house could not be compared to a couple united by law so as to invoke provisions prohibiting discrimination.”

The Times, 7th 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 (Eisai Ltd) v National Institute for Health and Clinical Excellence – Times Law Reports

Posted May 7th, 2008 in law reports, medicines, mental health by sally

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence

Court of Appeal

“Procedural fairness required the National Institute for Health and Clinical Excellence to release a fully executable version of an economic model to those consulted in the course of an appraisal process and not simply a read-only version. To do otherwise would place drug companies at a significant disadvantage in challenging the reliability of those models.”

The Times, 7th 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.

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th 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 T (Child: Doli incapax) – Times Law Reports

Posted May 6th, 2008 in children, doli incapax, law reports by sally

Regina v T (Child: Doli incapax)

Court of Appeal (Criminal Division)

“The statutory abolition of the rebuttable presumption that a child aged 10 or over was incapable of committing an offence also abolished the common law defence of doli incapax.”

The Times, 5th 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 (Edwards and Another) v Environment Agency and Others – Times Law Reports

Posted May 6th, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th 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.