Category: law reports

Laroche v Spirit of Adventure (UK) Ltd (in Liquidation) – Times Law Reports

Posted April 23rd, 2008 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd (in Liquidation)

Queen’s Bench Division

“A hot-air balloon could be categorised as an aircraft within the meaning of the Non International Rules contained in Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480). The rules provided the sole cause of action and remedy against a carrier available to a claimant in respect of injuries caused by it to him.”

The Times, 23rd April 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.

Nnyanzi v United Kingdom (Application No 21878/06) – Times Law Reports

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

Nnyanzi v United Kingdom (Application No 21878/06)

European Court of Human Rights

“There was no reason to belive that an applicant who unsuccessfully sought asylum, on the basis of her father’s political activities in Uganda, would be ill treated on her expulsion to that state.”

The Times, 23rd April 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.

Birkdale School v Revenue and Customs Commissioners – Times Law Reports

Posted April 23rd, 2008 in education, fees, law reports, VAT by sally

Birkdale School v Revenue and Customs Commissioners

Chancery Division

“Value-added tax was not payable by independent schools on charges made to parents for optional participation in fee refund arrangements; there was a single supply of educational services to parents when they participated in such schemes.”

The Times, 23rd April 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 April 23rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Shabir, R. v [2008] EWCA Crim 854 (07 March 2008)

Zotiades, R. v [2008] EWCA Crim 753 (14 March 2008)

Fisher, R. v [2008] EWCA Crim 714 (14 March 2008)

Giga, R. v [2008] EWCA Crim 703 (18 March 2008)

Ikram & Anor, R v [2008] EWCA Crim 586 (19 March 2008)

Court of Appeal (Civil Division)

Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008)

Looe Fuels Ltd v Looe Harbour Commissioners [2008] EWCA Civ 414 (22 April 2008)

Carver v BAA Plc [2008] EWCA Civ 412 (22 April 2008)

Arbery & Anor, R. v [2008] EWCA Crim 702 (19 March 2008)

High Court (Administrative Division)

Eco-Power.Co.UK Ltd, R (on the application of) v Transport for London & Anor [2008] EWHC 846 (Admin) (22 April 2008)

Risk Management Partners Ltd, R (on the application of) v The Council of London Borough of Brent [2008] EWHC 692 (Admin) (22 April 2008)

High Court (Commercial Court)

Sheltam Rail Company (Proprietary) Ltd v Mirambo Holdings Ltd & Anor [2008] EWHC 829 (Comm) (21 April 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 22nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)

High Court (Chancery Division)

Buhler AG v FP Spomax SA [2008] EWHC 823 (Ch) (21 April 2008)

High Court (Queen’s Bench Division)

Cotton (t/a Allmat Enterprises) v Rickard Metals Inc [2008] EWHC 824 (QB) (21 April 2008)

High Court (Administrative Court)

Farah, R (on the application of) v General Medical Council [2008] EWHC 731 (Admin) (02 April 2008)

High Court (Commercial Court)

Westacre Investments Inc v The State-Owned Company Yugoimport SDPR [2008] EWHC 801 (Comm) (21 April 2008)

Gallaher International Ltd v TLAIS Enterprises Ltd [2008] EWHC 804 (Comm) (18 April 2008)

High Court (Technology and Construction Court)

Taylor Woodrow Construction v RMD Kwikform Ltd [2008] EWHC 825 (TCC) (17 April 2008)

High Court (Patents Court)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 819 (Pat) (17 April 2008)

Source: www.bailii.org

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another – WLR Daily

Posted April 22nd, 2008 in accounts, company directors, law reports by sally

The Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another [2008] EWCA Civ 387; [2008] WLR (D) 121

“The court would refuse to enforce the right of a director to inspect a company’s accounts pursuant to s 222 of the Companies Act 1985 where the purpose of the proposed inspection was to injure the company or was improper.”

WLR Daily, 21st April 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.

JHP Ltd v BBC Worldwide Ltd and another – WLR Daily

Posted April 22nd, 2008 in copyright, law reports by sally

JHP Ltd v BBC Worldwide Ltd and another [2008] EWHC 757 (Ch); [2008] WLR (D) 120

“In order to succeed in a claim for copying an original work, the claimant had to establish on the balance of probabilities that the defendant had copied a substantial part of that work.”

WLR Daily, 21st April 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 (Edwards) v Environment Agency – WLR Daily

Posted April 22nd, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

R (Edwards) v Environment Agency; [2008] WLR (D) 119

“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”

WLR Daily, 21st April 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.

Midlands Co-Operative Society Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted April 22nd, 2008 in assignment, law reports, VAT by sally

Midlands Co-Operative Society Ltd v Revenue and Customs Commissioners

Court of Appeal

“A taxable person was entitled to assign to another any benefit of repayment he enjoyed from the overpayment of value-added tax.”

The Times, 22nd April 2008

Source: www.timesonline.co.uk

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

AIC Ltd v Marine Pilot Ltd – Times Law Reports

Posted April 22nd, 2008 in charterparties, law reports by sally

AIC Ltd v Marine Pilot Ltd

Court of Appeal

“Where a charterparty provided that the vessel should load at a single named safe port, the charterers thereby warranted the safety of that port.”

The Times, 22nd April 2008

Source: www.timesonline.co.uk

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

Masri v Consolidated Contractors International UK Ltd and Others (No 2) – Times Law Reports

Posted April 22nd, 2008 in execution, foreign jurisdictions, judgments, law reports, receivers by sally

Masri v Consolidated Contractors International UK Ltd and Others (No 2)

Court of Appeal

“The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.”

The Times, 22nd April 2008

Source: www.timesonline.co.uk

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

BAILII: Recent Decisions

Posted April 21st, 2008 in law reports by sally

Court of Appeal (Criminal Division)

R v T [2008] EWCA Crim 815 (16 April 2008)

Court of Appeal (Civil Division)

Oxford Legal Group Ltd v Sibbasbridge Services Plc & Anor [2008] EWCA Civ 387 (18 April 2008)

High Court (Family Division)

M v H [2008] EWHC 324 (Fam) (21 February 2008)

SW v RC [2008] EWHC 73 (Fam) (24 January 2008)

P v P [2007] EWHC 2877 (Fam) (11 December 2007)

B County Council v R & Anor [2007] EWHC 2742 (Fam) (22 November 2007)

Source: www.bailii.org

Legal Services Commission v Rasool – Times Law Reports

Posted April 21st, 2008 in costs, law reports, legal aid, time limits by sally

Legal Services Commission v Rasool

Court of Appeal

“Where the Legal Services Commission sought to recover sums following the revocation of a legal aid certificate, the quantum of costs paid or payable need not first be established before a cause of action accrued.”

The Times, 21st April 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 Plant – Times Law Reports

Posted April 21st, 2008 in criminal procedure, indictments, law reports by sally

Regina v Plant

Court of Appeal (Criminal Division)

“Where a summary offence was tried with an indictable offence in the crown court but there was no case to answer on the indictable offence, the summary offence did not have to be withdrawn from the jury and retried before justices.”

The Times, 21st April 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.

MY (Turkey) v Secretary of State for Home Department – Times Law Reports

Posted April 21st, 2008 in evidence, immigration, law reports, witnesses by sally

MY (Turkey) v Secretary of State for Home Department

Court of Appeal

“Where an immigration judge found a witness to be reliable and accepted his evidence, it was inappropriate and an error of law for another immigration judge at a second hearing to attack the credibility of the same witness.”

The Times, 21st April 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 April 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Newman, R v [2008] EWCA Crim 816 (18 April 2008)

Court of Appeal (Civil Division)

Mills v Birchall & Anor [2008] EWCA Civ 385 (18 April 2008)

Oxford Legal Group Ltd v Sibbasbridge Services Plc & Anor [2008] EWCA Civ 387 (18 April 2008)

Morgan v UPS Ltd [2008] EWCA Civ 375 (17 April 2008)

Strachey v Ramage [2008] EWCA Civ 384 (18 April 2008)

Bonham & Anor v Fishwick & Anor [2008] EWCA Civ 373 (16 April 2008)

Abbey Mine Ltd v Coal Authority & Anor [2008] EWCA Civ 353 (16 April 2008)

Dunn v Parole Board [2008] EWCA Civ 374 (16 April 2008)

Black, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 359 (15 April 2008)

A v Essex County Council [2008] EWCA Civ 364 (16 April 2008)

High Court (Chancery Division)

Supperstone v Hurst & Anor [2008] EWHC 735 (Ch) (16 April 2008)

Frost v Clarke [2008] EWHC 742 (Ch) (14 April 2008)

High Court (Administrative Court)

Goodall v Peak District National Park Authority [2008] EWHC 734 (Admin) (04 April 2008)

B, Re [2008] EWHC 690 (Admin) (11 April 2008)

Varma v General Medical Council [2008] EWHC 753 (Admin) (16 April 2008)

High Court (Commercial Court)

IPCO (Nigeria) Ltd. v Nigerian National Petroleum Corporation [2008] EWHC 797 (Comm) (17 April 2008)

High Court (Patents Court)

Kapur v Comptroller General of Patents, Designs & Trade Marks [2008] EWHC 649 (Pat) (10 April 2008)

Source: www.bailii.org

House of Lords Judgments – What’s New?

Posted April 18th, 2008 in law reports by sally

R (on the application of Edwards and another) v Environment Agency and others

Principal and Fellows of Newnham College in the University of Cambridge (Respondents) v Her Majesty’s Revenue and Customs

Simmers (Respondent) v Innes (Appellant) (Scotland)

Source: www.parliament.uk

R (Black) v Secretary of State for Justice – WLR Daily

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114

“S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 17th April 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.

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd – WLR Daily

Posted April 18th, 2008 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113

“The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement.”

WLR Daily, 17th April 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.

Moran v Manchester City Council; Richards v Ipswich Borough Council – WLR Daily

Posted April 18th, 2008 in homelessness, housing, law reports by sally

Moran v Manchester City Council; Richards v Ipswich Borough Council [2008] EWCA Civ 378; [2008] WLR (D) 112

“A women’s refuge was accommodation which, having regard to various factors, it could be reasonable for women to continue to occupy.”

WLR Daily, 17th April 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.