BAILII: Recent Decisions

Posted April 8th, 2008 in law reports by sally

High Court (Administrative Court)

British Medical Association, & Anor R (on the application of) v Secretary of State for Health [2008] EWHC 599 (Admin) (13 March 2008)

Slivka v District Court of Prague [2008] EWHC 595 (Admin) (12 March 2008)

Secretary of State for Justice, R (on the application of) v Mental Health Review Tribunal & Anor [2008] EWHC 598 (Admin) (05 March 2008)

D, R (on the application of) v Sheffield Youth Court [2008] EWHC 601 (Admin) (06 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 7th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Rochester, R v [2008] EWCA Crim 678 (04 April 2008)

Court of Appeal (Civil Division)

Brooker & Anor v Fisher [2008] EWCA Civ 287 (04 April 2008)

Masri v Consolidated Contractors International Company SAL & Anor [2008] EWCA Civ 303 (04 April 2008)

High Court (Chancery Division)

Fashoff (UK) Ltd (t/a Moschino Forall Confezioni Spa) v Linton & Anor [2008] EWHC 537 (Ch) (19 March 2008)

Pipe & Ors v Revenue & Customs [2008] EWHC 646 (Ch) (04 April 2008)

High Court (Family Division)

London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam) (03 April 2008)

High Court (Commercial Court)

Tsavliris Salvage (International) Ltd v The Grain Board of Iraq [2008] EWHC 612 (Comm) (01 April 2008)

Source: www.bailii.org

In re S (Care Proceedings: Assessment of risk) – Times Law Reports

Posted April 7th, 2008 in law reports by sally

In re S (Care Proceedings: Assessment of risk)

Court of Appeal

“Local authorities should not introduce in care proceedings, and send to experts, material which was unfair because it was purely prejudicial.”

The Times, 7th 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 Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill – Times Law Reports

Posted April 7th, 2008 in law reports by sally

Regina v Khan (Bakish Alla); Regina v Hanif Regina v Lewthwaite; Regina v Khan (Michael Arshad); Regina v Cross Regina v Hill

Court of Appeal (Criminal Division)

“It was essential that trial judges should be aware at the stage of jury selection if any potential juror was, or had been a police officer or a member of the prosecuting authority or was a serving prison officer.”

The Times, 7th 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.

Gemma Ltd (in liquidation) v Davies and Another – Times Law Reports

Posted April 4th, 2008 in company directors, law reports, misfeasance by sally

Gemma Ltd (in liquidation) v Davies and Another

Chancery Division

“In order to establish that a person was a de facto director of a company when deciding whether she was guilty of any misfeasance in relation to the company, it was not enough that she held herself out as a director since what mattered was not what she called herself but what she did.”

The Times, 4th 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.

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th 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.

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others – Times Law Reports

Posted April 4th, 2008 in debts, jurisdiction, law reports by sally

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others

Court of Appeal

“Judges should be cautious before making a committal order against a judgment debtor who was prevented from attending an oral examination as to his means by the order of a court in a foreign jurisdiction.”

The Times, 4th 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 3rd, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Lamaletie Anor v R. [2008] EWCA Crim 314 (28 February 2008)

Lawlor, R. v [2008] EWCA Crim 474 (25 February 2008)

Southwell, R. v [2008] EWCA Crim 490 (25 February 2008)

Taylor, R. v [2008] EWCA Crim 465 (22 February 2008)

Jarvis, R. v [2008] EWCA Crim 488 (22 February 2008)

SD, R. v [2008] EWCA Crim 527 (18 February 2008)

Court of Appeal (Civil Division)

Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2008] EWCA Civ 286 (02 April 2008)

T (Children: Placement Order), Re (Rev 1) [2008] EWCA Civ 248 (19 March 2008)

B v B [2008] EWCA Civ 284 (19 March 2008)

High Court (Chancery Division)

De Wind v Wedge [2008] EWHC 514 (Ch) (19 March 2008)

High Court (Admiralty Division)

Pratt v Aigaion Insurance Company SA [2008] EWHC 489 (Admlty) (14 March 2008)

High Court (Commercial Court)

Dunlop Haywards (DHL) Ltd. & Anor v Erinaceous Insurance Services Ltd [2008] EWHC 520 (Comm) (01 April 2008)

High Court (Technology and Construction Court)

Claimants v Corby Borough Council [2008] EWHC 619 (TCC) (01 April 2008)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2008] EWHC 569 (TCC) (19 March 2008)

Galliford Try Construction Ltd v Mott MacDonald Ltd [2008] EWHC 603 (TCC) (14 March 2008)

Edenbooth Ltd v Cre8 Developments Ltd [2008] EWHC 570 (TCC) (13 March 2008)

Collins & Ors v Drumgold & Ors [2008] EWHC 584 (TCC) (12 March 2008)

Source: www.bailii.org

Westminster City Council v IC and Others – Times Law Reports

Posted April 3rd, 2008 in islamic law, jurisdiction, law reports, marriage, mental health by sally

Westminster City Council v IC and Others

Court of Appeal

“A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio; the judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

The Times, 3rd 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.

Wasa International Insurance Co Ltd v Lexington Insurance Co – Times Law Reports

Posted April 3rd, 2008 in contracts, environmental protection, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same

Court of Appeal

“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”

The Times, 3rd 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.

Shepherds Bush Housing Association v Porter – Times Law Reports

Posted April 2nd, 2008 in housing, law reports, trespass by sally

Shepherds Bush Housing Association v Porter

Court of Appeal

“A tolerated trespasser could not seek the discretion of the court to revise a possession order made under the Housing Act 1985 suspended on terms, or to vary the terms, or to extend time to comply with the terms.”

The Times, 2nd 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.

Lambeth London Borough Council v TK and Another – Times Law Reports

Posted April 2nd, 2008 in children, law reports by sally

Lambeth London Borough Council v TK and Another

Court of Appeal

“When, in family proceedings, a court had made a direction under section 37 of the Children Act 1989 that a local authority should investigate the circumstances of a person claiming to be a child and, in response, the local authority concluded that the person was not a child, the court had power to order a fact-finding hearing to determine the issue.”

The Times, 2nd 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.

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

Posted April 2nd, 2008 in contracts, law reports, penalties, sale of goods by sally

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd 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 (Griffin) v Richmond Magistrates Court – Times Law Reports

Posted March 31st, 2008 in fraud, human rights, insolvency, law reports by sally

Regina (Griffin) v Richmond Magistrates Court

Queen’s Bench Divisional Court

“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”

The Times, 31st March 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.

Ministry of Justice v Prison Officers’ Association – Times Law Reports

Posted March 31st, 2008 in human rights, industrial action, law reports, prison officers by sally

Ministry of Justice v Prison Officers’ Association

Queen’s Bench Division

“Article 11 of the European Convention on Human Rights guaranteeing freedom of assembly and association, conferred no express right to strike and it was not breached by a court order forbidding any form of industrial action.”

The Times, 31st March 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 March 26th, 2008 in law reports by sally

High Court (Administrative Court)

Secretary of State for the Home Department v AE [2008] EWHC 585 (Admin) (20 March 2008)

High Court (Family Division)

S v S [2008] EWHC 519 (Fam) (19 March 2008)

High Court (Queen’s Bench division)

Oakes v Neininger & Ors [2008] EWHC 548 (QB) (19 March 2008)

High Court (Patents Court)

Symbian Ltd v Comptroller General Of Patents [2008] EWHC 518 (Pat) (18 March 2008)

Regina (Rayner) v Secretary of State for Justice – Times Law Reports

Posted March 26th, 2008 in human rights, law reports, mental health, tribunals by sally

Regina (Rayner) v Secretary of State for Justice

Court of Appeal

“The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under article 5.4 of the European Convention on Human Rights.”

The Times, 26th March 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.

Casewell v Secretary of State for Work and Pensions – Times Law Reports

Posted March 26th, 2008 in benefits, disabled persons, law reports, social security by sally

Casewell v Secretary of State for Work and Pensions

Court of Appeal

“The payment of an allowance to a disabled wife to pay for carer service was part of the husband’s income for assessing his income support if he was that carer.”

The Times, 26th March 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.

Free law pioneer will publish vital precedents free for the first time – OUT-LAW.com

Posted March 25th, 2008 in internet, law reports, news, publishing by sally

“A free law publication charity will publish the UK’s 3,000 most important legal decisions freely for the first time by June. The project will involve publishing vital rulings, dating back to the nineteenth century, on which UK common law is based.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

R v Ngyuen – WLR Daily

Posted March 25th, 2008 in bad character, evidence, law reports by sally

R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94

The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence.”

WLR Daily, 20th March 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.