law reports – Page 335 – Current Awareness

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.

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.

Lichter & Schwarz (a partnership) v Rubin – WLR Daily

Posted March 25th, 2008 in disclosure, freezing injunctions, law reports by sally

Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93

“On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on which the court could form a view at that stage; it need only be satisfied that there were credible grounds for making an application if so advised.”

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.

Westminster City Council v IC (a protected party by his litigation friend) and others – WLR Daily

Posted March 25th, 2008 in conflict of laws, disabled persons, jurisdiction, law reports, marriage by sally

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

“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.”

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.

Wakefield Metropolitan District Council v T – WLR Daily

Posted March 25th, 2008 in children, law reports, supervision orders by sally

Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91

“A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum.”

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.

B v B – WLR Daily

Posted March 25th, 2008 in divorce, law reports by sally

B v B [2008] EWCA Civ 543; [2008] WLR (D) 90

“In ancillary relief cases the source and origin of assets was one of the factors that had to be taken into account in determining distribution since the primary objectives of the exercise were fairness and an absence of discrimination between the parties.”

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.

Halabi (a Bankrupt) v Camden London Borough Council and Another – Times Law Reports

Posted March 25th, 2008 in bankruptcy, jurisdiction, law reports by sally

Halabi (a Bankrupt) v Camden London Borough Council and Another

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th 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.

Omar v Westminster City Council – Times Law Reports

Posted March 25th, 2008 in homelessness, housing, law reports, local government by sally

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

The Times, 25th 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.

Giles v Rhind and Another (No 2) – Times Law Reports

Posted March 25th, 2008 in jurisdiction, law reports, limitations by sally

Giles v Rhind and Another (No 2)

Court of Appeal

“The court had power to extend the limitation period where a party, allegedly in breach of duty, had entered into a transaction defrauding creditors.”

The Times, 25th 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.

Drake v Harbour – Times Law Reports

Posted March 25th, 2008 in causation, law reports, negligence by sally

Drake v Harbour

Court of Appeal

“Where a claimant proved both that a defendant was negligent and that loss ensued which was of a kind likely to have resulted from such negligence, that would ordinarily be enough to enable a court to infer that it was probably so caused, even if the claimant was unable to prove positively the precise mechanism.”

The Times, 24th 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.

EB (Togo) and Another v Secretary of State for the Home Department – Times Law Reports

Posted March 25th, 2008 in delay, deportation, immigration, law reports by sally

EB (Togo) and Another v Secretary of State for the Home Department

Court of Appeal

“Very lengthy delay in processing an application for indefinite leave to remain by a National Health Service employee who had returned to the UK despite a deportation order did not invalidate the order.”

The Times, 24th 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.

Smith (Jean) v Northamptonshire County Council – Times Law Reports

Posted March 25th, 2008 in care workers, health & safety, law reports, personal injuries, strict liability by sally

Smith (Jean) v Northamptonshire County Council

Court of Appeal

“A council which had no control over a ramp not on its property was not strictly liable to an employee who was injured on it.”

The Times, 24th 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 20th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

High Court (Chancery Division)

Langston Group Corp v Cardiff City Football Club Ltd [2008] EWHC 535 (Ch) (19 March 2008)

IGT / Acres Gaming Inc, Re [2008] EWHC 568 (Ch) (19 March 2008)

Wilson v Yahoo! UK Ltd & Anor [2008] EWHC 361 (Ch) (20 February 2008)

High Court (Administrative Court)

Tamarevichute v Russian Federation [2008] EWHC 534 (Admin) (19 March 2008)

McLean v The High Court of Dublin, Ireland [2008] EWHC 547 (Admin) (19 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Olumba, R. v [2008] EWCA Crim 408 (20 February 2008)

Court of Appeal (Civil Division)

European Central Bank v Document Security Systems Incorporated [2008] EWCA Civ 192 (19 March 2008)

Jurkowska v Hlmad Ltd [2008] EWCA Civ 231 (19 March 2008)

T (a child) v Wakefield Metropolitan District Council [2008] EWCA Civ 199 (19 March 2008)

Heath & Hampstead Society, R (on the application of) v Vlachos & Ors [2008] EWCA Civ 193 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

VN (Uganda) v Entry Clearance Officer [2008] EWCA Civ 232 (19 March 2008)

KC & Anor v City of Westminster Social & Community Services Dept. & Anor [2008] EWCA Civ 198 (19 March 2008)

T (Children: Placement Order), Re [2008] EWCA Civ 542 (19 March 2008)

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 (19 March 2008)

G (a child) No. 2, Re [2008] EWCA Civ 105_2 (19 March 2008)

High court (Queen’s Bench Division)

Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

Schwarzschild v Harrods Ltd [2008] EWHC 521 (QB) (19 March 2008)

High Court (Chancery Division)

Walker v Kenley & Anor [2008] EWHC 370 (Ch) (29 February 2008)

Oun v Ahmad [2008] EWHC 545 (Ch) (19 March 2008)

High Court (Administrative Court)

Doughty v Ely Magistrates’ Court & Anor [2008] EWHC 522 (Admin) (07 March 2008)

High Court (Commercial Court)

Verizon UK Ltd v Swiftnet Ltd [2008] EWHC 551 (Comm) (19 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Ngyuen, R v [2008] EWCA Crim 585 (18 March 2008)

Court of Appeal (Civil Division)

Mayor of London v London Borough of Enfield [2008] EWCA Civ 202 (18 March 2008)

LG (Italy) v Secretary of State for the Home Department [2008] EWCA Civ 190 (18 March 2008)

S v Floyd [2008] EWCA Civ 201 (18 March 2008)

Housden & Anor v The Conservators of Wimbledon and Putney Commons [2008] EWCA Civ 200 (18 March 2008)

Shah & Ors v Colvia Management Co Ltd (includes Order) [2008] EWCA Civ 195 (18 March 2008)

High Court (Chancery Division)

Thunder Air Ltd v Hilmarsson [2008] EWHC 355 (Ch) (17 March 2008)

High Court (Family Division)

McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)

High Court (Commercial Court)

Entico Corporation Ltd v United Nations Educational Scientific and Cultural Association (UNESCO) [2008] EWHC 531 (Comm) (18 March 2008)

High Court (Technology and Construction Court)

London & Regional (St George’s Court) Ltd v Ministry of Defence and Secretary of State for Defence [2008] EWHC 526 (TCC) (18 March 2008)

Source: www.bailii.org

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”

WLR Daily, 18th 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.