law reports – Page 336 – Current Awareness

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

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.

Text of full judgment: Heather Mills v Sir Paul McCartney – The Times

Posted March 18th, 2008 in divorce, law reports by sally

Between : James Paul McCartney Petitioner/Respondent and Heather Anne Mills McCartney Respondent/Applicant

The Times, 18th March 2008

Source: www.timesonline.co.uk

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison – Times Law Reports

Posted March 18th, 2008 in law reports, legislative drafting, sentencing by sally

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison

Court of Appeal

“In the criminal sentencing context, the court could read words into a statutory instrument to correct a drafting omission.”

The Times, 18th 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 18th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kiely, R. v [2008] EWCA Crim 536 (06 March 2008)

High Court (Chancery Division)

Aribisala v St James’ Homes (Grosvenor Dock) Ltd [2008] EWHC 456 (Ch) (14 March 2008)

NBPF Pension Trustees Ltd. v Warnock-Smith & Anor [2008] EWHC 455 (Ch) (14 March 2008)

High Court (Administrative Court)

Zak v Regional Court of Bydgoszcz Poland [2008] EWHC 470 (Admin) (27 February 2008)

Director of Public Prosecutions v Cooper [2008] EWHC 507 (Admin) (03 March 2008)

Thornhill, R (on the application of) v Uxbridge Magistrates Court [2008] EWHC 508 (Admin) (03 March 2008)

White, R (on the application of) v Crown Court At Blackfriars [2008] EWHC 510 (Admin) (04 March 2008)

Wheeler, R (on the application of) v Assistant Commissioner House of the Metropolitan Police [2008] EWHC 439 (Admin) (28 February 2008)

H, R (on the application of) v Guildford Youth Court [2008] EWHC 506 (Admin) (03 March 2008)

R, R (on the application of) v Special Educational Needs and Disability Tribunal & Anor [2008] EWHC 473 (Admin) (04 March 2008)

High Court (Commercial Court)

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm) (17 March 2008)

High Court (Technology and Construction Court)

London Underground Ltd v Metronet Rail BCV Ltd & Anor [2008] EWHC 502 (TCC) (14 March 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Khan & Ors v R [2008] EWCA Crim 531 (14 March 2008)

Burgess, R. v [2008] EWCA Crim 516 (08 February 2008)

Court of Appeal (Civil Division)

Manchester City Council v Benjamin [2008] EWCA Civ 189 (13 March 2008)

High Court (Chancery Division)

Experience Hendrix LLC & anor v Times Newspapers Ltd [2008] EWHC 458 (Ch) (11 March 2008)

Stow & Ors v Stow & Ors [2008] EWHC 495 (Ch) (14 March 2008)

Cooper v PRG Powerhouse Ltd & Ors [2008] EWHC 498 (Ch) (14 March 2008)

High Court (Family Division)

Local Authority v M [2008] EWHC 162 (Fam) (31 January 2008)

High Court (Administrative Court)

Buglife (the Invertebrate Conservation Trust), R (on the application of) v Thurrock Thames Gateway Development Corp & Anor [2008] EWHC 475 (Admin) (22 February 2008)

Edwards-Sayer, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 467 (Admin) (13 March 2008)

R, R. (on the application of) [2008] EWHC 469 (Admin) (27 February 2008)

High Court (Technology and Construction Court)

Braes of Doune Wind Farm (Scotland) Ltd v Alfred McaLpine Business Services Ltd [2008] EWHC 426 (TCC) (13 March 2008)

Source: www.bailii.org

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted March 17th, 2008 in damages, law reports, negligence, police by sally

Smith v Chief Constable of Sussex Police

Court of Appeal

“While it was not reasonable to expect the police to answer in damages to every individual whose life or health might have been spared or saved by more competent police work, where someone’s life or safety had been so firmly placed in their hands as to make it incumbent on them to take at least elementary steps to protect it, unexcused neglect to do so could sound in damages if harm resulted. ”

The Times, 17th 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.

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport – Times Law Reports

Posted March 17th, 2008 in advertising, human rights, law reports, media by sally

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport

House of Lords

“The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. ”

The Times, 17th 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.

Calvert v William Hill Credit Ltd – WLR Daily

Posted March 14th, 2008 in duty of care, gambling, law reports by sally

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87

“Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer’s request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect the customer from the risk of gambling losses during the specified period.”

WLR Daily, 12th 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 summary is removed.

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

Posted March 14th, 2008 in human rights, law reports, mental health, tribunals by sally

R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85

“The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.”

WLR Daily, 12th 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.

R (Kelly) v Secretary of State for Justice; R (Bailey) v Secretary of State for Justice; R (Gibson) v Governor of Wymott Prison – WLR Daily

Posted March 14th, 2008 in law reports, prisons, probation by sally

R (Kelly) v Secretary of State for Justice; R (Bailey) v Secretary of State for Justice; R (Gibson) v Governor of Wymott Prison [2008] EWCA Civ 177; [2008] WLR (D) 84

“Long-term prisoners who had been convicted of offences committed after 29 September 1998 and before 4 April 2005, and who after 4 April 2005 had been released on licence, recalled and then re-released having served three-quarters of their sentences, remained subject to licence conditions for the remainder of their sentences.”

WLR Daily, 12th 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.

Regina v Cockburn – Times Law Reports

Posted March 14th, 2008 in grievous bodily harm, law reports, setting traps by sally

Regina v Cockburn

Court of Appeal, Criminal Division

“An anti-intruder device driven by gravity and triggered by pressure on a wire was capable of amounting to an engine calculated to inflict grievous bodily harm, under the Offences against the Person Act 1861.”

The Times, 14th March 2008

Source: www.timesonline.co.uk

Norris v Government of the United States of America – Times Law Reports

Posted March 14th, 2008 in extradition, law reports, price fixing by sally

Norris v Government of the United States of America

House of Lords

“A person could not be extradited to the United States of America to stand trial on charges brought under US legislation which declared cartels to be illegal, to stand trial for price-fixing offences alleged to have been committed from 1989 to 2000 because during that period price-fixing agreements and cartels were not illegal under English law, unless there were other aggravating features such as dishonesty or deception.”

The Times, 14th 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 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Chartbrook Ltd v Persimmon Homes Ltd [2008] EWCA Civ 183 (12 March 2008)

Furniss v Firth Brown Tools Ltd [2008] EWCA Civ 182 (12 March 2008)

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184 (12 March 2008)

Kelly & Ors R. (On the Applications of) v Secretary of State for Justice [2008] EWCA Civ 177 (12 March 2008)

RHJ Ltd v FT Patten (Holdings) Ltd & Anor [2008] EWCA Civ 151 (12 March 2008)

Secretary of State for Justice v Rayner [2008] EWCA Civ 176 (12 March 2008)

High Court (Chancery Division)

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch) (12 March 2008)

Source: www.bailii.org

Smith v Northamptonshire County Council – WLR Daily

Posted March 13th, 2008 in health & safety, law reports, personal injuries by sally

Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83

“An employer had no responsibility to maintain a ramp on which its employee was injured which was installed by a third party on premises of a third party and over which it had no control.”

WLR Daily, 12th 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.

Emmott v Michael Wilson & Partners Ltd – WLR Daily

Posted March 13th, 2008 in arbitration, confidentiality, disclosure, law reports by sally

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82

“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”

WLR Daily, 12th 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.

Norris v Government of the United States of America – WLR Daily

Posted March 13th, 2008 in extradition, law reports, price fixing by sally

Norris v Government of the United States of America [2008] UKHL 16; WLR (D) 81

“During the period from 1989 to 2000 price fixing was not illegal under English law so that it was not an extradition offence for the purposes of s 137 of the Extradition Act 2003.”

WLR Daily, 12th 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.

Revenue and Customs Comrs v Total Network SL – WLR Daily

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Comrs v Total Network SL [2008] UKHL 19; WLR (D) 80

“No intention that the Revenue and Customs Commissioners should be barred from recovering damages for conspiracy in the form of a carousel fraud was to be attributed to the legislature in the enactment of the scheme in the Value Added Tax Act 1994. Criminal conduct could constitute unlawful means and be actionable as conspiracy whether or not it would be separately actionable if committed by an individual.”

WLR Daily, 12th 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.

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

WLR Daily, 12th 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.

Revenue and Customs Commissioners v Total Network SL – Times Law Reports

Posted March 13th, 2008 in conspiracy, fraud, law reports, VAT by sally

Revenue and Customs Commissioners v Total Network SL

House of Lords

“Nothing in the Value Added Tax 1994 prevented the Revenue and Customs Commissioners from recovering damages for conspiracy against a participant in a carousel fraud; criminal conduct was actionable as conspiracy whether or not it would be actionable as a separate tort if committed by an individual.”

The Times, 13th 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.