House of Lords Judgments: What’s new?
Source: www.parliament.uk
Category: law reports
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)
XZ (Russia) & Anor v Secretary of State for the Home Department [2008] EWCA Civ 180 (11 March 2008)
Smith v Northamptonshire County Council [2008] EWCA Civ 181 (11 March 2008)
McKenny & Anor v Foster (t/a Foster Partnership) [2008] EWCA Civ 173 (06 March 2008)
High Court (Family Division)
PD v MD [2008] EWHC 403 (Fam) (03 March 2008)
High Court (Administrative Court)
D and B v Commissioner of Police for the Metropolis & Ors [2008] EWHC 442 (Admin) (14 February 2008)
Director of Public Prosecutions v Cove [2008] EWHC 441 (Admin) (14 February 2008)
Source: www.bailii.org
Alitalia-Linee Aeree Italiane SpA v Rotunno and Others – Times Law Reports
Alitalia-Linee Aeree Italiane SpA v Rotunno and Others
Chancery Division
“There was no reason not to give the word ‘secure’ its usual meaning as a transitive verb when contained within the words ‘to secure the benefits under the scheme’ in a set of trust rules.”
The Times, 12th 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.
Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06 – Times Law Reports
Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06
Court of Justice of the European Communities
“The dismissal of a female employee when her ova had been fertilised in an in vitro procedure but had not yet been transferred into her uterus was not prohibited by the Community directive on the safety and health of pregnant workers, but was prohibited by the equal treatment directive it if was established that the dismissal was based on the fact that she had undergone in vitro fertilisation.”
The Times, 12th 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 (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government – Times Law Reports
Court of Appeal
“Proposals to replace two-tier local government in some parts of the country with unitary authorities, made before the necessary statutory powers were in place, were lawful as long as genuine reconsideration had been given to them after the commencement of the relevant Act.”
The Times, 12th 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
High Court (Chancery Division)
Johnson v Revenue and Customs [2008] EWHC 412 (Ch) (06 February 2008)
High Court (Administrative Court)
Secretary of State for the Home Department v AF [2008] EWHC 453 (Admin) (10 March 2008)
Source: www.bailii.org
Regina v Y (Hearsay evidence) – Times Law Reports
Court of Appeal (Criminal Division)
“Some rulings by trial judges could properly be described both as relating to counts on the indictment as well as being evidentiary.”
The Times, 11th 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.
Kosmar Villa Holidays plc v Trustees of Syndicate 1243 – Times Law Reports
Kosmar Villa Holidays plc v Trustees of Syndicate 1243
Court of Appeal
“Where insurers acknowledged a claim under a policy knowing that the insured had failed to comply with a condition precedent in the notification clause, they did not elect to waive the insured’s failure and accept liability.”
The Times, 11th 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.
Caudle v LD Law Ltd – WLR Daily
Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78
“A person who intends to exercise his entitlement to apply for a grant of letters of administration of an estate does not have an enforceable right to immediate possession of property formerly owned by the deceased unless it is necessary that he takes possession to safeguard the estate.”
WLR Daily, 10th 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.
Reinwood Ltd v L Brown & Sons Ltd – WLR Daily
Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77
“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”
WLR Daily, 10th 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Legal Services Commission v Rasool [2008] EWCA Civ 154 (05 March 2008)
Revenue & Customs v Dunwood Travel Ltd [2008] EWCA Civ 174 (07 March 2008)
AIC Ltd v Marine Pilot Ltd [2008] EWCA Civ 175 (07 March 2008)
Research In Motion UK Ltd v Visto Corporation [2008] EWCA Civ 153 (06 March 2008)
City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (06 March 2008)
Court of Appeal (Criminal Division)
Bright, R v [2008] EWCA Crim 462 (06 March 2008)
O, J and S, R v [2008] EWCA Crim 463 (06 March 2008)
High Court (Queen’s Bench Division)
Burnley Local Government Election, Re [2008] EWHC 316 (QB) (05 February 2008)
Rath v Guardian News and Media Ltd & Anor [2008] EWHC 398 (QB) (05 March 2008)
W v JH & Anor [2008] EWHC 399 (QB) (05 March 2008)
High Court (Chancery Division)
Donaldson v O’Sullivan [2008] EWHC 387 (Ch) (29 February 2008)
Birkdale School, Sheffield v HM Revenue & Customs [2008] EWHC 409 (Ch) (05 March 2008)
Greenland Bank Ltd v American Express Bank Ltd [2008] EWHC 421 (Ch) (06 March 2008)
High Court (Family Division)
X Council v B & Ors [2008] EWHC 270 (Fam) (18 February 2008)
High Court (Administrative Court)
G, R (on the application of) v Nottingham City Council [2008] EWHC 400 (Admin) (05 March 2008)
Escobar v DPP [2008] EWHC 422 (Admin) (06 March 2008)
Paschayan v Government of Switzerland [2008] EWHC 388 (Admin) (06 March 2008)
Tabernacle v Secretary of State for Defence [2008] EWHC 416 (Admin) (06 March 2008)
Kucera v District Court of Karvina, Czech Republic [2008] EWHC 414 (Admin) (07 March 2008)
High Court (Commercial Court)
M & J Polymers Ltd v Imerys Minerals Ltd [2008] EWHC 344 (Comm) (29 February 2008)
High Court (Technology and Construction Court)
Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor [2008] EWHC 413 (TCC) (06 March 2008)
Charlton & Anor v Northern Structural Services Ltd [2008] EWHC 66 (TCC) (08 February 2008)
Source: www.bailii.org
Expandable Ltd and Others v Rubin – Times Law Reports
Expandable Ltd and Others v Rubin
Court of Appeal
“The mention of a document in a witness statement did not constitute an automatic waiver of legal professional privilege so as entitle the other party to inspection of it.”
The Times, 10th 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.
Piggott v Director of Public Prosecutions – Times Law Reports
Piggott v Director of Public Prosecutions
Queen’s Bench Divisional Court
“While there was no obligation on a driver, asked to provide a specimen of breath for analysis, to declare a medical condition which might make it difficult or impossible for her to meet that requirement, in some cases that might be regarded as a refusal to do so.”
The Times, 10th 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.
Breakspear and Others v Ackland and Another – Times Law Reports
Breakspear and Others v Ackland and Another
Court of Appeal
“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”
The Times, 10th 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.
Legal Services Commission v Rasool – WLR Daily
Legal Services Commission v Rasool [2008] EWCA Civ 154; WLR (D) 75
“For the purposes of limitation and ascertaining the date of accrual of a cause of action permitting the Legal Services Commission to recover costs following revocation of a legal aid certificate, it was not a condition precedent that the quantum of any such costs should first be established before time started to run.”
WLR Daily, 6th 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 (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2) – Times Law Reports
Regina (AM) (Cameroon) v Asylum and Immigration Tribunal (No 2)
Court of Appeal
“Where a listing mistake meant a statutory review of an immigration appeal went ahead, resulting in a final determination, before a judicial review application had been heard, the judicial review should be heard and the final determination set aside; otherwise the applicant would suffer serious injustice for which there was no other remedy.”
The Times, 7th 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 v Rose (Kevin) – Times Law Reports
Court of Appeal (Criminal Division)
“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”
The Times, 6th 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 v Marchese – Times Law Reports
Court of Appeal (Criminal Division)
“The fact that a count in an indictment was duplicitous would not lead to the quashing of a conviction if, on the facts, the duplicity had not caused any injustice to the defendant. ”
The Times, 6th 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.
Birkdale School, Sheffield v Revenue and Customs Commissioners – WLR Daily
Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch); WLR (D) 74
“Value added tax was not payable by independent schools on charges made to parents for participation in optional fees refund arrangements. There was a single supply of educational services to parents when they participated in such schemes.”
WLR Daily, 5th 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.
Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) – WLR Daily
“The assets of an unincorporated association, which was not a charity and which had ceased to exist due to the fall in its membership to below two, did not pass to the Crown as bona vacantia but vested in the sole surviving member of the association.”
WLR Daily, 5th 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.
