Court of Appeal (Civil Division)
Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)
Watkins & Anor v Jones Maidment Wilson (a firm) [2008] EWCA Civ 134 (04 March 2008)
Court of Appeal (Criminal Division)
Kirk v R [2008] EWCA Crim 434 (04 March 2008)
Source: www.bailii.org
Court of Appeal
“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”
The Times, 5th 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 W. Stevenson & Sons (a Partnership)
Court of Appeal (Criminal Division)
“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”
The Times, 5th 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.
“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”
WLR Daily, 3rd 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 (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68
“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”
WLR Daily, 3rd 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.
“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”
WLR Daily, 3rd 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.
Court of Appeal
“The remarriage of a former wife soon after the making of a consent order as to financial arrangements in a divorce settlement did not necessarily invalidate that order. ”
The Times, 4th 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.
Court of Appeal (Civil Division)
Giles v Rhind [2008] EWCA Civ 118 (28 February 2008)
Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008)
AS (Somalia) & Anor v Entry Clearance Officer, Addis Ababa & Anor [2008] EWCA Civ 149 (29 February 2008)
Wasa International Insurance Company Ltd. v Lexington Insurance Company [2008] EWCA Civ 150 (29 February 2008)
Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 (29 February 2008)
Olafsson v Gissurarson [2008] EWCA Civ 152 (03 March 2008)
Court of Appeal (Criminal Division)
Cockburn, R v [2008] EWCA Crim 316 (28 February 2008)
R v R [2008] EWCA Crim 370 (29 February 2008)
High Court (Queen’s Bench Division)
Kurtha v Marks [2008] EWHC 336 (QB) (27 February 2008)
Caudle v Ld Law Ltd. [2008] EWHC 374 (QB) (29 February 2008)
High Court (Administrative Court)
Secretary of State for the Home Department v AN [2008] EWHC 372 (Admin) (29 February 2008)
Privy Council
Pitman v. The State (Trinidad And Tobago) [2008] UKPC 16 (3 March 2008)
Knight v. Attorney General of the Cayman Islands (Cayman Islands) [2008] UKPC 14 (25 February 2008)
Source: www.bailii.org
Regina (M) v Hammersmith and Fulham London Borough Council
House of Lords
“Where a child had been provided with accommodation by a local authority’s housing department but had not come to the attention of its children’s services department, she was not entitled to further council support in her own right.”
The Times, 3rd 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.
Allison v London Underground Ltd
Court of Appeal
“The statutory requirement for an employer to provide adequate training for its employees imposed a higher duty than the common law duty which incorporated reasonable foreseeability; the statutory test was what training was needed in the light of what the employer ought to have known about the risks from the activities of its business.”
The Times, 29th February 2008
Source: www.timesonline.co.uk
Pleae note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Cinpres Gas Injection Ltd v Melea Ltd
Court of Appeal
“Perjury by a witness who had common cause with one of the parties in proceedings could be sufficient to have the judgment set aside as having been obtained by fraud.”
The Times, 29th February 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.
Welsh Ministers v Care Standards Tribunal and Another
Queen’s Bench Division
“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”
The Times, 29th February 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.
R (M) v Hammersmith and Fulham London Borough Council [2008] UKHL 14; WLR (D) 64
“A child who had been provided with accommodation by the housing department of a local authority but had not been brought to the attention of their children’s services department had not been ‘looked after’ under s 22(1) of the Children Act 1989 and was accordingly not entitled, having reached 18, to support under the Act as a ‘former relevant child’.”
WLR Daily, 27th February 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.
Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG (Case C-506/06): WLR (D) 63
“An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of pregnant workers, but her dismissal was unlawful under Directive 76/207 on equal treatment for men and women in employment matters if it was essentially based on the fact that she was undergoing in vitro fertilisation treatment.”
WLR Daily, 27th February 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.
Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62
“Where the deceased’s suicide had been the direct result of a depressive illness from which he had been suffering, which had been the direct and foreseeable consequence of an accident for which his employer was liable, his widow was entitled to claim damages under s 1 of the Fatal Accidents Act 1976. No reduction should be made for contributory negligence.”
WLR Daily, 27th February 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.
Court of Appeal (Civil Division)
Front Ace, Owners of the Ship v Vicky 1, Owners of the Ship [2008] EWCA Civ 101 (26 February 2008)
FK (Kenya) v Secretary of State for the Home Department [2008] EWCA Civ 119 (26 February 2008)
Court of Appeal (Criminal Division)
W Stevenson & Sons (A Partnership)& Anor v R [2008] EWCA Crim 273 (25 February 2008)
High Court (Queen’s Bench Division)
Telles v South West Strategic Health Authority [2008] EWHC 292 (QB) (26 February 2008)
High Court (Chancery Division)
Dartmouth Court Blackheath Ltd v Berisworth Ltd [2008] EWHC 350 (Ch) (27 February 2008)
Hanchett-Stamford v Attorney General & Ors [2008] EWHC 330 (Ch) (27 February 2008)
High Court (Technology and Construction Court)
Landfast (Anglia) Ltd. v Cameron Taylor One Ltd [2008] EWHC 343 (TCC) (26 February 2008)
Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) (27 February 2008)
Source: www.bailii.org
House of Lords
“A widow was entitled to damages in respect of her husband’s suicide where that had been the direct result of a depressive illness from which he had suffered as the direct and foreseeable consequence of an accident for which his employer had been responsible. ”
The Times, 28th February 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 (Aweys and Others) v Birmingham City Council
Court of Appeal
“A housing authority acted unlawfully when persons unintentionally homeless and in priority need, but unsuitably accommodated rather than on the streets, were left in the same accommodation pending permanent re-housing.”
The Times, 27th February 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.
Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs
Court of Appeal
“Where the United Kingdom had not levied corporation tax on the dividend paid by a UK subsidiary to a parent resident in The Netherlands or Italy, the UK tax authorities would not assume responsibility for eliminating double taxation.”
The Times, 27th February 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.
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