Category: law reports

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted February 26th, 2008 in asylum, damages, deportation, false imprisonment, law reports by sally

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department

Queen’s Bench Division

“A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. His detention had been arbitrary and unlawful and contrary to the right to liberty enshrined in article 5 of the European Convention on Human Rights.”

The Times, 26th 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(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party – WLR Daily

Posted February 25th, 2008 in immigration, judicial review, law reports by sally

R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party [2008] EWCA Civ 100; [2008] WLR (D) 57

“Where a statutory review of an immigration appeal mistakenly went ahead before a judicial review application establishing a good arguable case had been heard resulting in a final determination, that determination should be set aside and the judicial review proceed.”

WLR Daily, 22nd 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.

Davis and Another v Spain – Times Law Reports

Posted February 25th, 2008 in extradition, law reports by sally

Davis and Another v Spain

Queen’s Bench Divisional Court

“Delay caused by an accused’s departure from a foreign state for reasons unconnected with an extradition request did not automatically disqualify him from relying on oppression caused by the passage of time to contest his extradition.”

The Times, 25th 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 (George Wimpey UK Ltd) v Tewkesbury Borough Council – Times Law Reports

Posted February 25th, 2008 in appeals, civil procedure rules, jurisdiction, law reports by sally

Regina (George Wimpey UK Ltd) v Tewkesbury Borough Council

Court of Appeal

“The Court of Appeal had power to grant permission to appeal to a party who had not been in the case at first instance.”

The Times, 25th 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 (Bradley and Others) v Secretary of State for Work and Pensions and Others – Times Law Reports

Posted February 25th, 2008 in government departments, law reports, maladministration, pensions by sally

Regina (Bradley and Others) v Secretary of State for Work and Pensions and Others

Court of Appeal

“Where the Parliament Commissioner for Administration had found maladministration in a ministerial department, the minister was not entitled to reject that finding without good reason.”

The Times, 25th 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.

BAILII: Recent Decisions

Posted February 22nd, 2008 in law reports by sally

Court of Appeal (Civil Division)

MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20February 2008)

AM (Cameroon), R (on the application of) v Asylum and Immigration Tribunal & Anor [2008] EWCA Civ 100 (20 February 2008)

Roberts v Crown Estate Commissioners [2008] EWCA Civ 98 (20 February 2008)

Boehringer Ingelheim KG & Anor v Swingward Ltd [2008] EWCA Civ 83 (21 February 2008)

G (A Child), Re [2008] EWCA Civ 105 (21 February 2008)

KK (A Child), Re [2008] EWCA Civ 103 (21 February 2008)

Court of Appeal Criminal Division

CPS Nottinghamshire v Rose [2008] EWCA Crim 239 (21 February 2008)

High Court (Administrative Court)

Costco Wholesale UK Ltd v Milton Keynes Primary Care Trust & Anor [2008] EWHC 216 (Admin) (19 February 2008)

Howsmoor Developments Ltd & Ors, R (on the application of) v South Gloucestershire Council [2008] EWHC 262 (Admin) (19 February 2008)

High Court (Chancery Division)

National Westminster Bank Plc v King [2008] EWHC 280 (Ch) (20 February 2008)

High Court (Commercial Court)

Curtis & Anor v Lockheed Martin UK Holdings Ltd [2008] EWHC 260 (Comm) (20 February 2008)

Breakspear and others v Ackland and Another – WLR daily

Posted February 21st, 2008 in disclosure, law reports, trusts by sally

Breakspear and others v Ackland and another [2008] EWHC 220 (Ch); [2008] WLR (D) 52

“Generally the confidence which ordinarily attached to a wish letter was such that, for the better discharge of their confidential functions, the trustees need not disclose it to beneficiaries merely because they requested it unless, in their view, disclosure was in the interests of the sound administration of the trust, and the discharge of their powers and discretions.”

WLR Daily, 20th 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.

Glaxo Group Ltd v Genentech Inc and Another – Times Law Reports

Posted February 21st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and Another

Court of Appeal

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the European Patent Convention.”

The Times, 21st 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 (G) v Chief Constable of West Yorkshire Police – Times Law Reports

Posted February 21st, 2008 in detention, law reports, police by sally

Regina (G) v Chief Constable of West Yorkshire Police

Court of Appeal

“A custody officer who had determined that he had sufficient evidence to charge a suspect with the offence for which he had been arrested had no power to detain the suspect in custody for the purpose of enabling a crown prosecutor to decide whether or not the suspect should be charged.”

The Times, 21st 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.

R v Zafar; R v Malik; R v Raja; R v Iqbal; R v Butt – WLR Daily

Posted February 20th, 2008 in law reports, terrorism by sally

R v Zafar; R v Malik; R v Raja; R v Iqbal; R v Butt [2008] EWCA Crim 184; [2008] WLR (D) 51


“A person possessed an article for terrorist purposes if he possessed it in circumstances which gave rise to a reasonable suspicion that he intended it to be used for the purpose of the commission, preparation or instigation of an act of terrorism.” WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR sereis the corresponding WLR Daily summary is removed.

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Posted February 20th, 2008 in conflict of laws, EC law, law reports, trusts by sally

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

Pleae note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Crawford v Director of Public Prosecutions in the Queen’s Bench Divisional Court – Times Law Reports

Posted February 20th, 2008 in anonymity, law reports, reporting restrictions by sally

Crawford v Director of Public Prosecutions in the Queen’s Bench Divisional Court

Queen’s Bench Divisional Court

“Courts should take great care when imposing orders restricting the reporting of criminal proceedings.”

The Times, 20th 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.

BAILII: Recent Decisions

Posted February 19th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

The Ministry of Justice v Prison Officers Association (POA) [2008] EWHC 239 (QB) (18 February 2008)

Crystal Palace FC (2000) Ltd. v Dowie [2008] EWHC 240 (QB) (18 February 2008)

Newton-Sealey v Armorgroup Services Ltd & Ors [2008] EWHC 233 (QB) (14 February 2008)

HM Revenue & Customs v James (t/a M&D Enterprise) [2008] EWHC 230 (QB) (14 February 2008)

Brampton v Rust & Anor [2008] EWHC 216 (QB) (06 February 2008)

High Court (Technology and Construction Court)

Orange Personal Communications Services Ltd v Hoare Lea (A Firm) [2008[ EWHC 223 (TCC) (12 February 2008)

Multiplex Construction (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2008] EWHC 231 (TCC) (07 February 2008)

Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] EWHC 168 (TCC) (07 February 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 19th, 2008 in law reports by sally

High Court (Chancery Division)

Blackburn (t/a Alan Blackburn Sports Ltd) v Revenue and Customs [2008] EWHC 266 (Ch) (19 February 2008)

Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2008] EWHC 263 (Ch) (19 February 2008)

Breakspear & Ors v Ackland & Anor [2008] EWHC 220 (Ch) (19 February 2008)

Hopper v Hopper & Ors [2008] EWHC 228 (Ch) (19 February 2008)

Ansari v New India Assurance Ltd. [2008] EWHC 243 (Ch) (18 February 2008)

Gomez & Ors v Encarnacion Gomez-Monche Vives & Ors [2008] EWHC 259 (Ch) (18 February 2008)

Fowles v Heathrow Airport Ltd [2008] EWHC 219 (Ch) (15 February 2008)

AMG Global Nominees (Private) Ltd v SMM Holdings Ltd & Anor. [2008] EWHC 221 (Ch) (13 February 2008)

Falmouth House Ltd & Anor v Rahmizadeh & Ors [2008] EWHC 214 (Ch) (12 February 2008)

Alitalia-Linee Aeree Italiane SPA v Rotunno & Ors [2008] EWHC 185 (Ch) (08 February 2008)

Dadourian Group International & Anor v Simms & Ors [2008] EWHC 186 (Ch) (07 February 2008)

High Court (Commercial Court)

Gater Assets Ltd v Nak Naftogaz Ukrainiy [2008] EWHC 237 (Comm) (15 February 2008)

Ferryways NV v Associated British Ports [2008] EWHC 225 (Comm) (14 February 2008)

Standard Life Assurance Ltd v Oak Dedicated Ltd & Ors [2008] EWHC 222 (Comm) (13 February 2008)

Verity Shipping SA (“Owners”) & Anor v NVNorexa & Ors [2008] EWHC 213 (Comm) (13 February 2008)

Fujitsu Services Ltd v Electronic Data Systems Ltd [2008] EWHC 211 (Comm) (12 February 2008)

High Court (Patents Court)

Knorr-Bremse Systems for Commercial Vehicles Ltd v Haldex Brake Products GmbH [2008] EWHC 156 (Pat) (07 February 2008)

Autonomy Corporation Ltd v The Comptroller General of Patents, Trade Marks & Designs [2008] EWHC 146 (Pat) (06 February 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 19th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Zafar & Ors v R [2008] EWCA Crim 184 (13 February 2008)

K v R [2008] EWCA Crim 185 (13 February 2008)

JT v R. [2008] EWCA Crim 183 (12 February 2008)

Kelly, R. v [2008] EWCA Crim 137 (08 February 2008)

AS, R. v [2008] EWCA Crim 138 (08 February 2008)

High Court (Administrative Court)

Hansford v Southampton Magistrates’ Court [2008] EWHC 67 (Admin) (19 February 2008)

Rashid, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 232 (Admin) (14 February 2008)

Selvarajan v General Medical Council [2008] EWHC 182 (Admin) (08 February 2008)

Abrahaem v General Medical Council [2008] EWHC 183 (Admin) (08 February 2008)

C (A Minor), R (on the application of) v Secretary of State for Justice [2008] EWHC 171 (Admin) (08 February 2008)

Ribble Industrial Estates Ltd v Burnley Borough Council [2008] EWHC 178 (Admin) (07 February 2008)

United States of America v Tollman & Anor [2008] EWHC 184 (Admin) (07 February 2008)

High Court (Admiralty Division)

Parrott v Parkin [2007] EWHC 210 (Admlty) (08 February 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 19th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Fearns (t/a Autopaint International) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2008] EWCA Civ 99 (19 February 2008)

Welsh Ambulance Services NHS Trust & Anor v Williams [2008] EWCA Civ 71 (15 February 2008)

Raissi, R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 72 (14 February 2008)

Coleman & Anor v Ibstock Brick Ltd [2008] EWCA Civ 73 (14 February 2008)

Pirelli Cable Holdings & Ors v HM Revenue & Customs [2008] EWCA Civ 70 (13 February 2008)

Beasley v National Grid [2008] EWCA Civ 50 (11 February 2008)

Expandable Ltd & Anor v Rubin [2008] EWCA Civ 59 (11 February 2008)

Revenue & Customs v Bank of Ireland Britain Holdings Ltd [2008] EWCA Civ 58 (08 February 2008)

National Westminster Bank Plc v Ashe (Trustee in Bankruptcy of Djabar Babai) [2008] EWCA Civ 55 (08 February 2008)

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother & Ors [2008] EWCA Civ 56 (08 February 2008)

Holmes & Anor v South Yorkshire Police Authority [2008] EWCA Civ 51 (07 February 2008)

Aissaoui v Secretary of State for the Home Department [2008] EWCA Civ 37 (07 February 2008)

Airbus UK Ltd v MG Webb [2008] EWCA Civ 49 (07 February 2008)

Bradley & Ors, R (on the application of) v Secretary of State for Work and Pensions [2008] EWCA Civ 36 (07 February 2008)

British Energy Power &Trading Ltd & Ors v Credit Suisse & Ors [2008] EWCA Civ 53 (07 February 2008)

Prudential Assurance Company Ltd v Ayres & Anor [2008] EWCA Civ 52 (07 February 2008)

Birmingham City Council v Abdishakur Aweys & Ors [2008] EWCA Civ 48 (07 February 2008)

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22 (06 February 2008)

Greenwood Reversions Ltd. v World Environment Foundation Ltd. – and – Madhav Mehra [2008] EWCA Civ 47 (06 February 2008)

Palmer v The Estate of Kevin Palmer Deceased & Ors [2008] EWCA Civ 46 (06 February 2008)

Source: www.bailii.org

R (Raissi) v Secretary of State for the Home Department – WLR Daily

Posted February 19th, 2008 in compensation, detention, judicial review, law reports, terrorism by sally

R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72; [2008] WLR (D) 49

“The court was entitled to decide the meaning of a ministerial policy introducing an ex gratia compensation scheme. The purpose of the policy in question was to compensate those who had spent a period in custody resulting from a serious default on the part of a police officer or some other public authority, such as the Crown Prosecution Service. It was not limited to a period in custody following a wrongful conviction or charge, but applied to a person detained for the purpose of extradition proceedings where there had been serious default by the CPS or the police.”

WLR Daily, 18th 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.

Lexi Holdings plc (in Administration) v Luqman – Times Law Reports

Posted February 19th, 2008 in contempt of court, law reports, sentencing by sally

Lexi Holdings plc (in Administration) v Luqman

Chancery Division

“Permission of the sentencing judge was not required before granting an application for the grant of temporary release on licence by a prisoner serving a term of imprisonment for civil contempt.”

The Times, 19th 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.

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others – Times Law Reports

Posted February 19th, 2008 in law reports, royal family, wills by sally

Brown v Executors of the Estate of Queen Elizabeth the Queen Mother and Others

Court of Appeal

“A person who held an irrational and scandalous belief that he was the son of the late Princess Margaret was nevertheless entitled to have a substantive hearing of his claim to inspect the wills of the princess and the Queen Mother.”

The Times, 19th 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 – WLR Daily

Posted February 18th, 2008 in corporation tax, dividends, law reports by sally

Pirelli Cable Holding NV and others v Commissioners for Revenue and Customs [2008] EWCA Civ 70; [2008] WLR (D) 48

“The United Kingdom tax authorities had not assumed responsibility for eliminating double taxation on the dividend paid by a UK subsidiary to a parent resident in the Netherlands or Italy in circumstances where the UK had not levied corporation tax on the dividend.”

WLR Daily, 15th 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.