law reports – Page 339 – Current Awareness

Pirelli Cable Holding NV and Others v Commissioners for Revenue and Customs – Times Law Reports

Posted February 27th, 2008 in law reports by sally

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.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th 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.

R v W Stevenson & Sons (A Partnership) – WLR Daily

Posted February 27th, 2008 in criminal responsibility, law reports, partnerships by sally

R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60

“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 personal assets of the partners on the basis of the partnership’s conviction.”

WLR Daily, 26th 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.

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted February 26th, 2008 in animals, environmental protection, law reports, planning by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn; WLR (D) 59

“In considering the tension between the purposes of s136 of the Local Government Planning and Land Act 1980 (bringing land into effective use) and s40 of the Natural Environment Act 2000 (conserving biodiversity) a benevolent construction should be given to planning decisions and, where a claimant contended that a decision was procedurally flawed, it was right to look behind the words used and see what had in substance been decided.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

House of Lords Judgments: What’s new?

Posted February 26th, 2008 in law reports by sally

Scottish & Newcastle International Limited (Respondents) v Othon Ghalanos Limited (a company incorporated in Cyprus) (Appellants) [2008] UKHL 11 (20 February 2008)

Reinwood Limited (Respondents) v L Brown & Sons Limited (Appellants) [2008] UKHL 12 (20 February 2008)

Source: www.parliament.uk

Airbus UK Ltd v Webb – Times Law Reports

Posted February 26th, 2008 in disciplinary procedures, dismissal, law reports, time limits, tribunals by sally

Airbus UK Ltd v Webb

Court of Appeal

“An employment tribunal was entitled to find that an employee’s dismissal for misconduct was fair, even though the employer, in his response to the reason for the dismissal, had taken account of previous similar misconduct which was the subject of an expired final warning.”

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.

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.