Category: law reports

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th 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.

Statek Corporation v Alford and Another – Times Law Reports

Posted February 12th, 2008 in breach of trust, law reports, time limits by sally

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th 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.

Majorstake Ltd v Curtis – Times Law Reports

Posted February 12th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis

House of Lords

“‘Premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises.”

The Times, 12th 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 (Haase) v Independent Adjudicator – Times Law Reports

Posted February 11th, 2008 in disciplinary procedures, law reports, prison officers by sally

Regina (Haase) v Independent Adjudicator

Queen’s Bench Division

“Prison disciplinary hearings by independent adjudicators, in which the prosecution case was presented by a prison officer who might also be a witness, were not incompatible with the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

The Times, 11th 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.

Maye v Director of Public Prosecutions, Northern Ireland – Times Law Reports

Posted February 11th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions, Northern Ireland

House of Lords

“An interest in an unadministered intestate estate and an action for damages for false im-prisonment were both ‘things in action’ and therefore ‘property’ when determining the amount that might be realised for the purpose of a confiscation order.”

The Times, 11th 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.

Ofulue and Another v Bossert – Times Law Reports

Posted February 11th, 2008 in adverse possession, human rights, law reports by sally

Ofulue and Another v Bossert

Court of Appeal

“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th 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. 

Laskar v Laskar – WLR Daily

Posted February 11th, 2008 in cohabitation, law reports, mortgages by sally

Laskar v Laskar; [2008] WLR (D) 39

“The presumption that the legal and beneficial interests of a domestic property conveyed into joint names were, in the absence of an agreement between the parties, joint and equal applied to a family home occupied by cohabitants. The presumption did not apply to commercial properties or to property purchased as an investment even where the purchasers belonged to the same family.”

WLR Daily, 8th 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 (Bradley and others) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 11th, 2008 in government departments, law reports, maladministration, pensions by sally

R (Bradley and others) v Secretary of State for Work and Pensions and others; [2008] WLR (D) 38

“Where the Parliamentary Commissioner had found maladministration in a ministerial department, the Secretary of State, although not bound by the Commissioner’s decision, was not entitled to reject the Commissioner’s finding on the basis that he preferred another view which could not be categorised as irrational.”

WLR Daily, 8th 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.

Betterment Properties (Weymouth) Ltd v Dorset County Council – WLR Daily

Posted February 11th, 2008 in commons, evidence, law reports by sally

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22; [2008] WLR (D) 37

“On an application to the High Court to remove land from the register of town and village greens, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

WLR Daily, 8th 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 (Aweys and others) v Birmingham City Council – WLR Daily

Posted February 11th, 2008 in homelessness, housing, law reports by sally

R (Aweys and others) v Birmingham City Council [2008] EWCA Civ 48; [2008] WLR (D) 36

“In the case of the homeless in priority need it was not lawful, for the purposes of the duty to secure accommodation pursuant to s193 (2) of the Housing Act 1996, for a local housing authority, pending permanent re-housing, to leave those found to be homeless but not on the streets within the very accommodation found to be unsuitable for accommodation.”

WLR Daily, 8th 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 (G) v Chief Constable of West Yorkshire Police – WLR Daily

Posted February 7th, 2008 in detention, law reports, police by sally

R (G) v Chief Constable of West Yorkshire Police [2008] EWCA Civ 28; [2008] WLR (D) 35

“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.”

WLR Daily, 6th 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.

Pilecki v Circuit Court of Legnica, Poland – WLR Daily

Posted February 7th, 2008 in extradition, law reports, sentencing by sally

Pilecki v Circuit Court of Legnica, Poland [2008] UKHL 7; [2008] WLR (D) 34

“The judge, in considering the making of an extradition order under a European arrest warrant in a conviction case where the sentences had been aggregated, was not concerned with the lengths of the individual sentences; it sufficed if the aggregate sentence was of at least four months.”

WLR Daily, 6th 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.

Maye v Director of Public Prosecutions in Northern Ireland – WLR Daily

Posted February 7th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33

“The appellant’s interest in his parents’ unadministered estates and an action by him for damages for false imprisonment were ‘things in action’ and so ‘property’ within the definition in art 3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.”

WLR Daily, 6th 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.

Majorstake Ltd v Curtis – WLR Daily

Posted February 7th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis [2008] UKHL 10; [2008] WLR (D) 32

“For the purposes of s 47(2) of the Leasehold Reform, Housing and Urban Development Act 1993 ‘the premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises. The combination of the tenant’s flat and the flat immediately below it in a block of 50 flats on nine floors did not comprise “the premises” in which the tenant’s flat was contained. The landlord’s proposal to redevelop the two flats into a single unit could not therefore defeat the tenant’s right to acquire a new lease.”

WLR Daily, 6th 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 Clarke; R v McDaid – WLR Daily

Posted February 7th, 2008 in indictments, law reports by sally

R v Clarke; R v McDaid [2008] UKHL 8; [2008] WLR (D) 31

“Where for most of a criminal trial there had been no signed indictment the proceedings had been invalid.”

WLR Daily, 6th 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.

In re Airbase (UK) Ltd; In re Airbase International Services Ltd – WLR Daily

Posted February 7th, 2008 in floating charges, insolvency, law reports by sally

In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch); [2008] WLR (D) 30

“The provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”

WLR Daily, 6th 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.

Regins v Clarke Regina v McDaid – Times Law Reports

Posted February 7th, 2008 in indictments, law reports by sally

Regina v Clarke; Regina v McDaid

House of Lords

“Where there had been no signed indictment during most of a criminal trial, the proceedings were invalid.”

The Times, 7th 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.

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th 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 (Walker) v Secretary of State for Justice – WLR Daily

Posted February 6th, 2008 in law reports, parole, prisons, rehabilitation by sally

R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28

“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”

WLR Daily, 5th 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.

In re Trinity Mirror plc and others – WLR Daily

Posted February 6th, 2008 in anonymity, injunctions, law reports, media by sally

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th 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.