Category: law reports

Boss Holdings Ltd v Grosvenor West End Properties and another – WLR Daily

Posted January 31st, 2008 in landlord & tenant, law reports by sally

Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16

“A property which had been ‘designed … for living in’ when it was originally built, and which remained substantially so designed, was a ‘house’ within the meaning of s 2(1) of the Leasehold Reform Act 1967 regardless of whether it had subsequently become internally dilapidated and incapable of immediate residential occupation.”

WLR Daily, 30th January 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.

House of Lords Judgments: What’s new?

Posted January 31st, 2008 in law reports by sally

In Re Hilali (Respondent) (application for a writ of Habeas Corpus) [2008] UKHL 3 (30 January 2008)

In re Duffy (FC) (Appellant) (Northern Ireland) [2008] UKHL 4 (30 January 2008)

Boss Holdings Limited (Appellants) v Grosvenor West End Properties and others (Respondents) [2008] UKHL 5 (30 January 2008)

A (Appellant) v Hoare (Respondent), C (FC) (Appellant) v Middlesbrough Council (Respondents), X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents) (Conjoined Appeals), H (FC) (Appellant v Suffolk County Council (Respondents),Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents) [2007] UKHL 6 (30 January 2008)

Source: www.parliament.uk

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 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. 

Thompstone v Tameside and Glossop Acute Services NHS Trust – Times Law Reports

Posted January 30th, 2008 in law reports, periodical payments, personal injuries by sally

Thompstone v Tameside and Glossop Acute Services NHS Trust
Corbett v South Yorkshire Strategic Health Authority
RH v United Bristol Healthcare NHS Trust
De Haas v South West London Strategic Health Authority

Court of Appeal

“Where a court made a periodical payments order for a claimant in proceedings involving catastrophic injury in the context of future care, of which the main element was the wages of the carers, the annual earnings survey published for care assistants and home carers was the more appropriate and usable index than the retail price index.”

The Times, 30th January 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 v Y [2008] EWCA Crim 10 – WLR Daily

Posted January 29th, 2008 in hearsay evidence, law reports by sally

R v Y [2008] EWCA Crim 10; [2008] WLR (D) 15

“Many rulings made by trial judges could properly be described both as relating to ‘offences included in the indictment’ and as being evidentiary and as such came within the provisions of s 58 of the Criminal Justice Act 2003, allowing the Crown to appeal against them provided it agreed, pursuant to s 58(8), that if the appeal failed the defendant had to be acquitted.”

WLR Daily, 28th January 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.

British Broadcasting Corporation v Sugar and another; R (British Broadcasting Corporation) v Information Tribunal; R (Sugar) v Information Commissioner – WLR Daily

Posted January 29th, 2008 in freedom of information, judicial review, law reports by sally

British Broadcasting Corporation v Sugar and another; R (British Broadcasting Corporation) v Information Tribunal; R (Sugar) v Information Commissioner; [2008] WLR (D) 14

“The BBC was a public authority to a limited extent in respect of information not held for the purpose of journalism and not otherwise; and that the information tribunal had no jurisdiction to consider a letter which on its face had not been a decision letter of the Information Commissioner.”

WLR Daily, 28th January 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 (Griffin) v Richmond Magistrates’ Court – WLR Daily

Posted January 29th, 2008 in fraud, human rights, insolvency, law reports by sally

R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13

“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th January 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 Astron Clinica Ltd and others – WLR Daily

Posted January 29th, 2008 in computer programs, law reports, patents by sally

In re Astron Clinica Ltd and others [2008] EWHC 85 (Pat); [2008] WLR (D) 12

“Claims to computer programs were not necessarily excluded from patentability by art 52 of the Convention on the Grant of European Patents 1973. Where claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method were allowable, then, in principle, a claim to the program itself should be allowable.”

WLR Daily, 28th January 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.

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same – WLR Daily

Posted January 29th, 2008 in EC law, immigration, law reports by sally

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same [2008] EWCA Civ 13;[2008] WLR (D) 11

“The right of a citizen of the European Union and his family members to move and reside freely within the territory of the Member States did not extend to “other family members” (falling within art 3(2)(a) but not art 2(2) of Parliament and Council Directive 2004/38/EC) who had not been the dependants or members of the household of the Union citizens in the European Economic Area state from which the citizen had moved.”

WLR Daily, 28th January 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 Corpn v Alford and another – WLR Daily

Posted January 29th, 2008 in breach of trust, law reports, time limits by sally

Statek Corpn v Alford and another [2008] EWHC 32 (Ch); [2008] WLR (D) 10

“S 21(1) of the Limitation Act 1980 applied to a claim by a beneficiary under a trust against an accessory to fraudulent breaches of trust committed by other people so that no limitation period applied to such claims.”

WLR Daily, 28th January 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.

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport – Times Law Reports

Posted January 29th, 2008 in appeals, law reports, Transport Tribunal by sally

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport

Court of Appeal

“In order to appeal to the Court of Appeal from the Transport Tribunal it was not necessary to obtain permission to appeal although the appeal had to be on a point of law.”

The Times, 29th January 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 (Payir and Others) v Secretary of State for the Home Department Case – Times Law Reports

Posted January 29th, 2008 in EC law, immigration, law reports by sally

Regina (Payir and Others) v Secretary of State for the Home Department Case C-294/06

Court of Justice of the European Communities

“The right of a Turkish national to continue in employment in an EC member state after working there for more than a year, was not affected by the fact that that person had initially been given leave to enter the country as an au pair or as a student.”

The Times, 29th January 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 January 28th, 2008 in law reports by sally

Court of Appeal (Civil Division)

KG (Sri Lanka) & Anor v Secretary of State for the Home Department [2008] EWCA Civ 13 (25 January 2008)

Irving v Revenue and Customs [2008] EWCA Civ 6 (25 January 2008)

Dixon v Marchant [2008] EWCA Civ 11 (24 January 2008)

Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9 (24 January 2008)

MA Holdings Ltd. v George Wimpey UK Ltd, R (of the Application of) & Anor [2008] EWCA Civ 12 (24 January 2008)

ZT (Kosovo) v Secretary of State for the Home Department [2008] EWCA Civ 14 (24 January 2008)

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 10 (21 January 2008)

Court of Appeal (Criminal Division)

Y, R v [2008] EWCA Crim 10 (25 January 2008)

Sultan v R [2008] EWCA Crim 6 (23 January 2008)

Doncaster v R [2008] EWCA Crim 5 (23 January 2008)

NW & Ors, R v [2008] EWCA Crim 2 (23 January 2008)

High Court (Administrative Court)

SK, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 98 (Admin) (25 January 2008)

Welsh Ministers v The Care Standards Tribunal & Anor [2008] EWHC 49 (Admin) (24 January 2008)

High Court (Chancery Division)

Kalatara Holdings Ltd v Benedict Thomas Andersen & Anor [2008] EWHC 86 (Ch) (25 January 2008)

D Jacobson & Sons Ltd v Globe GB Ltd Globe Europe SAS [2008] EWHC 88 (Ch) (25 January 2008)

The Official Receiver v Watson & Anor [2008] EWHC 64 (Ch) (24 January 2008)

Revenue and Customs v Dempster (t/a Boulevard) [2008] EWHC 63 (Ch) (24 January 2008)

Brunel Motor Company Ltd v Revenue and Customs & Anor [2008] EWHC 74 (Ch) (24 January 2008)

Knowlden v Tehrani & Ors [2008] EWHC 54 (Ch) (23 January 2008)

High Court (Commercial Court)

Patel v Windsor Life Assurance Company Ltd [2008] EWHC 76 (Comm) (25 January 2008)

High Court (Queen’s Bench Division)

Griffin, R (on the application of) v Richmond Magistrates’ Court [2008] EWHC 84 (QB) (25 January 2008)

Akinleye v East Sussex Hospitals NHS Trust [2008] EWHC 68 (QB) (25 January 2008)

Walker & Anor v Secretary of State for Communities and Local Government & Ors [2008] EWHC 62 (QB) (24 January 2008)

The Picture Warehouse Ltd v Cornhill Investments Ltd. [2008] EWHC 45 (QB) (23 January 2008)

Source: www.bailii.org

Phillips and Another v Symes and Others (No 4) – Times Law Reports

Posted January 28th, 2008 in law reports, service out of jurisdiction by sally

Phillips and Another v Symes and Others (No 4)

House of Lords

“A High Court judge was entitled to exercise his discretion to dispense with service of an English language claim form on defendants abroad in order to enable a case launched in England to take priority over proceedings in Switzerland.”

The Times, 28th January 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 – WLR Daily

Posted January 25th, 2008 in appeals, care homes, law reports, tribunals by sally

 Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8

“The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”

WLR Daily, 25th January 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. 

Marchant v Dixon [2008] – WLR Daily

Posted January 25th, 2008 in divorce, law reports by sally

Marchant v Dixon [2008] EWCA Civ 11; [2008] WLR (D) 7

“Re-marriage shortly after the making of a consent order which had provided for payment of a lump sum to capitalise a wife’s periodical payments did not constitute a ‘Barder event’ invalidating the order.”

WLR Daily, 25th January 2008Source: 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. 

Irving v Revenue & Customs Commissioners – WLR Daily

Posted January 25th, 2008 in income tax, law reports by sally

 Irving v Revenue & Customs Commissioners [2007] EWCA Civ 6

“An employer who placed shares in an employee’s retirement benefit scheme was to be treated as having “paid a sum” into the scheme for the purposes of s 595(1) of the Income and Corporation Taxes Act 1988 (since repealed), rendering the employee liable to income tax on the value of the shares.”

WLR Daily, 25th January 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. 

Fleming (t/a Bodycraft) v Revenue and Customs Commissioners – Times Law Report

Posted January 25th, 2008 in EC law, law reports, retrospectivity, time limits, VAT by sally

Fleming (t/a Bodycraft) v Revenue and Customs Commissioners
Conde Nast Publications Ltd v Same

House of Lords

“There was a breach of European Union law in the absence of a transitional period when the legislature introduced a retrospective time limit within which those liable to value-added tax could make a claim for overpaid input tax.”

The Times, 25th January 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.
 

White v Herefordshire Council – Times Law Report

Posted January 25th, 2008 in law reports, planning by sally

White v Herefordshire Council

Court of Appeal

“A purchase notice under Part VI of the Town and Country Planning Act 1990 could not be amended but there was nothing to prevent the landowner from serving a second notice if, for example, the planning authority decided the first was defective.”

The Times, 25th January 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.

Phillips and another v Symes and others – WLR Daily

Posted January 24th, 2008 in law reports, service out of jurisdiction by sally

Phillips and another v Symes and others [2008] UKHL 1; [2008] WLR (D) 6

“A judge was entitled in exceptional circumstances to dispense under CPR r 6.9 with service of a claim form so that the claimants would have priority of seisin under art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Sch 3C to the Civil Jurisdiction and Judgments Act 1982).”

WLR Daily, 23rd January 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.