law reports – Page 343 – Current Awareness

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.

Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners – WLR Daily

Posted January 24th, 2008 in EC law, law reports, retrospectivity, time limits, VAT by sally

Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners [2008] UKHL 2; [2008] WLR (D) 5

“The absence of a transitional period when the legislature introduced a retrospective time limit within which value added taxpayers could make a claim for overpaid input tax amounted to a breach of European Community law. Therefore the time limit had to be disapplied in respect of those who had accrued rights when the retrospective time limit was introduced, and in all the circumstances it was for the legislature and not the court to introduce an adequate transitional period.”

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.

House of Lords Judgments: What’s new?

Posted January 24th, 2008 in law reports by sally

Phillips and Another (suing as administrators of the estate of Christo Michailidis) V Symes and Others [2008] UKHL 1 (23 January 2008)

Fleming (t/a Bodycraft) (Respondent) v Her Majesty’s Revenue and Customs (Appellants) Conde Nast Publications Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) [2008] UKHL 2 (23 January 2008)

Source: www.parliament.uk

Commissioner of Police of Bermuda and Another v Bermuda Broadcasting Co Ltd and Others – Times Law Reports

Posted January 24th, 2008 in Bermuda, confidentiality, corruption, elections, law reports, public interest by sally

Commissioner of Police of Bermuda and Another v Bermuda Broadcasting Co Ltd and Others

Privy Council

“The public interest in the freedom of the media to disseminate information relating to those who submitted themselves for election as legislators overrode the public interest in maintaining the confidentiality of documents relating to a police investigation into allegations of corruption.”

The Times, 24th 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.

Nelson v Greening and Sykes (Builders) Ltd – Times Law Report

Posted January 22nd, 2008 in costs, law reports, sale of land, trusts by sally

Nelson v Greening and Sykes (Builders) Ltd

Court of Appeal

“Although the practical effect of a beneficial owner of property making a declaration of trust in favour of a third party would be to get rid of the trust of an equitable interest then subsisting, as a matter of law, the beneficial owner would not drop out of the picture but would hold the beneficial interest on trust for the third party.”

The Times, 22nd 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.

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 22nd, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07); WLR (D) 5

“On the proper interpretation of art 7(2) (first indent) of Council Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.”

WLR Daily, 21st 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.