law reports – Page 346 – Current Awareness

“In distinguishing oral promises as either guarantees or indemnities under the Statute of Frauds 1677, the classic criterion relying on interest in the transaction was not to be taken literally; not every interest in the transaction took the promise out of the statute.”

The Times, 19th December 2007

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.

Kitfix Swallow Group Ltd v Great Gizmos Ltd – Times Law Reports

Posted December 19th, 2007 in law reports, stay of proceedings, trade marks by sally

Kitfix Swallow Group Ltd v Great Gizmos Ltd

“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”

The Times, 19th December 2007

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.

Sumukan Ltd v Commonwealth Secretariat (No 2)

Posted December 18th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2)

Court of Appeal

“Failure to comply with proper procedure in appointing an arbitrator rendered the appointment invalid and the award a nullity.”

The Times, 18th December 2007

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 (Main) v Minister for Legal Aid – Times Law Reports

Posted December 18th, 2007 in human rights, inquests, law reports, legal aid by sally

Regina (Main) v Minister for Legal Aid

Court of Appeal

“An inquest held in public was an inquisitorial, not an adversarial process and the coroner could reasonably be expected to carry out a proper investigation without the assistance of counsel for any victims’ families.”

The Times, 18th December 2007

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.

Collier v P & M J Wright (Holdings) Ltd – WLR Daily

Posted December 17th, 2007 in bankruptcy, debts, law reports by sally

Collier v P & M J Wright (Holdings) Ltd

“Where a debtor offered to pay part only of the amount he owed and the evidence showed the creditor voluntarily accepted that offer, and relying on that acceptance the debtor paid that part of the amount he owed in full, the creditor would be bound to accept that sum in full and final satisfaction of the whole debt by virtue of the doctrine of promissory estoppel.”

WLR Daily, 17th December 2007

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.

Secretary of State for the Home Department v AF (No 2) – Times Law Reports

Posted December 17th, 2007 in appeals, control orders, law reports by sally

Secretary of State for the Home Department v AF (No 2)

Queen’s Bench Division

“A judge who had decided that the making of a nonderogating control order was flawed was not for that reason disqualified from reconsidering the case when it was remitted after a successful appeal.”

The Times, 17th December 2007

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 (Independent Police Complaints Commission) v Chief Constable of West Midlands Police and Others – Times Law Reports

Posted December 17th, 2007 in law reports by sally

Regina (Independent Police Complaints Commission) v Chief Constable of West Midlands Police and Others

Queen’s Bench Division

“At a review of the decision of a disciplinary hearing into the conduct of a police officer, the chief constable had a discretion whether to allow the attendance of parties other than the officer concerned.”

The Times, 17th December 2007

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 v Mohammed; Regina v Osman – Times Law Reports

Posted December 17th, 2007 in law reports by sally

Regina v Mohammed; Regina v Osman

Court of Appeal Criminal Division

“When refugees arrived in the United Kingdom without documents or using false ones, a compromise had to be maintained between legislative control over entry, with arrangements reflecting the stark realities faced by refugees with genuine claims, taking account of refugees with bogus claims. “

The Times, 17th December 2007

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.

Spiers (Procurator Fiscal) v Ruddy – WLR Daily

Posted December 17th, 2007 in law reports by sally

“A breach of the requirement, under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, that criminal charges against an accused should be determined within a reasonable time did not give rise to a continuing breach which could not be cured save by a discontinuation of proceedings and, consequently, the Lord Advocate did not act incompatibly with a person’s Convention right by continuing to prosecute him after such a breach had occurred.”

Spiers (Procurator Fiscal) v Ruddy [2007] UKPC D2

WLR Daily, 13th December 2007

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 (Al-Jedda) v Secretary of State for Defence (JUSTICE and another intervening) – WLR Daily

Posted December 17th, 2007 in law reports by sally

“The detention without trial by British forces of persons in Iraq pursuant to the legal regime established by UN Security Council Resolution 1546 as being necessary for imperative reasons of security was attributable to the United Kingdom rather than the United Nations but was not contrary to the detainee’s right to liberty under art 5(1) of the European Convention on Human Rights because the obligation to carry out Security Council resolutions prevailed over all other international agreements including the Convention.”

R (Al-Jedda) v Secretary of State for Defence (JUSTICE and another intervening) [2007] UKHL 58

WLR Daily, 13th December 2007

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 v Adams – Times Law Reports

Posted December 14th, 2007 in criminal procedure, law reports, witnesses by sally

Regina v Adams

Court of Appeal, Criminal Division

“It was not good enough to ensure the attendance of a witness to leave making contact until the last working day before the trial.”

The Times, 14th December 2007

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.

International Transport Workers’ Federation and Another v Viking Line ABP and Another – Times Law Reports

Posted December 14th, 2007 in EC law, freedom of establishment, industrial action, law reports, shipping law by sally

International Transport Workers’ Federation and Another v Viking Line ABP and Another

Court of Justice of the European Communities

“The protection of workers could justify industrial action causing a restriction on freedom of establishment of a shipowner proposing to reflag the vessel for economic reasons.”

The Times, 14th December 2007

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 (Al-Jedda) v Secretary of State for Defence – Times Law Reports

Posted December 13th, 2007 in armed forces, detention, Iraq, law reports, terrorism by sally

Regina (Al-Jedda) v Secretary of State for Defence

“The detention without trial of persons in Iraq by British Armed Forces under the legal regime established by United Nations Security Council Resolution 1546 was attributable to the United Kingdom rather than the UN.”

The Times, 13th December 2007

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.

Meretz Investments NV and another v ACP Ltd and others – WLR Daily

Posted December 13th, 2007 in contracts, law reports, mortgages, unlawful means conspiracy by sally

Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303

“Where a party did something which he was entitled to do because of his contractual right conferred by A, the fact that it resulted in a breach of B’s contract with A could not constitute unlawful means of which A could complain in an action for damages for unlawful means conspiracy.”

WLR Daily, 12th December 2007

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.

Daily Telegraph Law Reports, 13th December 2007

Posted December 13th, 2007 in law reports by sally

Friend v Lord Advocate

R (Countryside Alliance & Ors) v Attorney General & Anr

Prince Radu of Hohenzollern v Houston & Anr

R (Bolt) v Chief Constable of Mersyside & Anr

Kola & Anr v Secretary of State for Work & Pensions

Novartis Grimsby Ltd v Cookson

Daily Telegraph, 13th December 2007

Source: www.telegraph.co.uk

New ISG Ltd v Vernon and Others – Times Law Reports

Posted December 12th, 2007 in law reports, transfer of undertakings by sally

New ISG Ltd v Vernon and Others

“A purposive construction should be given to regulation 4(7) of the Transfer of Undertakings (Protection of Employment) Regulations (SI 2006 No 346) so as to accord with the fundamental freedom of the employee to choose his employer.”

The Times, 12th December 2007

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.

Hill and Another v Haines – Times Law Reports

Posted December 12th, 2007 in bankruptcy, debts, divorce, law reports by sally

Hill and Another v Haines

“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”

The Times, 12th December 2007

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.

Law Society of England and Wales and others v Shah and others – WLR Daily

Posted December 12th, 2007 in bankruptcy, insurance, law reports, third parties by sally

Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)

“It was possible for a third party, who had a ‘bankruptcy debt’, to claim payment from the debtor’s insurer under the Third Parties (Rights Against Insurers) Act 1930 after the debtor had been made bankrupt and discharged. In order to do so it was necessary to establish the liability of the debtor which could be achieved by a judicial determination of the third party’s right to prove the debt in the debtor’s bankruptcy.”

WLR Daily, 11th December 2007

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 December 12th, 2007 in law reports by sally

Clarke (Appellant) v Fennoscandia Limited and others (Respondents) (Scotland) [2007] UKHL 56 (12 December 2007)

Saber (AP) (Appellant) v Secretary of State for the Home Department (Respondent) [2007] UKHL 57 (12 December 2007)

R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) [2007] UKHL 58 (12 December)

Source: www.parliament.uk