Category: law reports

Secretary of State for the Home Department v AF – WLR Daily

Posted December 4th, 2007 in criminal procedure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)

“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”

WLR Daily, 3rd 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 v Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily

Posted December 4th, 2007 in juries, law reports, verdicts by sally

R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869

“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”

WLR Daily, 3rd 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 4th, 2007 in law reports by sally

R (on the application of Countryside Alliance and others and others (Appellants)) v Her Majesty’s Attorney General and another (Respondents)R (on the application of Countryside Alliance and others (Appellants) and others) v Her Majesty’s Attorney General and another (Respondents) (Conjoined Appeals) [2007] UKHL 52 (28 November 2007)

Whaley and another (Appellant) v Lord Advocate (Respondent) (Scotland) [2007] UKHL 53 (28 November 2007)

Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2007] UKHL 54 (28 November 2007)

Source: www.parliament.uk

Aldi Stores Ltd v WSP Group plc and Others – Times Law Reports

Posted December 4th, 2007 in abuse of process, law reports by sally

Aldi Stores Ltd v WSP Group plc and Others

Court of Appeal

“In complex commercial multiparty litigation, a party wanting to pursue other proceedings but to preserve a right in existing proceedings, had to raise that issue with the court to enable it to express its view on the proper use of resources and the economic and efficient conduct of the litigation.”

The Times, 4th 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 Massey – Times Law Reports

Posted December 4th, 2007 in law reports, prostitution by sally

Regina v Massey

Court of Appeal (Criminal Division)

“The meaning of ‘control’ for the purposes of the offence of controlling prostitution for gain did not involve the words ‘compulsion’, ‘coercion’ or ‘force’.”

The Times, 4th 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.

R v Foster; R v Newman; R v Kempster; R v Birmingham – WLR Daily

Posted December 3rd, 2007 in juries, law reports, verdicts by sally

 R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869

“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”

WLR Daily, 3rd 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 (Law Society) v Legal Services Commission; Dexter Montague and Partners (a Firm) v Same – Times Law Reports

Posted December 3rd, 2007 in competition, EC law, law reports, legal services by sally

Regina (Law Society) v Legal Services Commission

“The virtually unlimited unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”

The Times, 3rd 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. 

R (Law Society) v Legal Services Commission; Dexter Montague and Partners (a firm) v Same – WLR Daily

Posted November 30th, 2007 in competition, EC law, law reports, legal services by sally

R (Law Society) v Legal Services Commission; Dexter Montague and Partners (a firm) v Same [2007] EWCA Civ 1264 

“The unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”

WLR Daily, 30th November 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.

Chandler v Secretary of State for Work and Pensions and Another – WLR Daily

Posted November 30th, 2007 in child support, law reports by sally

Chandler v Secretary of State for Work and Pensions and Another [2007] EWCA Civ 1211

“Regular payments to an absent parent which came purely out of capital were not income for the purposes of calculating liability for child maintenance. They were not “any other payments or other amounts received on a periodical basis …” for the purposes of para 15 of Sch 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.”

WLR Daily, 30th November 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.


 

BAILII: Recent Decisions

Posted November 30th, 2007 in law reports by sally

High Court (Commercial Court)

Kazakhstan v Istil Group Inc

HLB Kidsons (a firm) v Lloyds Underwriters (Policy No 621/PKID00101) & Ors

Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer International Asia Pte Ltd

High Court (Patents Court)

Anning, Re Decision of Comptroller-General of Patents

High Court (Queen’s Bench Division)

Duarte v The Black and Decker Corporation & Anor

Prince Radu of Hohenzollern v Houston & Anor

Brennan v National Westminster Bank Plc

Bell v Brown

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Posted November 30th, 2007 in care homes, duty of care, law reports by sally

Jain and Another v Trent Strategic Health Authority

Court of Appeal

“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”

The Times, 30th November 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

Kensington International Ltd v Republic of Congo and Others – Times Law Reports

Posted November 30th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v Republic of Congo and Others

Court of Appeal

“The defence of self-incrimination was not available against an order requiring disclosure of documents concerning alleged payment of bribes.”

The Times, 30th November 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

R v Winter – WLR Daily

Posted November 29th, 2007 in law reports, soliciting to murder by sally

R v Winter 

“Where a person solicited another to commit murder as a secondary, as opposed to principal, party, he was guilty of an offence of soliciting another to murder, contrary to s 4 of the Offences Against the Person Act 1861.”

WLR Daily, 29th November 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.

Aldi Stores Ltd v WSP Group plc and others – WLR Daily

Posted November 29th, 2007 in abuse of process, law reports by sally

Aldi Stores Ltd v WSP Group plc and others [2007] EWCA Civ 1260 

“Where a party in complex commercial multi-party litigation wished to pursue other proceedings whilst reserving a right in existing proceedings, that issue should be raised with the court so that the court could express its view as part of the case management as to the proper use of its resources and the efficient and economic conduct of the litigation.”

WLR Daily, 29th November 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.

BAILII: Recent Decisions

Posted November 29th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Minister for Legal Aid v Main

Contex Drouzhba Lrtd v Wiseman & Anor

Regent Security Services Ltd v Power

Cawsand Fort Management Company Ltd v Stafford & Ors

M, R  v Sutton London Borough Council

Herefordshire Council v White

Hoddinott & Ors v Persimmon Homes (Wessex) Ltd

Able (UK) Ltd. v Revenue & Customs

Jain & Anor v Trent Strategic Health Authority

AIG Europe (Ireland) Ltd v Faraday Capital Ltd

Rolls Royce Industrial Power (India) Ltd v Cox

C (A child) v XYZ County Council & Anor

EE & Brian Smith (1928) Ltd v Hodson & Ors

James v Thomas

Fairfax Gerrard Holdings Ltd & Ors v Capital Bank Plc

Sharp v Ministry of Defence

Centrica Plc & Anor v Premier Power Ltd

Aldi Stores Ltd v WSP Group Plc & Ors

Court of Appeal (Criminal Division)

Salih v R.

High Court (Administrative Court)

Slee v Secretary of State for Justice

Hasan v Secretary of State for Tarde & Industry

Paul & Anor v Assistant Deputy Coroner of Inner West London

Centro v Secretary of State for Transport & Anor

Krzyzowski v Circuit Court In Gliwice, Poland

Winchester College, Warden & Fellows Of & Anor v Food & Rural Affairs

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same – Times Law Reports

Posted November 29th, 2007 in human rights, hunting, law reports by sally

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same

House of Lords

“The prohibition of hunting wild animals with dogs and hare coursing imposed by the Hunting Act 2004 was not incompatible with the European Convention on Human Rights or inconsistent with the treaty establishing the European Union.”

The Times, 29th November 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

Gault v United Kingdom (Application No 127/05) – Times Law Reports

Posted November 28th, 2007 in bail, human rights, law reports by sally

Gault v United Kingdom (Application No 127/05)

European Court of Human Rights

“The Court of Appeal of Northern Ireland was in breach of the European Convention of Human Rights in refusing bail, when the prosecution did not object, to a mother of triplets pending retrial on a charge of murder.”

The Times, 28th November 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

Redcar and Cleveland Borough Council v Bainbridge and Others – Times Law Reports

Posted November 28th, 2007 in equal pay, law reports, women by sally

Redcar and Cleveland Borough Council v Bainbridge and Others

Court of Appeal

“A woman, who could clearly base an equal pay claim with a man in the same grade, under section 1(2)(b) of the Equal Pay Act 1970, where their two jobs were rated as equivalent following a job evaluation study, could also base such a claim on comparison with a man placed in a lower grade by such a study but who in fact received more pay than her.”

The Times, 28th November 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

Raglan Housing Association Ltd v Fairclough – Times Law Reports

Posted November 28th, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Fairclough

Court of Appeal

“A landlord could rely upon the commission of an indictable offence before a person took up a tenancy to obtain possession of the demised property under ground 14 of Schedule 2 to the Housing Act 1988, as amended by section 14 of the Housing Act 1996.”

The Times, 28th November 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

Mastercigars Direct Ltd v Withers LLP – WLR Daily

Posted November 27th, 2007 in costs, law reports, solicitors by sally

Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch) 

“A solicitors’ costs estimate was relevant on a detailed assessment of costs as a useful yardstick, by which the reasonableness of costs could be measured, and on the issue of reliance by a client on that estimate. It was not correct that unless a client was notified of the further sums payable, preferably before they were incurred, the solicitor would be unable to recover costs in excess of the estimated amount.”

WLR Daily, 26th November 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.