law reports – Page 350 – Current Awareness

“A shared residence order made by a family court in uncontested proceedings did not determine the question whether a parent in whose favour the order was made had a priority need for housing as a homeless person with dependent children who might reasonably be expected to reside with him.”

The Times, 19th 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.

O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports

Posted November 19th, 2007 in law reports, substitution, time limits by sally

O’Byrne v Aventis Pasteur MSD Ltd

Court of Appeal

“Where a claimant had made a mistake about the name but not the identity of the defendant, that name could be substituted after the expiry of the limitation period, where substitution was necessary required in order to determine the original action.”

The Times, 19th 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.

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted November 19th, 2007 in asylum, law reports, Sudan by sally

AH (Sudan) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening)

“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that the starting point of the assessment had to be consideration of conditions prevailing in the area from where the claimant had fled. It was for the decision maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”

WLR Daily, 16th 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.

Sumukan Ltd v Commonwealth Secretariat (No 2) – WLR Daily

Posted November 19th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148

“Where a contract contained a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance rendered that arbitrator’s participation unlawful and the award a nullity. If the claimant could not with reasonable diligence have discovered the lack of validity within s 73 of the Arbitration Act 1996, the arbitrators lacked substantive jurisdiction under s 67 of the 1996 Act and the award would be set aside.”

WLR Daily, 16th 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.

Secretary of State for Trade and Industry v Vohora and another – WLR Daily

Posted November 19th, 2007 in company directors, disqualification, law reports, time limits by sally

Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)

“A claim by the Secretary of State for Trade and Industry to disqualify a director of a company, on the ground that it was expedient in the public interest, had to be brought, rather that started, within two years. Therefore the two-year period was a limitation provision and, in accordance with CPR Pt 7, para 5, where the Secretary of State’s claim form was received in the court office on a date earlier than the date on which it was issued, the claim was “brought” for the purposes of the two-year period on that earlier date.”

WLR Daily, 16th 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.

Regina v Brown (Kirsty) – Times Law Reports

Posted November 16th, 2007 in armed forces, courts martial, law reports by sally

Regina v. Brown (Kirsty)

Courts-Martial Appeal Court

“There was no principle by which a serviceman absent without leave ceased to be under an obligation to obey a lawful order.”

The Times, 16th 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

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted November 16th, 2007 in care workers, human rights, law reports by sally

Regina (Wright and Others) v. Secretary of State for Health and Another

Court of Appeal

“Those who worked with vulnerable adults should be given the opportunity to make representations before being placed on a list preventing them doing such work.”

The Times, 16th 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 (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th 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.

AH and Others (Sudan) v Secretary of State for the Home Department – Times Law Reports

Posted November 15th, 2007 in asylum, deportation, law reports, Sudan by sally

AH and Others (Sudan) v Secretary of State for the Home Department

House of Lords

“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that consideration of conditions in the place of habitual residence had to be the starting point of the assessment. It was for the decision-maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”

The Times, 15th 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.

House of Lords Judgments: What’s new?

Posted November 15th, 2007 in law reports by sally

Secretary of State for the Home Department (Appellant) v. AH (Sudan) and others (FC) (Respondents) [2007] UKHL 49 (14 November 2007)

Source: www.parliament.uk

Daily Telegraph Law Reports, 15th November 2007

Posted November 15th, 2007 in law reports by sally

Raglan Housing Association Ltd. v. Fairclough

R (Independent Police Complaints Commission) v. Chief Constable of West Midlands Police

Moody v. General Osteopathic Council

Wandsworth LBC v. Randall

Ellis v. William Cook Leeds Ltd.

Conn v. Sunderland CC

Daily Telegraph, 15th November 2007

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available free online for one week only.

BAILII: Recent Decisions

Posted November 14th, 2007 in law reports by sally

High Court (Chancery Division)

Gaines-Cooper v Revenue and Customs [2007] EWHC 2617 (Ch) (13 November 2007)

Tackaberry & Anor v Hollis & Ors [2007] EWHC 2633 (Ch) (13 November 2007)

Van Der Merwe & Anor v IIG Capital LLC [2007] EWHC 2631 (Ch) (13 November 2007)

High Court (Commercial Court)

El Nasharty v J. Sainsbury Plc [2007] EWHC 2618 (Comm) (13 November 2007)

Source: www.bailii.org

Soulsbury v Soulsbury – Times Law Reports

Posted November 14th, 2007 in divorce, law reports, periodical payments, wills by sally

Agreement has legal force

Soulsbury v Soulsbury

Court of Appeal

“An agreement between spouses to compromise an ancillary relief claim need not be approved by the court to have legal force.”

The Times, 14th 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.

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Posted November 14th, 2007 in housing, law reports, restrictive covenants by sally

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th 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.

Regina v Cartwright – WLR Daily

Posted November 13th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

Regina v Cartwright [2007] EWCA Crim 2581

“The restrictions imposed by s 41 of the Youth Justice and Criminal Evidence Act 1999 on the calling of evidence of, and cross-examination as to, complainants’ sexual history applied to trials conducted after the coming into force of the Sexual Offences Act 2003, in respect of sexual offences allegedly committed before that date, even though the latter statute failed to contain a saving provision specifically to that effect.”

WLR Daily, 7th November 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hawkes v Cuddy and Others – Times Law Reports

Posted November 13th, 2007 in company directors, declaratory judgment, insolvency, law reports by sally

Judge’s order inappropriate

Hawkes v Cuddy and Others

Court of Appeal

“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”

The Times, 13th 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.

Secretary of State for the Home Department v E and Another – Times Law Reports

Posted November 13th, 2007 in control orders, law reports, terrorism by sally

Home Secretary did not breach control order duty

Secretary of State for the Home Department v E and Another

House of Lords

“It was not a condition precedent to the making or renewal of a nonderogating control order that the Secretary of State for the Home Department should comply with his duty to keep under review the prospect of successfully prosecuting the controlled person for a terrorism-related activity.”

The Times, 13th 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.

House of Lords Judgments: What’s new?

Posted November 12th, 2007 in law reports by sally

Secretary of State for the Home Department (Appellant) v. JJ and others (FC) (Respondents) [2007] UKHL 45 (31 October 2007)

Secretary of State for the Home Department v. MB (FC) (Appellant) [2007] UKHL 46 (31 October 2007)

Secretary of State for the Home Department Respondent v. E and another (Appellant) [2007] UKHL 47 (31 October 2007)

Office of Fair Trading (Respondents) v Lloyds TSB Bank plc and others (Appellants) and others (Respondents) [2007] UKHL 48 (31 October 2007)

Source: www.parliament.uk