Category: law reports

Harouki v Kensington and Chelsea London Borough Council – Times Law Reports

Posted November 12th, 2007 in homelessness, housing, law reports by sally

Unlawful housing reasonable

Harouki v Kensington and Chelsea London Borough Council

Court of Appeal

“Where a tenant applied to be treated as homeless because where she lived with her family was statutorily overcrowded, and occupation of such accommodation was a summary offence under section 327 of the Housing Act 1985, the housing authority was entitled to conclude, having regard to local conditions, that it would not be unreasonable for the family to stay there.”

The Times, 12th 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.

Office of Fair Trading v Lloyds TSB Bank plc and Others – Times Law Reports

Posted November 12th, 2007 in consumer credit, consumer protection, extraterritoriality, law reports by sally

Credit card protection is extra-territorial

Office of Fair Trading v Lloyds TSB Bank plc and Others

House of Lords

“The right of consumers to hold United Kingdom credit card companies liable for a breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”

The Times, 12th 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.

BAILII: Recent Decisions

Posted November 9th, 2007 in law reports by sally

High Court (Administrative Court)

Rumbold v The General Medical Council [2007] EWHC 2569 (Admin) (09 November 2007)

Hardman, R (on the application of) v The Social Security and Child Support Commissioners & Anor [2007] EWHC 2437 (Admin) (09 November 2007)

LT and DT v City & County of Cardiff & Anor [2007] EWHC 2568 (Admin) (09 November 2007)

Shore v Sedgwick Financial Services Ltd & Ors [2007] EWHC 2509 (Admin) (08 November 2007)

Casey, R (on the application of) v Restormel Borough Council [2007] EWHC 2554 (Admin) (07 November 2007)

Mpasi, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 2562 (Admin) (07 November 2007)

Residents Against Waste Site Ltd v Lancashire County Council & Anor [2007] EWHC 2558 (Admin) (07 November 2007)

Hill v Bedfordshre County Council [2007] EWHC 2435 (Admin) (02 November 2007)

Brinsons (a firm), R (on the application of) v Financial Ombudsman Service Ltd. [2007] EWHC 2534 (Admin) (02 November 2007)

Hertfordshire County Council v National Grid Gas plc [2007] EWHC 2535 (Admin) (02 November 2007)

High Court (Chancery Division)

Hicks v Russell Jones & Walker [2007] EWHC 2545 (Ch) (05 November 2007)

High Court (Commercial Court)

Outokumpu Stainless Ltd v AXA Global Risks (UK) Ltd & Ors [2007] EWHC 2555 (Comm) (08 November 2007)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 9th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 (07 November 2007)

Kensington International Ltd v Republic of Congo [2007] EWCA Civ 1128 (07 November 2007)

Wandsworth v Randall [2007] EWCA Civ 1126 (07 November 2007)

Winter & Anor v Traditional & Contemporary Contracts Ltd [2007] EWCA Civ 1088 (07 November 2007)

London Borough of Southwark v Dennett [2007] EWCA Civ 1091 (07 November 2007)

Albon (t/a NA Carriage CO) v Naza Motor Trading SDN BHD [2007] EWCA Civ 1124 (06 November 2007)

Khan & Anor v The Home Office [2007] EWCA Civ 1092 (05 November 2007)

Home Office v Evans & Anor [2007] EWCA Civ 1089 (02 November 2007)

Vaughan v Vaughan [2007] EWCA Civ 1085 (02 November 2007)

Couronne & Ors v Bontemps & Ors [2007] EWCA Civ 1086 (02 November 2007)

Harrold v North Bristol NHS Trust [2007] EWCA Civ 1090 (02 November 2007)

Warwickshire County Council v M & Ors [2007] EWCA Civ 1084 (01 November 2007)

Raglan Housing Association Ltd. v Fairclough [2007] EWCA Civ 1087 (01 November 2007)

Court of Appeal (Criminal Division)

Cartwright, R v [2007] EWCA Crim 2581 (07 November 2007)

H v R. [2007] EWCA Crim 2622 (07 November 2007)

Source: www.bailii.org

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities – WLR Daily

Posted November 9th, 2007 in data protection, EC law, law reports by sally

Bavarian Lager Co Ltd (supported by European Data Protection Supervisor) v Commission of the European Communities (Case T-194/04)

“A request to the Commission of the European Communities for access to personal data contained in a Commission document could only be refused on the grounds of the privacy and integrity of the persons if such privacy and integrity were capable of being actually and specifically undermined by disclosure, and the applicant did not have to prove that disclosure was necessary.”

WLR Daily, 8th 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.

Daily Telegraph Law Reports, 8th November 2007

Posted November 9th, 2007 in law reports by sally

Evans v. Kosmar Villa Holidays Plc

Kostic v. Chaplin & Others

Negus v. Baghouse

Somerville v. Scottish Ministers

Grundy v. British Airways Plc

Poole & Others v. HM Treasury

Daily Telegraph, 8th November 2007

Source: www.telegraph.co.uk

Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) – WLR Daily

Posted November 9th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v. Republic of Congo (Vitol Services Ltd and others, third parties)

“On the proper construction of s 13 of the Fraud Act 2006, proceedings for the recovery of a debt were ‘ proceedings relating to property’ within the meaning of s 13(3) and bribery, whose essential feature was deception, was an offence involving ‘fraudulent conduct or purpose’ within the meaning of s 13(4) (b).”

WLR Daily, 8th 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.

Wandsworth London Borough Council v Randall – WLR Daily

Posted November 8th, 2007 in housing, law reports by sally

Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126

“Where a council sought an order for possession of a dwelling house let under a secure periodic tenancy under ground 16 of Pt III of Sch 2 to the Housing Act 1985, on the basis that accommodation was more extensive than was reasonably required by the tenant who had succeeded to the tenancy on the death of the original tenant, the relevant date for determining the composition of the successor tenant’s family was not the date of succession, but the date of the possession hearing.”

WLR Daily, 7th 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.

Conn v Sunderland City Council – WLR Daily

Posted November 8th, 2007 in harassment, law reports by sally

Conn v Sunderland City Council

“In determining whether ‘harassment’ had occurred for the purposes of civil proceedings under s 3 of the Protection from Harassment Act 1997 the touchstone was to ask whether the gravity of the misconduct was of an order which would sustain criminal liability under s 2 of the Act.”

WLR Daily, 7th 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.

Seymour v The Queen – WLR Daily

Posted November 8th, 2007 in Bermuda, drug offences, jurisdiction, law reports by sally

Seymour v The Queen [2007] UKPC 59

“A person who had possession of controlled drugs in Bermuda with the intention of supplying them to another person outside the territory of Bermuda, and therefore outside the jurisdiction of Bermudan Courts, did not commit an offence under s 6(3) of the Misuse of Drugs Act 1972 of Bermuda.”

WLR Daily, 5th 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 Abdroikov; Regina v Green; Regina v Williamson

Posted November 8th, 2007 in juries, law reports, legal profession, police by sally

Appearance of bias with prosecutor on jury

Regina v Abdroikov; Regina v Green; Regina v Williamson

House of Lords

“In certain circumstances, the inclusion of serving police officers and prosecuting lawyers on a jury might give the appearance that the defendant was not tried by an impartial and independent tribunal and therefore convictions might have to be quashed.”

The Times, 8th 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 Ulcay – Times Law Reports

Posted November 7th, 2007 in law reports, legal profession by sally

Counsel should soldier on as best they can

Regina v Ulcay

Court of Appeal (Criminal Division)

“If a defendant’s legal representatives considered that they were professionally embarrassed by continuing to conduct his case, the court could not oblige them to do so, but if the difficulty only amounted to insufficient time properly to prepare the case, owing to receiving late instructions, they should comply with their duty to the court by doing the best they could in the circumstances.”

The Times, 7th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availabe free on Times Online for 21 days from the date of publication.

Secretary of State for the Home Department v MB; Same v AF

Posted November 6th, 2007 in control orders, law reports, terrorism by sally

Making control orders compatible

Secretary of State for the Home Department v MB; Same v AF

House of Lords

“Statutory provisions governing the court’s powers in reviewing nonderogating control orders made by the Secretary of State for the Home Department under the Prevention of Terrorism Act 2005 were to be read down in accordance with section 3 of the Human Rights Act 1998 where their effect would otherwise deny the controlled person a fair hearing compatible with article 6.1 of the European Convention on Human Rights.”

The Times, 6th November 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Source: www.timesonline.co.uk

Westminster City Council v Boraliu – WLR Daily

Posted November 5th, 2007 in housing, law reports by sally

Westminster City Council v Boraliu

“The tenancy of a dwelling house granted by the local authority to a homeless person in priority need did not confer a secure tenancy on the tenant even though the local authority had originally taken over a lease of the dwelling house from a private housing association for the purpose of letting it to persons in priority need of housing accommodation.”

WLR Daily, 5th 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 the Home Department v JJ and Others – Times Law Reports

Posted November 5th, 2007 in control orders, law reports, terrorism by sally

Home Secretary’s control orders made unlawfully

Secretary of State for the Home Department v JJ and Others

House of Lords

“Non-derogating control orders made by the Secretary of State for the Home Department, which imposed on the controlled persons an 18-hour curfew and closely restricted their social contacts, amounted to a deprivation of liberty, contrary to article 5 of the European Convention on Human Rights, and were accordingly unlawful.”

The Times, 5th 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 Alex Patrick Fairclough – WLR Daily

Posted November 2nd, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Alex Patrick Fairclough 

“Where a person was arrested for indictable offences occurring before taking up a tenancy and was convicted of them during the course of the tenancy, the landlord was entitled to a possession order under ground 14 of Schedule 2 to the Housing Act 1988.” 

WLR Daily, 2nd 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.

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another – WLR Daily

Posted November 2nd, 2007 in inquests, law reports, witnesses by sally

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corpn and another[2007] EWHC 2513 (QB)

“When considering a coroner’s application for a witness summons under CPR r 34.4, courts should be wary of trying slavishly to fit that request into the template of civil litigation. A more flexible approach should be taken to such applications due to the inquisitorial nature of a coroner’s inquest and the objectives therein of allaying, or confirming, suspicions and/or making any recommendations for the future.”

WLR Daily, 1st 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 the Home Department v E and another – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v E and another [2007] UKHL 47

“It was not a condition precedent to the making or renewal of a non-derogating control order under s 2(1) of the Prevention of Terrorism Act 2005 that the Secretary of State should comply with his duty under s 8 of the Act to consult the relevant chief officer of police as to the realistic prospect of successfully prosecuting the person against whom the order was proposed and should thereafter keep that possibility under review.”

WLR Daily, 1st 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 the Home Department v MB; Secretary of State v AF – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46

“Statutory provisions governing the court’s powers in reviewing a non-derogating control order made by the Secretary of State under the Prevention of Terrorism Act 2005 would be read down under s 3 of the Human Rights Act 2007 where their effect would be to deny the proposed subject of the order a fair hearing compatible with art 6 of the European Convention on Human Rights.”

WLR Daily, 1st 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 the Home Department v JJ and others – WLR Daily

Posted November 2nd, 2007 in control orders, law reports, terrorism by sally

Secretary of State for the Home Department v JJ and others [2007] UKHL 45

“A non-derogating control order, made by the Secretary of State under s 2 of the Prevention of Terrorism Act 2005, which imposed an 18 hour curfew of the controlled person and closely restricted his social contacts constituted a deprivation of liberty under art 5 of the European Convention on Human Rights; since the Secretary of State had no power under the 2005 Act to make such an order, the proper course was that it should be quashed.”

WLR Daily, 1st 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.