Soulsbury v Soulsbury – WLR Daily

Posted October 12th, 2007 in divorce, law reports, periodical payments, wills by sally

Soulsbury v Soulsbury [2007] EWCA Civ 938

“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”

WLR Daily, 10th October 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.

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd – WLR Daily

Posted October 12th, 2007 in Community designs, EC law, law reports by sally

Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936

“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”

WLR Daily, 10th October 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 Clark – WLR Daily

Posted October 11th, 2007 in adjournment, law reports by sally

R v Clark

“A case management decision refusing to order an adjournment before trial or indeed at any time before the start of the summing up could constitute a terminating ruling against which a prosecutor could appeal.”

WLR Daily, 10th October 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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted October 11th, 2007 in law reports, limitations, substitution by sally

O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939

“A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.”

WLR Daily, 10th October 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.

Sage (UK) Ltd v Bacco – Times Law Reports

Posted October 11th, 2007 in appeals, documents, employment, law reports by sally

Law reports in appeal papers

Sage (UK) Ltd v Bacco

Employment Appeal Tribunal 

“When lodging copies of authorities for the purposes of an appeal to the appeal tribunal, parties should ensure that where cases had been reported, those reports were copied in the bundle of authorities.”

The Times, 11th October 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.

Schwarz and Another v Finanzamt Bergisch Gladbach – Times Law Reports

Posted October 11th, 2007 in EC law, education, income tax, law reports by sally

Tax relief breaks EU law

Schwarz and Another v Finanzamt Bergisch Gladbach

Court of Justice of the European Communities

“The German law whereby tax relief on private school fees was available only for German schools was contrary to Community law.”

The Times, 11th October 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.

Daily Telegraph Law Reports, 11th October 2007

Posted October 11th, 2007 in law reports by sally

R (Lawson) v Stafford Magistrates’ Court

R (Hadfield) v Manchester Crown Court

Bird v Sylvester & Anr

Osseily v Westminster CC

Stenson & Others v West Dunbartonshire Council

R (Walton) v Commission for Social Care Inspection

Daily Telegraph, 11th October 2007

Source: www.telegraph.co.uk

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

Loyalty Management UK Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted October 11th, 2007 in law reports, VAT by sally

Loyalty points operator is entitled to VAT credit

Loyalty Management UK Ltd v Revenue and Customs Commissioners

Court of Appeal

“The supply of goods or services made by the dealer or redeemer of consumer loyalty points to the collector or customer was, for the purpose of value-added tax, the supply of goods or services by the dealer to the operator of the scheme, who was therefore entitled to tax credits from the Revenue in respect of that supply or service.”

The Times, 10th October 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.

In re B (a Child)(Relocation) – Times Law Reports

Posted October 11th, 2007 in children, law reports, residence orders by sally

Power to restrict carer’s place of residence is exceptional

In re B (a Child)(Relocation)

Court of Appeal

“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”

The Times, 10th October 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.

Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928 – WLR Daily

Posted October 9th, 2007 in law reports, VAT by sally

Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928

The supply of goods or services by a retailer when redeeming loyalty points collected by a customer under the Nectar Loyalty Scheme was, for VAT purposes, a supply of “redemption services” to the scheme operator, as well as of goods and services to the customer, and the scheme operator was therefore entitled to input tax credit on its payments, by way of a “service charge”, to the retailer.”

WLR Daily, 9th October 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.

Society of Lloyd’s v Henderson and Others; Lowe and Others v Society of Lloyd’s; Society of Lloyd’s v Stockwell and Others – Times Law Reports

Posted October 9th, 2007 in law reports, Lloyd's, misfeasance in public office by sally

Lloyd’s not a public officer

Society of Lloyd’s v. Henderson and Others;  Lowe and Others v. Society of Lloyd’s;  Society of Lloyd’s v. Stockwell and Others

Court of Appeal

“The Society of Lloyd’s was not a public officer for the purposes of the tort of misfeasance in public office.”

The Times, 9th October 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 (Federation of Tour Operators and others) v HM Treasury and Others – Times Law Reports

Posted October 9th, 2007 in air passenger duty, law reports by sally

Challenge to doubling of air passenger duty fails

Regina (Federation of Tour Operators and Others) v. HM Treasury and Others

Queen’s Bench Division

“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”

The Times, 9th October 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

JL (a Youth) v Director of Public Prosecutions – Times Law Reports

Posted October 8th, 2007 in law reports, vagrancy by sally

1824 Act is used with caution

JL (a Youth) v. Director of Public Prosecutions

Queen’s Bench Division

“An accused was deemed a rogue and vagabond where he had been discovered in an enclosed yard and had criminal conduct in mind.”

The Times, 8th October 2007

Source: www.timesonline.co.uk

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

In re St Peter and St Paul, Chingford – Times Law Reports

Posted October 8th, 2007 in ecclesiastical law, faculties, law reports, telecommunications by sally

Balancing mobile phone risks against benefits

In re St Peter and St Paul, Chingford

Court of Appeal

“In carrying out the balancing exercise necessary when considering whether to grant a faculty which would facilitate mobile telephone network coverage, it was necessary not to lose sight of the great benefits that had flowed from the introduction of the new technology when assessing the risk from evildoers.”

The Times, 8th October 2007

Source: www.timesonline.co.uk

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

Edwards v Government of United States of America – Times Law Reports

Posted October 5th, 2007 in computer crime, extradition, law reports by sally

Additional facts inadmissible in extradition

Edwards v Government of United States of America

“In deciding whether there was dual criminality in extradition, the domestic court was confined to the facts alleged in the offence specified in the extradition request.”

The Times, 5th October 2007

Source: www.timesonline.co.uk

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

Regina (Teleos plc and Others) v Commissioners of Customs and Excise – Times Law Reports

Posted October 5th, 2007 in EC law, law reports, VAT by sally

VAT relief only if goods physically move out of member state

Regina (Teleos plc and Others) v Commissioners of Customs and Excise

“A supply of goods qualified as an intra-Community supply of goods that in principle was exempt from value-added tax only if the goods physically moved from the EC member state of dispatch to the destination state.”

The Times, 5th October 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 October 5th, 2007 in law reports by sally

High Court (Administrative Court)

Abu Rideh v Secretary of State for the Home Department [2007] EWHC 2237 (Admin) (04 October 2007)

High Court (Chancery Division)

Hogg v Hogg & Anor [2007] EWHC 2240 (Ch) (04 October 2007)

Doughty Hanson & Co Ltd v Roe [2007] EWHC 2212 (Ch) (04 October 2007)

HM Revenue & Customs v Mills [2007] EWHC 2241 (Ch) (04 October 2007)

Siemens Schweiz AG v Thorn Security Ltd [2007] EWHC 2242 (Ch) (04 October 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 4th October 2007

Posted October 5th, 2007 in law reports by sally

Oysterfleet Hotel plc v. Secretary of State for Communities and Local Government

R (S) v. Kent CC

Curtis v. Revenue & Customs Commissioners

Middlesbrough BC v. Surtees & Others

Redcar & Cleveland BC v. Bainbridge & Others

Winchester CC v. Secretary of State for Communities and Local Government & Anr

Daily Telegraph, 4th October 2007

Source: www.telegraph.co.uk

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

Leman-Klammers v Klammers – Times Law Report

Posted October 4th, 2007 in appeals, divorce, France, jurisdiction, law reports by sally

Divorce pending appeal valid

Leman-Klammers v Klammers

“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”

The Times, 4th October 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.

Murray v Express Newspapers plc and Another – Times Law Reports

Posted October 4th, 2007 in law reports, media, privacy by sally

Celebrities enjoy no extra right to privacy

Murray v Express Newspapers plc and Another

“Where an individual was engaged in innocuous, routine activity in a public place, such as a street, that activity attracted no right or expectation of privacy and, accordingly, there was no prohibition on the taking or publishing of photographs of famous people engaged in such activity in a public place unless there were special circumstances such as harassment or distress caused to the individual.”

The Times, 4th October 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.