law reports – Page 357 – Current Awareness

Raja v. Van Hoogstraten (No 9) – Times Law Reports

Posted August 23rd, 2007 in law reports, sequestration, setting aside by sally

Prejudiced party can make claim

Chancery Division

“Where the court had set aside an irregularly made order, but on grounds other than that the order had been irregularly obtained, it was open to a party prejudiced by the making of the order to claim, at a later stage, that the order had been irregularly obtained.”

The Times, 23rd August 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 (Donnachie) v. Cardiff Magistrates’ Court – Times Law Reports

Posted August 22nd, 2007 in case stated, judicial review, law reports, trade descriptions by sally

Final determination can be challenged

Regina (Donnachie) v. Cardiff Magistrates’ Court

Queen’s Bench Divisional Court

“A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.”

The Times, 22nd August 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.

Turner and Another v. Avis – Times Law Reports

Posted August 22nd, 2007 in bankruptcy, law reports, matrimonial home by sally

Trustee gets former wife’s home

Turner and Another v. Avis

Court of Appeal

“Equity jurisdiction enabled a trustee in bankruptcy to enforce a trust for sale of a matrimonial home held jointly by the bankrupt and his former wife under a property adjustment order made more than twenty years ago.”

The Times, 22nd August 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.

Paterson v. Commissioner of Police of the Metropolis – Times Law Reports

Posted August 22nd, 2007 in disability discrimination, dyslexia, law reports by sally

Dyslexia means that chief inspector of police is disabled

Paterson v. Commissioner of Police of the Metropolis

Employment Appeal Tribunal

“A chief inspector of police who was dyslexic and who was found by an employment tribunal to have been disadvantaged in comparison with his work colleagues in examinations for promotion, was disabled within the meaning of the Disability Discrimination Act 1995.”

The Times, 22nd August 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 St Peter and St Paul, Chingford – WLR Daily

Posted August 22nd, 2007 in ecclesiastical law, faculties, law reports, telecommunications by sally

In re St Peter and St Paul, Chingford

“In carrying out the balancing exercise necessary in considering whether or not to grant a faculty for the installation of telecommunications equipment it was necessary to differentiate between the effect of the installation of equipment on children and the effect on adults. Mobile phone operators had to ensure a reasonable response to countering the risk to children from pornography over the mobile phone network. In respect of the risk to adults, to bar something which would be of benefit to the public generally because there was a risk that some adults would be able privately to access material which many Christians and others deplored was to take an unbalanced approach.”

WLR Daily, 21st August 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 August 21st, 2007 in law reports by sally

Court of Appeal (Civil Division)

Staffordshire County Council v Challinor & Anor [2007] EWCA Civ 864 (17 August 2007)

Court of Appeal (Criminal Division)

Hamilton, R v [2007] EWCA Crim 2062 (16 August 2007)

High Court (Administrative Court)

Secretary of State for the Home Department v AL [2007] EWHC 1970 (Admin) (17 August 2007)

High Court (Chancery Division)

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) (17 August 2007)

Source: www.bailii.org

Ellis v Bristol City Council – Times Law Reports

Posted August 21st, 2007 in codes of practice, health & safety, law reports by sally

Whether place of work unsafe

Ellis v Bristol City Council

Court of Appeal

“A judge should consider the Code of Practice issued by the Health and Safety Commission when deciding whether a place of work was unsafe.”

The Times, 21st August 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.

Director of Assets Recovery Agency v Szepietowski and Others (No 2) – Times Law Reports

Posted August 21st, 2007 in assets recovery, law reports, proceeds of crime by sally

Proving assets obtained by unlawful conduct

Director of Assets Recovery Agency v Szepietowski and Others (No 2)

Court of Appeal

“On an application for an interim receiving order, the Director of the Assets Recovery Agency had to show that a criminal offence was committed and the property to be recovered was obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”

The Times, 21st August 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 (Gulliver) v. Parole Board – Times Law Reports

Posted August 20th, 2007 in law reports, parole by sally

Parole Board responsibility

Regina (Gulliver) v. Parole Board

Court of Appeal

“When a prisoner who had been released on licence was recalled to prison, in deciding whether or not to order his release, the Parole Board was entitled to take into account all the circumstances, and was not confined to a review of the breach of the licence condition for which the Secretary of State for Justice had ordered his recall.”

The Times, 20th August 2007

Source: www.timesonline.co.uk

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

Wolman v. Islington London Borough Council and Another – Times Law Reports

Posted August 20th, 2007 in law reports, parking by sally

Irrelevance of ‘on’ or ‘over’

Wolman v. Islington London Borough Council and Another

Court of Appeal

“It was an offence in Greater London to park a motorcycle on its stand on the pavement with its body and one or both of its wheels on or over the pavement.”

The Times, 20th August 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 (Southwark Law Centre) v. Legal Services Commission – Times Law Reports

Posted August 20th, 2007 in law reports, legal aid by sally

‘Net rent payable’ is not the same as rent paid

Regina (Southwark Law Centre) v Legal Services Commission; Regina (Dennis) v Same

Queen’s Bench Division

“Where a calculation of disposable income was being carried out for the purposes of assessing a person’s entitlement to publicly funded legal representation, the net rent payable by that person had to be taken into account rather than the net rent actually paid.”

The Times, 20th August 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. Hamilton – WLR Daily

Posted August 20th, 2007 in law reports, outraging public decency by sally

R v. Hamilton [2007] EWCA Crim 2062

“The ‘two person rule’ applicable to the offence of outraging public decency contrary to common law was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”

WLR Daily, 16th August 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 August 15th, 2007 in law reports by sally

High Court (Queen’s Bench Division)

AB & Ors v British Coal Corporation (Rulings appended) [2007] EWHC 1948 (QB) (13 August 2007)

Ab & Ors v Small Mines – and – UK Coal [2007] EWHC 1939 (QB) (13 August 2007)

Source: www.bailii.org

Hawkes v. Cuddy and Others – Times Law Reports

Posted August 15th, 2007 in company directors, insolvency, law reports, unfairly prejudicial conduct by sally

Declaration of criminality made in civil proceedings

Hawkes v. Cuddy and Others

Chancery Division

“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”

The Times, 14th August 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 (Bennett) v. Inner South London Coroner, Officers A and B and Commissioner of Police of the Metropolis, interested parties – Times Law Reports

Posted August 13th, 2007 in coroners, juries, law reports by sally

Whether jury can be trusted

Regina (Bennett) v Inner South London Coroner, Officers A and B and Commissioner of Police of the Metropolis, interested parties

“While facts were for the jury, coroners were entitled to consider whether it was safe to leave a particular verdict on the evidence to the jury.”

The Times, 13th August 2007

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

Regina v. P Ltd. and Another – Times Law Reports

Posted August 13th, 2007 in health & safety, law reports by sally

Ingredients of safety at work offence by officer

Regina v P Ltd and Another

“An offence was committed by an officer of a body corporate which broke health and safety laws through his behaviour if he either knew of the relevant facts giving rise to the offence, or if he did not know, should by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place.”

The Times, 13th August 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 (Singh) v. Stratford Magistrates Court – Times Law Reports

Posted August 13th, 2007 in guardianship, judicial review, law reports, mental health by sally

No entitlement to trial

Regina (Singh) v Stratford Magistrates Court

“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”

The Times, 13th August 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.

Alzheimer’s: judgment in full – The Times

Posted August 10th, 2007 in law reports, medicines, mental health by sally

Eisai Ltd v NICE [2007] EWHC 1941 (Admin)

The Times, 10th August 2007

Source: www.timesonline.co.uk

Jones v. Garnett (Inspector of Taxes) – Times Law Reports

Posted August 10th, 2007 in dividends, income tax, law reports, married persons, small businesses by sally

Husband not liable for tax on his wife’s private dividend

Jones v. Garnett (Inspector of Taxes)

House of Lords

“A spouse who used a private company to transfer some of his earned income to the other spouse was not liable to pay tax on that income, provided the other spouse’s shares in the company were ordinary shares which carried a right to more than mere income.”

The Times, 9th August 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.