R (National Grid Gas plc) v. Environment Agency
Shala & Another v. Birmingham City Council
Pennwell Publishing (UK) Ltd v. Ornstien & Others
Daily Telegraph, 5th July 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week
R (Singh) v. Stratford Magistrates’ Court
“Where a hospital or guardianship order was made under s 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under s 37(3).”
WLR Daily, 4th July 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.
Seal v. Chief Constable of South Wales Police
“It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.”
WLR Daily, 4th July 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.
“An award of £5,000 compensation rather than the two years’ commission sought by the agent pursuant to reg 17(6) of the Commercial Agents (Council Directive) Regulations 1993 had been adequate where the principal’s business had been in decline.”
WLR Daily, 4th July 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.
Taxpayer not entitled to reduce VAT
Commissioners for Revenue and Customs v BUPA Purchasing Ltd and Others
Court of Appeal
“Where the Commissioners for Revenue and Custome had made a value-added tax assessment and the time limit for making any further assessment had passed before they became aware that further input tax was deductible, the taxpayer was not entitled to reduce the amount of VAT stated due in the assessment to take account of output tax which had not yet been taken into account and which arose from the same transaction.”
The Times, 5th July 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
When permission is required before issuing legal proceedings
Seal v Chief Constable of South Wales Police
House of Lords
“A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings.”
The Times, 5th July 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
Propensity and credibility distinction unrealistic
Court of Appeal (Criminal Division)
“Once a defendant’s previous convictions had been admitted in evidence, the jury could attach significance to them in any respect in which they were relevant.”
The Times, 4th July 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.
“The publication of information concerning proceedings before a court sitting in private did not constitute contempt of court unless that information came within a category specified in s12(1) of the Administration of Justice Act 1960 as amended or the court expressly prohibited that publication.”
WLR Daily, 2nd July 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.
“Public interest in a private prosecution was established by the nature of the alleged offence as defined in statute not by the circumstances leading up to its alleged commission.”
WLR Daily, 2nd July 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.
Licence auction not in VAT system
Hutchison 3G UK Ltd and Others v Commissioners of Revenue and Customs Case C-369/04
Court of Justice of the European Communities
“The public auction by a government agency of third-generation universal mobile telecommunications system licences was not an economic activity and therefore did not come within the value-added tax system.”
The Times, 3rd July 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.
Beckett Investment Management Group Ltd. and others v. Hall and others [2007] EWCA Civ 613
“In construing a covenant in restraint of trade between a holding company and its employees who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a ‘purist’ approach to corporate personality in favour of one which had regard to the realities of big business.”
WLR Daily, 28th June 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.
Court of Appeal (Civil Division)
Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)
Beckett Investment Management Group Ltd & Ors v Hall & Ors [2007] EWCA Civ 613 (28 June 2007)
Hall & Anor v The First Secretary of State [2007] EWCA Civ 612 (28 June 2007)
Secretary of State for Trade and Industry v Mackie [2007] EWCA Civ 642 (28 June 2007)
South Tyneside Metropolitan Borough Council v Anderson & Ors [2007] EWCA Civ 654 (28 June 2007)
White v Greensand Homes Ltd & Anor [2007] EWCA Civ 643 (28 June 2007)
RAP v Serial No. 52/2006 & Ors [2007] EWCA Civ 616 (27 June 2007)
Murphy v Gooch [2007] EWCA Civ 603 (27 June 2007)
Gilby v City of Westminster [2007] EWCA Civ 604 (27 June 2007)
Steadman-Byrne v Amjad & Ors [2007] EWCA Civ 625 (27 June 2007)
Revenue and Customs v Thorn Baker Ltd & Ors [2007] EWCA Civ 626 (27 June 2007)
Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622 (27 June 2007)
Shala & Anor v Birmingham City Council [2007] EWCA Civ 624 (27 June 2007)
Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)
Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 (22 June 2007)
Source: www.bailii.org
Admitting previous misconduct
Court of Appeal (Criminal Division)
“Evidence of misconduct by a defendant was admissible at trial if it had some nexus with the offences charged.”
The Times, 2nd July 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.
Obligation on lawyers to help combat money laundering
Court of Justice of the European Communities
“Advice and assistance given by lawyers in financial and real estate transactions that had no link with judicial proceedings were not exempt from the duty to cooperate in combating money laundering.”
The Times, 2nd July 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 (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614
“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 28th June 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 sumamry is removed.
“A lubricating oil which was collected after use and processed into fuel oil for burning, could as a matter of law cease to be waste before it was burnt as fuel for the purposes of Council Directive 2006/12/EC (‘the Waste Framework Directive’).”
WLR Daily, 28th June 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.
White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643
“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”
WLR Daily, 28th June 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.
Overpaid VAT claim passed on
Midlands Co-operative Society Ltd v Revenue and Customs Commissioners
Chancery Division
“A taxable person entitled to the benefit of an overpayment claim of value-added tax was entitled to pass the benefit of that claim to another.”
The Times, 29th June 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.
Courts cannot judge specialist policy
Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others
Queen’s Bench Division
“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”
The Times, 29th June 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.
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