Category: law reports

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – WLR Daily

Posted June 19th, 2007 in EC law, health & safety, law reports by sally

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland (Case C-127/05) 

“Because, inter alia, the provision in art 5(1) of Directive 89/391 imposing a duty on employers to ensure the safety and health of workers did not require employers to be subject to no-fault liability, the Commission of the European Communities had not established that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do that only ‘so far as is reasonably practicable’, the UK had failed to fulfil its obligations under art 5(1) and (4) of the Directive.”

WLR Daily, 14th 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.

R (Pereira) v. HM Coroner for Inner South London and others – WLR Daily

Posted June 18th, 2007 in coroners, inquests, law reports by sally

R (Pereira) v. HM Coroner for Inner South London and others

“A coroner’s power to adjourn an inquest under s 16(1)(b) of the Coroner’s Act 1988 was discretionary. Where a reason not to adjourn had been established, a decision to do so made in the exercise of that discretion could not be impugned by way of judicial review provided that the decision had been made rationally, taking into account all relevant matters and in the light of the state’s duty to investigate a death under art 2 of the European Convention on Human Rights.”

WLR Daily, 14th June 2007

Source: www.lawreports.co.uk

General Medical Council v. Hiew – Times Law Reports

Posted June 15th, 2007 in doctors, judicial review, law reports by sally

Extending suspension of doctor

General Medical Council v. Hiew

Court of Appeal

“It was not the function of a judge being asked to extend the interim suspension from practice of a doctor by the General Medical Council to make findings of fact that led to the suspension. If the reason for the suspension was to be challenged, the doctor should seek judicial review.”

The Times, 15th 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.

Regina v. Green – Times Law Reports

Posted June 15th, 2007 in confiscation, conspiracy, law reports by sally

Conspirators each liable for full compensation

Regina v. Green

Court of Appeal (Criminal Division)

“Where two or more persons acting together as principals in a drug-trafficking offence jointly received payment or reward in connection with that offence, the value of each person’s proceeds for confiscation purposes included the whole value of that payment or reward.”

The Times, 15th 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.

Byrne v. Motor Insurers’ Bureau and Another – Times Law Reports

Posted June 15th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

UK in breach of uninsured drivers’ duty 

Byrne v. Motor Insurers’ Bureau and Another

Queen’s Bench Division

“Failure by the United Kingdom to comply with the Second European Directive on motor insurance rendered it liable in damages.”

The Times, 15th 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.

R (Al-Skeini and others) v. Secretary of State for Defence – WLR Daily

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening) 

S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.

WLR Daily, 13th 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.

Regina (Al-Skeini and Others) v. Secretary of State for Defence – Times Law Reports

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

Regina (Al-Skeini and Other) v. Secretary of State for Defence

 House of Lords

“The Human Rights Act 1998 was capable of applying to acts of a United Kingdom public authority performed outside its territory only where the victim was within the jurisdiction of the UK for purposes of article 1 of the European Convention on Human Rights.”

The Times, 14th 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.

Daily Telegraph Law Reports, 14th June 2007

Posted June 14th, 2007 in law reports by sally

Maranowska v. Richardson & Anr

Hitchman v. Wilbraham

AXA Insurance UK plc v. Norwich Union Insurance Ltd.

Birmingham City FC plc v. Revenue & Customs Commissioners

Corbett v. South Yorkshire Strategic HA

Shanks v. Swan Hunter Group plc

Daily Telegraph, 14th June 2007

Source: www.telegraph.co.uk

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

Regina (Kay) v. Commissioner of Police of the Metropolis – Times Law Reports

Posted June 13th, 2007 in law reports, police, public order, roads by sally

Monthly mass cycle rides require notice to police

Regina (Kay) v. Commissioner of Police of the Metropolis

Court of Appeal

“Because they followed no fixed route, monthly campaigning cycle rides through central London could not be considered commonly and customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

The Times, 13th 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.

House of Lords Judgments: what’s new?

Posted June 13th, 2007 in law reports by sally

Al-Skeini and others (Respondents) v. Secretary of State for Defense (Appellant) [2007] UKHL 26

Source: www.parliament.uk

BAILII: Recent Decisions

Posted June 12th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 (07 June 2007)

Court of Appeal (Criminal Division)

Considine, R v [2007] EWCA Crim 1166 (06 June 2007)

Green, R. v [2007] EWCA Crim 1248 (25 May 2007)

Stephens & Anor, R. v [2007] EWCA Crim 1249 (25 May 2007)

High Court (Administrative Court)

British Casino Association Ltd & Ors, R (on the application of) v British Amusment Catering Trades & Ors [2007] EWHC 1312 (Admin) (11 June 2007)

High Court (Chancery Division)

Berkeley Community Villages Ltd & Anor v Pullen & Ors [2007] EWHC 1330 (Ch) (07 June 2007)

Shierson & Anor v Rastogi (A Bankrupt) [2007] EWHC 1266 (Ch) (25 May 2007)

High Court (Family Division)

JPC v SLW & Anor [2007] EWHC 1349 (Fam) (08 June 2007)

High Court (Queen’s Bench Division)

Ridgway v JP Morgan Chase Bank National Association [2007] EWHC 1325 (QB) (08 June 2007)

Byrne (a minor) v The Motor Insurers Bureau Secretary of State for Transport [2007] EWHC 1268 (QB) (05 June 2007)

Islington v Honeygan-Green (Honeygan) [2007] EWHC 1270 (QB) (25 May 2007)

Wakeling v McDonagh & Anor [2007] EWHC 1201 (QB) (25 May 2007)

European Court of Human Rights

FORBES v. THE UNITED KINGDOM – 65727/01 [2007] ECHR 468 (12 June 2007)

DODDS v. THE UNITED KINGDOM – 59314/00 [2007] ECHR 469 (12 June 2007)

BOTMEH AND ALAMI v. THE UNITED KINGDOM – 15187/03 [2007] ECHR 456 (7 June 2007)

Source: www.bailii.org.uk

Secretary of State for Trade and Industry v. Aaron and others – WLR Daily

Posted June 12th, 2007 in company directors, disqualification, expert witnesses, law reports by sally

Secretary of State for Trade and Industry v. Aaron and others

“In directors disqualification proceedings, the court might at times need expert assistance on issues of fact, but, generally speaking, it was hard to see why a court should need expert evidence that was simply expert opinion when considering the key question of whether a director was unfit to be concerned in the management of a limited company.”

WLR Daily, 7th 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.

Omar v. Birmingham City Council – Times Law Reports

Posted June 12th, 2007 in housing, law reports by sally

Housing authority need not state the obvious that the offer is final

Omar v. Birmingham City Council

Court of Appeal 

“It was not necessary for a letter offering accommodation in discharge of a local housing authority’s duty under the Housing Act 1996 to a person with priority need who was not intentionally homeless to state in so many words that the letter was “a final offer for the purposes of section 193(7)” where it was clear that it was a final offer.”

The Times, 12th 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.

DS v. HM Advocate – Times Law Reports

Posted June 12th, 2007 in evidence, law reports, Scotland, sexual offences by sally

When accused tries to import victim’s sexual history

DS v. HM Advocate

Privy Council

“A Scottish statute providing that when a court gave permission for a person accused of certain sexual offences to lead evidence of the alleged victim’s previous sexual history, there was a presumption in favour of laying before the jury the accused’s previous convictions for sexual offences unless he could show that such disclosure would not be in the interests of justice, or would prejudice his right to a fair trial.”

The Times, 12th 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.

Barnetson v. Framlington Group Ltd. and Another – Times Law Reports

Posted June 11th, 2007 in contract of employment, law reports, privilege by sally

Extent of without-prejudice  privilege before dispute

Barnetson v. Framlington Group Ltd. and Another 

Court of Appeal

“When considering whether evidence of prelitigation disputes between the parties should be excluded under without-prejudice privilege, the critical feature of proximity to the litigation was the subject matter of the dispute rather than how long before the threat or start of litigation the matter was aired in negotiations between the parties.”

The Times, 11th 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. 

Regina v. Musone – Times Law Reports

Posted June 11th, 2007 in evidence, law reports by sally

Power to exclude evidence of probative value

Regina v. Musone

Court of Appeal (Criminal Division)

“Cases would be rare in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value and a court should be most reluctant to exclude evidence of that quality for such a breach; nevertheless there would be cases where the only way in which the court could ensure fairness was by excluding evidence even of substantial probative value.”

The Times, 11th 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.

Drury v. British Broadcasting Corporation and Another – Times Law Reports

Posted June 11th, 2007 in law reports, service, time limits by sally

All steps to be taken in time 

Drury v. British Broadcasting Corporation and Another

Court of Appeal

“A claimant applying to extend time for service of the claim form should demonstrate to the court that he had taken all reasonable steps to effect service on the defendant before the time for service expired.”

The Times, 11th 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.

R v. Harries and others – WLR Daily

Posted June 11th, 2007 in law reports, sentencing by sally

R v. Harries and others

“A term of imprisonment for public protection should not be imposed for an offence which was committed over a period of two or more days which straddled the coming into force of the dangerous offender provisions where it was not clear when the offence was actually committed.”

WLR Daily, 6th 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.

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities – WLR Daily

Posted June 11th, 2007 in competition, EC law, law reports by sally

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities (Case C-76/06P)

“Where the Commission of the European Communities found that an undertaking had participated in anti-competitive practices contrary to art 81 EC and imposed a fine by reference to the undertaking’s turnover in the “preceding business year”, and the undertaking had no turnover in the business year preceding the date of the infringement decision, the Commission was entitled to refer to another business year.” 

WLR Daily, 7th June 2007

Source: www.lawreports.co.uk

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

Byrne v. Motor Insurers’ Bureau – WLR Daily

Posted June 8th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v. Motor Insurers’ Bureau [2007] EWHC 1268 (QB)

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver under the Untraced Drivers Agreement 1972, which procedure was relied on by the United Kingdom as implementing art 1(4) of Council Directive 84/5/EEC, should be subject to a limitation period no less favourable than that which applied under s 28 of the Limitation Act 1980 to the commencement of proceedings by minors for personal injury in tort against a traced driver. Because the three-year time limit for the bringing of a claim under the Untraced Drivers Agreement 1972 was not compliant with art 1(4) of the Directive, which was capable of having direct effect, the United Kingdom was in sufficiently serious breach of its Community law obligations to give rise in principle to a liability for damages.”

WLR Daily, 7th 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.