Dunwoody Sports Marketing v. Prescott [2007] EWCA Civ 461
“The power to order substitution of a new party for an existing party to an action under CPR r 19.2 continued after judgment had been given.”
WLR Daily, 17th May 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.
Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463
“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”
WLR Daily, 17th May 2007
Source: www.lawreports.co.uk
Power to delegate reporting obligations
Court of Appeal (Criminal Division)
“A control order that required a suspected terrorist to comply with reporting obligations, the details of which would be specified by a police officer, was valid.”
The Times, 18th May 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.
Contract valid despite nonconformity
Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.
House of Lords
“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”
The Times, 18th May 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.
Gouldsmith v. Mid-Staffordshire General Hospitals NHS Trust
General Medical Council v. Hiew
Hicks v. Russell Jones & Walker
Lake v. British Transport Police
Daily Telegraph, 17th May 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week.
Survivor was not successor to secure tenancy
Birmingham City Council v. Walker
House of Lords
“Where a joint tenant of council property became by survivorship the sole tenant, before becoming a secure tenant on the introduction of such tenancies in 1980 she was not herself a successor within the meaning of the Housing Act 1985 so as to debar further succession.”
The Times, 17th May 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.
Later appeal decision prevails
Regina v. M; Regina v. Z; Regina v. I; Regina v. R; Regina v. B (No. 2)
Court of Appeal (Criminal Division)
“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported [2007] EWCA Crim 218) which was decided earlier.”
The Times, 17th May 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.
Double jeopardy requires two sets of criminal proceedings
Regina v. IK; Regina v. AB; Regina v. KA
Court of Appeal (Criminal Division)
“Double jeopardy was not available as a plea in bar unless both sets of proceedings were criminal and the Special Immigration Appeals Commission was not a criminal court.”
The Times, 16th May 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.
Leave not needed to continue claim
Chancery Division
Leave of the court was not required to continue proceedings in which an order to set aside a transaction at an undervalue which had defrauded creditors had been applied for, even though the individual or company against whom the application had been made was adjudged bankrupt or became insolvent after those proceedings had been launched.
The Times, 16th May 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.
Court of Appeal (Civil Division)
Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 (15 May 2007)
Smith v Smith [2007] EWCA Civ 454 (15 May 2007)
Intel Corporation Intel Corporation Inc v CPM United Kingdom Ltd [2007] EWCA Civ 431 (15 May 2007)
Barclays Bank Plc & Anor v HM Revenue & Customs [2007] EWCA Civ 442 (11 May 2007)
Eastaway v Secretary of State for Trade & Industry [2007] EWCA Civ 425 (10 May 2007)
Sandhu v Jan De Rijk Transport Ltd [2007] EWCA Civ 430 (10 May 2007)
Court of Appeal (Criminal Division)
Jones, R v [2007] EWCA Crim 1118 (15 May 2007)
High Court (Chancery Division)
Swissport (UK) Ltd v Aer Lingus Ltd [2007] EWHC 1089 (Ch) (14 May 2007)
Mabey and Johnson Ltd v Danos & Ors [2007] EWHC 1094 (Ch) (11 May 2007)
High Court (Commercial Court)
Uzinterimpex JSC v Standard Bank Plc [2007] EWHC 1151 (Comm) (15 May 2007)
AXA Insurance UK Plc v Norwich Union Insurance Ltd. [2007] EWHC 1046 (Comm) (14 May 2007)
National Westminster Bank Plc v Rabobank Nederland [2007] EWHC 1056 (Comm) (11 May 2007)
High Court (Queen’s Bench Division)
Bezant v Rausing & Ors [2007] EWHC 1118 (QB) (14 May 2007)
Malmesbury & Ors v Strutt & Parker (a partnership) & Anor [2007] EWHC 999 (QB) (11 May 2007)
Source: www.bailii.org
Revenue and Customs Comrs v. Barclays Bank plc and another [2007] EWCA Civ 442
“Where an employer had provided a free tax advice service to its pensioners and surviving spouses and, on termination of the service, made one-off payments in compensation, the provision of such payments constituted a relevant benefit under a retirement benefits scheme for the purposes of ss 596A and 612(1) of the 1988 Act.”
WLR Daily, 11th May 2007
Source: www.lawreports.co.uk
Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Assured tenant became a tolerated trespasser
Knowsley Housing Trust v. White
Court of Appeal
“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”
The Times, 15th May 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.
Customer entitled to seek review
Regina (UMBS Online Ltd.) v. Serious Organised Crime Agency and Another
Court of Appeal
“The Serious Organised Crime Agency, a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering, should not withhold giving consent to a bank to allow it to operate a customer’s account under section 335 of the Proceeds of Crime Act 2002 without good reason.”
The Times, 15th May 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.
Power to extend extradition time
Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others
Queen’s Bench Divisional Court
“Section 194(4)(b) of the Extradition Act 2003, which enabled the Secretary of State for the Home Department to modify the application of that Act where special extradition arrangements existed, permitted him to extend the 45 days specified in section 74(11) for the receipt by a judge of the request for extradition to 95 days.”
The Times, 15th May 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 (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)
“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”
WLR Daily, 10th May 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 Trade and Industry v. Eastaway (No. 2)
“A company director against whom disqualification proceedings were pending was not entitled to have an undertaking made under the Carecraft procedure (see In re Carecraft Construction Co Ltd [1994] 1 WLR 172) set aside and the disqualification proceedings dismissed on the ground that the Strasbourg court had concluded that his civil rights and obligations had not been determined within a reasonable time pursuant to art 6 of the Convention.”
WLR Daily, 10th May 2007
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Family home is at risk from trustee after court transfer
Chancery Division
“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”
The Times, 14th May 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Counter-restitution not required
Halpern and Another v. Halpern and Others (No. 2)
Court of Appeal
“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”
The Times, 14th May 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.
O’Connor and others v. Wiltshire County Council [2007] EWCA Civ 426
“A public highway was not necessarily constructed “on behalf of” a person who made some contribution towards the cost of its construction and the fact that someone had contributed towards the costs of construction did not prevent the highway being maintainable “at the public expense” for the purposes of s 36(2) of the Highways Act 1980 and s 19(3) of the Land Compensation Act 1973.”
WLR Daily, 9th May 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.
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