Category: law reports

Regina v. IK; Regina v. AB; Regina v. KA – Times Law Reports

Posted May 16th, 2007 in double jeopardy, immigration, law reports by sally

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.

Godfrey v. Torpy and Others – Times Law Reports

Posted May 16th, 2007 in insolvency, law reports by sally

Leave not needed to continue claim

Godfrey v. Torpy and Others

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.

BAILII: Recent decisions

Posted May 15th, 2007 in law reports by sally

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 plc and another – WLR Daily

Posted May 15th, 2007 in income tax, law reports by sally

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.

Knowsley Housing Trust v. White – Times Law Reports

Posted May 15th, 2007 in landlord & tenant, law reports by sally

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.

Regina (UMBS Online Ltd) v Serious Organised Crime Agency and Another – Times Law Reports

Posted May 15th, 2007 in banking, law reports, money laundering by sally

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.

Regina (Brown, formerly Bajinya, and Others) v. Belmarsh Prison Governor and Others – Times Law Reports

Posted May 15th, 2007 in extradition, law reports by sally

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) – WLR Daily

Posted May 14th, 2007 in EC law, law reports, waste by sally

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) – WLR Daily

Posted May 14th, 2007 in company directors, disqualification, law reports by sally

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. 

Hill and Another v. Haines – Times Law Reports

Posted May 14th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Family home is at risk from trustee after court transfer 

Hill and Another v. Haines

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.

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

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 – WLR Daily

Posted May 11th, 2007 in law reports, noise, roads by sally

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.

R (Johnson) v. Secretary of State for the Home Department and another – WLR Daily

Posted May 11th, 2007 in human rights, law reports, prisons by sally

R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429

“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”

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.

Lamont v. Burton – WLR Daily

Posted May 11th, 2007 in costs, law reports by sally

Lamont v. Burton [2007] EWCA Civ 429

“In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100 per cent success fee under CPR Pt 45 where the claimant had won at trial, even though he failed to exceed an earlier payment into court. There was no discretion to award a lesser increase.”

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.

Denfleet International Ltd. v TNT Global SPA – Times Law Reports

Posted May 11th, 2007 in law reports, negligence by sally

Negligence need not be wilful

Denfleet International Ltd. v. TNT Global SPA 

Court of Appeal 

“A finding of wilful misconduct was not supported when there was no evidence other than that a professional lorry driver had fallen asleep at the wheel.”

The Times, 11th 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.

Hurstanger Ltd v Wilson and Another – Times Law Reports

Posted May 11th, 2007 in agency, consumer credit, law reports by sally

Borrower’s informed consent necessary

Hurstanger Ltd. v. Wilson and Another 

Court of Appeal 

“Before Lord Justice Waller, Lord Justice Tuckey and Lord Justice Jacob Judgment April 4, 2007 Where a lender knew that a broker acted on behalf of a borrower and agreed to pay the broker commission, the borrower had to give informed consent.”

The Times, 11th 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.

Rockall v Department for Environment, Rood and Rural Affairs – Times Law Reports

Posted May 11th, 2007 in informations, law reports, time limits by sally

When proceedings are institutionalised

Rockall v. Department for Environment, Road and Rural Affairs 

Queen’s Bench Divisional Court 

“Proceedings were instituted against an individual for felling trees without a licence when an information was laid and that determined whether or not the time limit for the institution of proceedings had been met. An information was laid in time where it could be established by inference or otherwise that it had been transmitted to a magistrates court by fax within time.”

The Times, 11th 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.

Regina (AW, A and Y) v Croydon London Borough Council and Another – Times Law Reports

Posted May 11th, 2007 in asylum, human rights, law reports by sally

Support for asylum seekers

Regina (AW, A and Y) v. Croydon London Borough Council and Another

Court of Appeal 

“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”

The Times, 11th 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.

Daily Telegraph Law Reports

Posted May 10th, 2007 in law reports by sally

Moore v. Moore

OBG Ltd. & Others v. Allan & Ors; Douglas & Others v. Hello! Ltd. & Others; Mainstream Properties Ltd. v. Young & Others

Wellington v. DPP

TNT Global Spa &Anr v. Denfleet International Ltd. & Anr

Curistan v. Times Newspapers Ltd.

Melville Dundas Ltd. (in receivership) & Others v. Wimpey UK Ltd. & Others

Daily Telegraph, 10th May 2007

Source: www.telegraph.co.uk

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

Adelson and Another v Associated Newspapers Ltd. – Times Law Reports

Posted May 10th, 2007 in defamation, law reports, limitations by sally

No power to add late libel claim

Adelson and Another v. Associated Newspapers Ltd. 

Queen’s Bench Division

“Where the libel limitation period had expired, there was no jurisdiction to grant an application to amend pleadings by the addition of new claimants.”

The Times, 10th 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.