Category: law reports
BAILII: Recent Decisions
Court of Appeal (Civil Division)
F (Mongolia) v Secretary of State for the Home Department [2007] EWCA Civ 769 (25 July 2007)
North v North [2007] EWCA Civ 760 (25 July 2007)
Madan & Anor v Secretary of State for the Home Department [2007] EWCA Civ 770 (25 July 2007)
London Borough of Lewisham v Malcolm & Anor [2007] EWCA Civ 763 (25 July 2007)
DS (Afghanistan) v Secretary of State for the Home Department [2007] EWCA Civ 774 (25 July 2007)
Assets Recovery Agency v Szepietowski & Ors [2007] EWCA Civ 766 (24 July 2007)
Luke v Stoke-On-Trent City Council [2007] EWCA Civ 761 (24 July 2007)
Secretary of State for Work and Pensions v Morina & AnOr [2007] EWCA Civ 749 (23 July 2007)
Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)
Court of Appeal (Criminal Division)
Ashes v R [2007] EWCA Crim 1848 (24 July 2007)
Banton, R v [2007] EWCA Crim 1847 (24 July 2007)
Javaid v The Crown [2007] EWCA Crim 1845 (23 July 2007)
Rafferty v The Crown [2007] EWCA Crim 1846 (23 July 2007)
High Court (Administrative Court)
Ashwell Property Group Plc & Anor v Cambridge City Council [2007] EWHC 1753 (Admin) (20 July 2007)
High Court (Chancery Division)
Mobile Export 365 Ltd & Anor v Revenue and Customs [2007] EWHC 1737 (Ch) (20 July 2007)
High Court (Commercial Court)
Bank of Scotland v Euclidian (No. 1) Ltd & Ors [2007] EWHC 1732 (Comm) (20 July 2007)
High Court (Queen’s Bench Division)
Tahmassebi v Persia International Bank Plc [2007] EWHC 1751 (QB) (23 July 2007)
Privy Council
Persad v. Trinidad and Tobago (Trinidad and Tobago) [2007] UKPC 51 (23 July 2007)
McLaughlin v. Cayman Islands (Cayman Islands) [2007] UKPC 50 (23 July 2007)
Gibson v. United States of America (The Bahamas) [2007] UKPC 52 (23 July 2007)
Source: www.bailii.org
Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and Another – The Times
Compound interest is payable in restitution
Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and Another
“The court had power to make an award of compound interest in a claim for restitution where such an award was necessary to achieve full justice for the claimant.”
The Times, 25th 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.
Secretary of State for Work and Pensions v. Morina – WLR Daily
Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749
“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”
WLR Daily, 23rd 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.
Green Lane Products Ltd. v. PMS International Group Ltd. and others – WLR Daily
Green Lane Products Ltd. v. PMS International Group Ltd. and others [2007] EWHC 1712 (Pat)
“The ‘sector concerned’ for the purposes of art. 7 of Council Regulation (EC) No 6/2002 was the sector corresponding to the prior art., and not the sector corresponding to the product class indicated in the application for a Community registered design.”
WLR Daily, 19th July 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
TRM Copy Centres (UK) Ltd. and others v. Lanwall Services Ltd. – WLR Daily
TRM Copy Centres (UK) Ltd. and others v. Lanwall Services Ltd.
“It was a necessary precondition of a consumer hire agreement under s 15 of the Consumer Credit Act 1974 that some consideration for the hire was paid by or on behalf of the hirer. Agreements providing for payment to be made only when equipment was used were not consumer hire agreements within s 15.”
WLR Daily, 23rd July 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the following WLR Daily summary is removed.
Persaud v. State of Trinidad and Tobago – WLR Daily
Persaud v. State of Trinidad and Tobago
“The exception to the rule that out of court statements made by one defendant were inadmissible against a co-defendant applied only in cases where the defendants were being tried for a joint offence for which they were jointly liable.”
WLR Daily, 23rd July 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of theICLR series the corresponding WLR Daily summary is removed.
Gibson v. Government of the United States of America – WLR Daily
Gibson v. Government of the United States of America
“The principle of stare decisis was not absolute and the Privy Council should exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect, even if that incorrect decision could no longer be regarded as impeding the proper development of the law.”
WLR Daily, 23rd 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.
Regina (Playfoot) (a Child) v. Millais School Governing Body – Times Law Reports
Purity ring is not intimately linked to religious belief
Regina (Playfoot) (a Child) v. Millais School Governing Body
“A school’s refusal to allow one of its pupils to wear a purity ring, demonstrating her commitment to sexual abstinence prior to marriage, did not infringe her right to freedom of thought, conscience and religion protected by the European Convention on Human Rights.”
The Times, 23rd 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Nichia Corp v Argos Ltd [2007] EWCA Civ 741 (19 July 2007)
Avis v Turner & Anor [2007] EWCA Civ 748 (19 July 2007)
AWB (Geneva) SA & Anor v North America Steamships Ltd & Anor [2007] EWCA Civ 739 (18 July 2007)
Bibi & Ors v Entry Clearance Officer, Dhaka [2007] EWCA Civ 740 (18 July 2007)
Court of Appeal (Criminal Division)
Kelly & Anor v R. [2007] EWCA Crim 1715 (19 July 2007)
Cemex Cement Ltd, R v [2007] EWCA Crim 1759 (18 July 2007)
Lamb, R. v [2007] EWCA Crim 1766 (18 July 2007)
Vernett-Showers & Ors v The Crown [2007] EWCA Crim 1767 (18 July 2007)
High Court (Administrative Court)
S & Ors v Secretary of State for the Home Department [2007] EWHC 1654 (Admin) (18 July 2007)
High Court (Family Division)
The NHS Trust v A (a child) & Ors [2007] EWHC 1696 (Fam) (18 July 2007)
High Court (Queen’s Bench Division)
Ide v ATB Sales Ltd [2007] EWHC 1667 (QB) (17 July 2007)
Source: www.bailii.org
Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and another – WLR Daily
“The time had come to recognise that the courts had jurisdiction to award compound interest to a claimant seeking restitution of money paid under mistake when such an award would achieve a just result.”
WLR Daily, 18th 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.
Nichia Corpn v. Argos Ltd. – WLR Daily
Nichia Corpn v. Argos Ltd. [2007] EWCA Civ 741
“Where the validity of a patent was challenged on the ground of obviousness, and there was no issue of commercial success or long-felt want, disclosure of evidence from the patentee was of limited scope and usefulness. There was, however, no blanket rule that disclosure should not be ordered in such circumstances.”
WLR Daily, 19th 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.
White v. Greensand Homes Ltd. and Another – Times Law Reports
Withdrawing mistaken admission
White v. Greensand Homes Ltd. and Another
Court of Appeal
“The court was able to apply the overriding objective of the Civil Procedure Rules to allow a defendant to amend his defence and withdraw his admission made by mistake.”
The Times, 19th 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.
Director of Public Prosecutions v. Lawrence – WLR Daily
Director of Public Prosecutions v. Lawrence
“The provisions of Code C of the Codes of Practice under s 66 of the Police and Criminal Evidence Act 1984 were not directed to what a defendant was alleged to have said as part of the conduct constituting the alleged crime but to what a defendant was alleged to have said on or after arrest.”
WLR Daily, 16th 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.
JL (A Youth) v. Crown Prosecution Service – WLR Daily
JL (A Youth) v. Crown Prosecution Service
“An accused was ‘found’ in an inclosed yard for an ‘unlawful purpose’ within the meaning of s 4 of the Vagrancy Act 1824 when he had been seen or discovered in an inclosed yard with criminal conduct in mind.”
WLR Daily, 16th 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.
Adelson and Another v. Associated Newspapers Ltd. – Times Law Reports
Addition of parties is not same as substitution
Adelson and Another v. Associated Newspapers Ltd.
Court of Appeal
“An order would be made substituting a party to an action after the expiry of the limitation period on the ground that there had been a mistake in relation to the name of a party only if the person who had made the mistake was the person responsible for the issue of the claim form and, had the mistake not been made, the new party would have been named in the pleading.”
The Times, 18th 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 v. Wallace – WLR Daily
“Where the case against a defendant on one count relied on circumstantial evidence relating to other counts charged in the same proceedings, that evidence fell within the definition of bad character in s 98 of the Criminal Justice Act 2003 and was therefore only admissible pursuant to the bad character provisions under that Act.”
WLR Daily, 16th 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.
