Category: law reports

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.

Curistan v Times Newspapers Ltd. – Times Law Reports

Posted May 10th, 2007 in law reports, parliamentary privilege by sally

Privilege survives extra material

Curistan v. Times Newspapers Ltd. 

Queen’s Bench Division

“Where extraneous non-privileged material was contained in an article or report which also contained a report of parliamentary proceedings, that privilege which attached to fair and accurate reports of parliamentary proceedings was not necessarily lost.”

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.

Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Posted May 10th, 2007 in law reports, police, witnesses by sally

Police failed to protect life of prosecution witness at risk

Van Colle and Another v. Chief Constable of Hertfordshire Constabulary 

Court of Appeal

“Police who failed to take appropriate action to protect a vulnerable prosecution witness, when they should have known there was a risk to his life, were in breach of their duty for which they were liable in damages.”

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.

Hill and another v. Haines – WLR Daily

Posted May 10th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Hill and another v. Haines [2007] EWHC 1012 (Ch)

“Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.”

WLR Daily, 3rd 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.

Regina (Main) v Minister for Legal Aid

Posted May 9th, 2007 in law reports, legal aid by sally

Minister’s legal aid refusal wrong

Regina (Main) v. Minister for Legal Aid

Queen’s Bench Division

“The refusal by the Minister of Legal Aid to authorise exceptional funding for the family of two victims of the Ufton Nervet train crash to be represented at the coroner’s inquest was flawed by her failure to recognise that the issues were not only of wide public interest but also a potential benefit for members of the public.”

The Times, 9th 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 v C; Regina v Bartley; Regina v Baldrey; Regina v Price; Regina v Broad – Times Law Reports

Posted May 9th, 2007 in law reports, sentencing by sally

Reflecting overall criminality

Regina v. C; Regina v. Bartley; Regina v. Baldrey; Regina v. Price; Regina v. Broad

Court of Appeal (Criminal Division)

“Where it was appropriate to make an extended sentence consecutive, and one of the sentences was a determinate sentence, that sentence should be imposed first and the extended sentence expressed to be consecutive.”

The Times, 9th 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 (Dost Mohammed) v Secretary of State for Defence – Times Law Reports

Posted May 9th, 2007 in armed forces, law reports, prisoners of war, race discrimination by sally

Discrimination by nationality is not racial bias

Regina (Dost Mohammed) v. Secretary of State for Defence 

Court of Appeal

“The British Government’s scheme in 2000 for making ex gratia single payments of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate against a Pakistani citizen, captured and imprisoned while serving in the Indian Army, who could not meet the criteria set out in the scheme.”

The Times, 9th 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.

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others – WLR Daily

Posted May 9th, 2007 in guarantees, insolvency, law reports by sally

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others [2007] EWHC 1002 (Ch)

“A company voluntary arrangement which contained terms releasing guarantees given by the defendant’s parent company to the claimant creditors, unfairly prejudiced the claimants within the meaning of s 6(1)(a) of the Insolvency Act 1986.”

WLR Daily, 1st 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.

Riverside Housing Association Ltd v White and Another – Times Law Reports

Posted May 8th, 2007 in law reports, rent by sally

Reasonable notice is required for rent rise in wrong month

Riverside Housing Association Ltd. v. White and Another

House of Lords

“A tenancy agreement issued by a housing association stating that the rent would be increased annually with effect from the first Monday of June each year did not prevent the landlord from increasing the rent from a date after the first Monday in June, provided appropriate notice was given to the tenants.”

The Times, 7th 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 v Bree – Times Law Reports

Posted May 8th, 2007 in law reports, rape by sally

Capacity to consent after drink

Regina v. Bree

Court of Appeal (Criminal Division)

“Voluntary consumption of substantial quantites of alcohol did not by itself remove a woman’s capacity to consent to sexual intercourse.”

The Times, 7th 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.

Welford and Others v EDF Energy Networks (LPN) Ltd. – Times Law Reports

Posted May 8th, 2007 in compensation, disturbance payments, law reports by sally

Separate loss-of-profit compensation for disturbance to land is too remote

Welford and Others v. EDF Energy Networks (LPN) Ltd.

Court of Appeal

“Separate compensation for loss of profit for disturbance was too remote if compensation had been awarded for diminution in the market value of land.”

The Times, 8th 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.

Melville Dundas Ltd and Others v George Wimpey UK Ltd and Others – Times Law Reports

Posted May 8th, 2007 in building law, contracts, law reports by sally

Receivership prevents notice of intention from being given

Melville Dundas Ltd. and Others v. George Wimpey UK Ltd. and Others

House of Lords

“A provision that a party to a construction contract could not, unless he had given notice of intention to do so, withhold payment after the final date for payment of a sum due under the contract, did not apply to a lawful ground for withholding payment, such as the contractor going into receivership, when it was not possible for notice to have been given within the statutory time frame.”

The Times, 8th 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.

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd 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.