law reports – Page 371 – Current Awareness

Curistan v Times Newspapers Ltd. – Times Law Reports

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

Privilege survives extra material

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.

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another – WLR Daily

Posted May 4th, 2007 in banking, law reports, proceeds of crime by sally

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another

“The Serious Organised Crime Agency (SOCA) was a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering. However it should not withhold consent to a bank to allow it to operate a customer’s account under s 335 of the Proceeds of Crime Act 2002 without good reason. It had an obligation to keep matters under review and its refusal of a bank customer’s request to revisit the matter was unlawful.”

WLR Daily, 2nd 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.

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted May 4th, 2007 in landlord & tenant, law reports by sally

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404

“In the case of an assured tenancy, where the court granted an order for possession using County Court Form N28 but suspended execution on terms, the assured tenancy expired on the last date stated for possession and the occupant remained merely as a ‘tolerated trespasser’.”

WLR Daily, 2nd 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.

Daily Telegraph Law Reports

Posted May 4th, 2007 in law reports by sally

Van Colle & Others v. Chief Constable of Hertfordshire

Belfast CC v. Miss Behavin’ Ltd.

Eyres v. Atkinsons Kitchens & Bedrooms Ltd.

St Helens MBC v. JE Derbyshire & Others

Blackburn-Smith v. Lambeth LBC

Daily Telegraph, 3rd May 2007

Source: www.telegraph.co.uk

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

Douglas and Another v. Hello! Ltd. and Others – Times Law Reports

Posted May 3rd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Duty of confidentiality to celebrities is enforceable

Douglas and Another v. Hello! Ltd. and Others

House of Lords

“Photographic images of the wedding of two celebrities had a commercial value over which the celebrities had sufficient control to enable them to impose an obligation of confidence. A magazine publisher who had bought the exclusive right to publish the photographs and had the benefit of the duty of confidentiality imposed by the celebrities, had the right to enforce that duty against a rival magazine which published unauthorised photographs of the wedding.”

The Times, 3rd 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 (Dost Mohammed) v. Secretary of State for Defence – WLR Daily

Posted May 3rd, 2007 in armed forces, compensation, law reports, prisoners of war, race discrimination by sally

R (Dost Mohammed) v. Secretary of State for Defence [2007] EWCA Civ 983

“The scheme adopted by the British Government in 2000 to make an ex gratia single payment 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 on grounds of race against a Pakistani citizen who had been captured while serving in the Indian army and who could not meet the criteria set out in the scheme.”

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.

Adelson and another v. Associated Newspapers Ltd. – WLR Daily

Posted May 3rd, 2007 in law reports, limitations, pleadings by sally

Adelson and another v. Associated Newspapers Ltd.

“There was no jurisdiction under s 35 of the Limitation Act 1980 or under CPR r 19.5 to grant an application to amend pleadings by the addition of new claimants in the course of a libel action after the expiry of the limitation period.”

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.