Claim provides sufficient interest
O’Brien v. Seagrave and Another
Chancery Division
“A claimant who had a right to bring a statutory claim for provision from a deceased’s estate could be said to have an interest in the estate for the purposes of bringing a probate claim.”
The Times, 2nd 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.
Public interest outweighs individual’s private right
Evans v. United Kingdom (Application No. 6339/05)
European Court of Human Rights
“The United Kingdom did not exceed its margin of appreciation in requiring that both donors had to give consent to the implanting of fertilised embryos in the uterus.”
The Times, 2nd 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.
Overpaid benefit not recoverable
Regina (Balding) v. Secretary of State for Work and Pensions
Queen’s Bench Divisional Court
“Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. Discharge from bankruptcy released the debtor from liability for recovery of the overpaid benefit.”
The Times, 1st 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.
Sex shop objections can be considered out of time
Belfast City Council v. Miss Behavin’ Ltd.
House of Lords
“In refusing an application for a sex shop licence, a local authority was entitled to take into account objections to the application received after the expiry of the prescribed period.”
The Times, 1st 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.
British Broadcasting Corporation v. Sugar [2007] EWHC 905 (Admin)
“It was only in respect of information held by the British Broadcasting Corporation otherwise than for the purposes of journalism, art or literature that the BBC was a public authority subject to the requirements of Pts I to IV of the Freedom of Information Act 2000.”
WLR Daily, 27th April 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.
Crown Prosecution Service v. P [2007] EWHC 946 (Admin)
“The effect of s 34 of the Crime and Disorder Act 1998 was to abolish the presumption that a child was doli incapax, but not the defence itself.”
WLR Daily, 27th April 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 v. M and others (No. 2)
“Where a ruling made at a preparatory hearing was overturned on appeal and the Court of Appeal differently constituted 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 on the basis that any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial.”
WLR Daily, 27th April 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.
WWF European Policy Programme v. Council of the European Union (supported by Commission of the European Communities, intervener) (Case T-264/04)
“The public right of access to documents of the EC institutions entailed in principle an obligation on the part of the institutions to document their activities.”
WLR Daily, 25th April 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.
Employer’s letters were victimisation
House of Lords
“Letters sent by an employer to employees warning them of the consequences if they persisted with equal pay claims had gone further than was reasonable in protecting the employer’s interests in the litigation and had amounted to victimisation under the Sex Discrimination Act 1975.”
The Times, 27th April 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.
Justified leniency is to be commended
Regina v. Krivec (Attorney General’s Reference No. 8 of 2007)
Court of Appeal (Criminal Division)
“Judges should not refrain from imposing on a defendant the sentence considered appropriate because of apprehension that that might cause the Attorney-General to challenge it as unduly lenient. Leniency where the facts justified it was to be commended, not challenged.”
The Times, 27th April 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)
Straker v. Tudor Rose (a firm) [2007] EWCA Civ 368 (25 April 2007)
Unilin Beheer BV v. Berry Floor NV & Ors [2007] EWCA Civ 364 (25 April 2007)
Hunt v. Soady [2007] EWCA Civ 366 (26 April 2007)
Ishtiaq v. Secretary of State for the Home Department [2007] EWCA Civ 386 (26 April 2007)
Secretary of State for the Home Department v. Latif [2007] EWCA Civ 385 (26 April 2007)
Smith v. Southampton University Hospital NHS [2007] EWCA Civ 387 (26 April 2007)
Court of Appeal (Criminal Division)
Currie, R v [2007] EWCA Crim 926 (26 April 2007)
High Court (Administrative Court)
Vicarage Gate Ltd v First Secretary of State [2007] EWHC 768 (Admin) (26 April 2007)
Hilali v Governor of HMP Whitemoor & Ors [2007] EWHC 939 (Admin) (25 April 2007)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Curistan v Times Newspapers Ltd [2007] EWHC 926 (QB) (25 April 2007)
Source: www.bailii.org
Godfrey v. Torpy and others [2007] EWHC 919 (Ch)
“Where an application for an order had been made under s 423 of the Insolvency Act 1986 to set aside a transaction which had been entered into at an undervalue and had defrauded creditors, and the individual or company against whom the application had been made was thereafter adjudicated bankrupt or became insolvent, the proceedings could continue without the leave of the court.”
WLR Daily, 23rd April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR summary is removed.
St Helens Borough council (Respondents) v. Derbyshire and others (Appellants) [2007] UKHL 16 (25 April 2007)
Stack (Appellant) v. Dowden (Respondent) [2007] UKHL 17 (25 April 2007)
Melville Dundas Limited (in receivership) and others (Respondents) v. George Wimpey UK Limited and others (Appellants) (Scotland) [2007] UKHL 18 (25 April 2007)
Belfast City Council (Appellants) v. Miss Behavin’ Limited (Respondents) (Northern Ireland) [2007] UKHL 19 (25 April 2007)
Riverside Housing Association Limited (Appellants) v. White (FC) and another (FC) (Respondents) [2007] UK HL 20 (25 April 2007)
Source: www.parliament.uk
Presumption of equality in couple’s joint ownership
House of Lords
“A conveyance of a domestic property into the joint names of cohabitants established a prime facie case of joint and equal beneficial interests in the property until the contrary was proved.”
The Times 26th April 2007
Source: www.thetimesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
McKinnon v. United States of America & Anr
K v. Special Educational Needs and Disability Tribunal & Anr
Rao v. Central Liverpool Primary Care Trust
Oxford City Council v. Secretary of State for Communities and Local Government & Anr
R (Holloway) v. Oxfordshire County Council & Others
Wembley National Stadium Ltd. v. Wembley (London) & Others
Daily Telegraph, 26th April 2007
Source: www.telegraph.co.uk
Please note that the Daily Telegraph Law Reports are only available online for one week.
Fresh proceedings against tenant
London and Quadrant Housing Trust v. Ansell
Court of Appeal
“A landlord could issue fresh proceedings against a secure tenant who had failed to pay arrears of rent on time under a previous possession order and had stayed in occupation, rather than seeking to revive that previous order.”
The Times, 25th April 2007
Source: www.timesonline.co.uk
Keeping court informed in overlapping jurisdictions
Court of Appeal
“In cases involving overlapping proceedings in different jurisdictions there should be someone on each team who was able to inform both courts of the progress of the case in the other jurisdiction.”
The Times, 25th April 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.
Reasonable notice is sufficient
Regina (Gibbs) v. Bishop of Manchester
Queen’s Bench Division
“Since a lay worker in a diocese was not protected by employment legislation, his licence to serve might be revoked with no right of appeal, provided he had been given reasonable notice.”
The Times, 25th April 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.
Shouting not relevant to offence
Court of Appeal (Criminal Division)
“The fact that a defendant shouted at his partner in the context of a charge of murdering his friend was not evidence amounting to reprehensible behaviour within the bad character provisions of the Criminal Justice Act 2003.”
The Times, 24th April 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.
Employee’s privacy breached by employer’s monitoring
Copland v. United Kingdom (Application No. 62617/00)
European Court of Human Rights
“The collection and storage of information by an employer of an employee’s telephone, e-mail and internet usage at the place of work was, in the absence of any legal provisions, unjustified.”
The Times, 24th April 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.
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