Category: law reports

House of Lords Judgments: What’s new?

Posted April 26th, 2007 in law reports by sally

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

Stack v Dowden – Times law Reports

Posted April 26th, 2007 in cohabitation, law reports by sally

Presumption of equality in couple’s joint ownership

Stack v Dowden

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

Daily Telegraph Law Reports, 26th April 2007

Posted April 26th, 2007 in law reports by sally

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.

London and Quadrant Housing Trust v. Ansell – Times Law Reports

Posted April 25th, 2007 in landlord & tenant, law reports by sally

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

Moore v. Moore – Times Law Reports

Posted April 25th, 2007 in conflict of laws, divorce, law reports by sally

Keeping court informed in overlapping jurisdictions

Moore v. Moore

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.

Regina (Gibbs) v. Bishop of Manchester – Times Law Reports

Posted April 25th, 2007 in ecclesiastical law, employment, law reports by sally

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.

Regina v. Osbourne – Times Law Reports

Posted April 24th, 2007 in bad character, law reports by sally

Shouting not relevant to offence

Regina v. Osbourne 

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.

Copland v. United Kingdom – Times Law Reports

Posted April 24th, 2007 in human rights, law reports, privacy by sally

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.

London & Quadrant Housing Trust v. Ansell – WLR Daily

Posted April 23rd, 2007 in housing, law reports by sally

London & Quadrant Housing Trust v. Ansell

“Where, pursuant to ss 82 and 85 of the Housing Act 1985, a former secure tenant, following a possession order made against her, remained in occupation as a tolerated trespasser but failed to comply with the conditions imposed under the order the proper course was for the landlord to recover possession by issuing fresh proceedings. It was not appropriate to issue a warrant to recover possession under the original order to enable the tenant to claim protection under s 85 (2) of the Housing Act 1985.”

WLR Daily, 19th 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.

Chiniah v. Director General of the Mauritius Revenue Authority – WLR Daily

Posted April 20th, 2007 in company directors, income tax, law reports by sally

Chiniah v. Director General of the Mauritius Revenue Authority 

“A court could take into account a director’s dominant shareholding of a company in determining whether, under the law of Mauritius, he was a ‘principal officer’ of that company so as to be personally liable for income tax owed by the company.The Privy Council so held in dismissing an appeal by Jayram Chiniah from the order of the Court of Civil Appeal of Mauritius (YKJ Yeung Sik Yuen ACJ and P Lam Shang Leen J) affirming the decision of the Supreme Court of Mauritius to dismiss his notice of motion for erasure of an inscription of privilege in the sum of Rs 6.9m over his property, taken under the authority of the Income Tax Act 1995, in respect of income tax for the years 1991–92 to 1994–95 due by a company, Chiniah & Sons Ltd of which he was, until 17 April 1996, a director.”

WLR Daily, 17th 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.

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd. – Times Law Reports

Posted April 20th, 2007 in landlord & tenant, law reports by sally

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th 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.

O’Hanlon v. Customs Commissioners – Times Law Reports

Posted April 20th, 2007 in disability discrimination, law reports by sally

Limit to sick pay is lawful

O’Hanlon v. Revenue and Customs Commissioners

Court of Appeal 

“A sick pay policy that did not provide unlimited full pay for a disabled employee who had lengthy absences from work was not discriminatory under the Disability Discrimination Act 1995.”

The Times, 20th 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.

Regina (Consumer Council for Postal Services) v. Postal Services Commission and Another – Times Law Reports

Posted April 20th, 2007 in compensation, law reports, postal service by sally

Absence of lawyer is regretted 

Regina (Consumer Council for Postal Services) v. Postal Services Commission and Another

Court of Appeal 

“The Royal Mail was entitled to refuse compensation to a customer who was in default of credit terms without reasonable excuse. The fact and extent of the customer’s default was ascertained by reference to a particular point rather than a period of time.”

The Times, 20th 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.

In re K (Child) (Adoption: Permission to advertise) – Times Law Reports

Posted April 20th, 2007 in adoption, law reports by sally

Premature advertising for adoption 

In re K (Child) (Adoption: Permission to advertise) 

Family Division

“Before a child could be advertised for adoption the local authority had to be satisfied that the child ought to be placed for adoption.”

The Times, 20th 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.

BAILII: Recent decisions

Posted April 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 (19 April 2007)

Millam v Print Factory (London) 1991 Ltd [2007] EWCA Civ 322 (19 April 2007)

Atabo v Kings College London & Ors James Newman Patricia Methven Madeleine Law [2007] EWCA Civ 324 (19 April 2007)

Source: www.bailii.org

Daily Telegraph Law Reports, 19th April 2007

Posted April 19th, 2007 in law reports by sally

Kalron Foods Ltd. v. Revenue & Customs Commissioners

Maggs v. Anstey

Patel v. Patel

Rice & Others v. Secretary of State for Trade & Industry & Anr

W v. F

R (Balding) v. Secretary of State for Work & Pensions

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk

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

McKinnon v. Government of the United States of America and Another – Times Law Reports

Posted April 19th, 2007 in extradition, law reports by sally

Judicial distaste does not stop extradition order

McKinnon v. Government of the United States of America and Another

Queen’s Bench Divisional Court

“There was no abuse of the extradition process where a British defendant declined a plea bargain and, as a result, lost benefits which would have flowed from it.” 

The Times, 19th 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.

Secretary of State for the Home Department v. AF – Times Law Reports

Posted April 18th, 2007 in control orders, human rights, law reports, terrorism by sally

Cumulative restrictions make control order a nullity 

Secretary of State for the Home Department v. AF

Queen’s Bench Division 

“A control order imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”

The Times, 18th 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.

Azmi v. Kirklees Metropolitan Borough Council – Times Law Reports

Posted April 17th, 2007 in law reports, religious discrimination by sally

No discrimination in ban on veil in classroom

Azmi v. Kirklees Metropolitan Borough Council

Employment Appeal Tribunal 

“A Muslim teaching assistant who had been suspended for disobeying an instruction not to wear a veil when assisting a male teacher was not discriminated against directly or indirectly on the ground of religion or belief.”

The Times, 17th 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.

Babula v. Waltham Forest College – Times Law Reports

Posted April 17th, 2007 in law reports, unfair dismissal, whistleblowers by sally

Whistleblower need not prove criminal or civil wrongdoing

Babula v. Waltham Forest College

Court of Appeal 

“Where an employee made a claim for unfair dismissal asserting that the dismissal was to be regarded as automatically unfair because he had made a protected disclosure, it was sufficient that he reasonably believed the matters that he relied on amounted to a criminal offence, or founded a legal obligation. He did not have to be able to point to an actual criminal offence or to an actual legal obligation.”

The Times, 17th 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.