BAILII: Recent decisions
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)
Source: www.bailii.org
Category: law reports
Daily Telegraph Law Reports, 19th April 2007
Kalron Foods Ltd. v. Revenue & Customs Commissioners
Rice & Others v. Secretary of State for Trade & Industry & Anr
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
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
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
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
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.
In re K (Deceased) – Times Law Reports
Protecting creditors
Chancery Division
“When deciding whether to sanction payment by the administrators of an estate to admitted creditors and the subsequent distribution to beneficiaries without reference to disputed and potential creditors’ claims, the court should consider whether any, and if so what protection should be afforded to the potential creditors.”
The Times, 16th 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.
WPP Holdings Italy Srl and Others v. Benatti – Times Law Reports
Deciding which court was first seised of the action
WPP Holdings Italy Srl and Other v. Benatti
Court of Appeal
“The court first seised of an action where two parties issued proceedings against each other in different European Union jurisdictions was the one where the document instituting the proceedings was first lodged with the court or was first received by the authority responsible for service.”
The Times, 16th 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.
Sumukan Ltd. v. Commonwealth Secretariat – Times Law Reports
Power to hear appeal on whether exclusion agreement valid
Sumukan Ltd. v. Commonwealth Secretariat
Court of Appeal
“The Court of Appeal had jurisdiction to determine an appeal from a judge’s decision on whether the parties to an arbitration agreement had agreed to exclude an appeal to a court on a point of law under section 69 of the Arbitration Act 1996.”
The Times, 13th 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.
Stretford v. Football Association Ltd. and Another – Times Law Reports
Parties to an arbitration waive Convention right to fair trial
Stretford v. Football Association Ltd. and Another
Court of Appeal
“An arbitration agreement in the rules of a national football association did not contravene the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”
The Times, 13th 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.
Bentinck v. Bentinck – Times Law Reports
Staying proceedings to save costs
Court of Appeal
“Even when there was no error in a first-instance judgment in a family case concerning conflict of laws, it was not only open to the Court of Appeal, but incumbent upon it to avoid any further wastage of costs and stay the English proceedings until the foreign court had decided whether it was first seised of the matter.”
The Times, 12th 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. Hardy – Times Law Reports
Jail for unlawful computer access
Court of Appeal
“Police officers had to realise that accessing the police national computer for an improper purpose was an offence that required an immediate prison sentence.”
The Times, 12th 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.
Hammerton v. Hammerton – Times Law Reports
Committal hearing should be separate from contact case
Court of Appeal
“It was not appropriate to hear contact proceedings at the same time as committal proceedings.”
The Times, 12th 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.
Rice and another v. Secretary of State for Trade and Industry and another – WLR Daily
Rice and another v. Secretary of State for Trade and Industry and another
“The Secretary of State for Trade and Industry as statutory successor to the obligations of the National Dock Labour Board owed a common law duty of care to dock workers who had contracted asbestos related illnesses from unloading cargoes of asbestos.”
WLR Daily, 4th 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.
Official Receiver v. Hollens – WLR Daily
Official Receiver v. Hollens [2007] EWHC 753 (Ch)
“Subsections 303(2A) to (2C) of the Insolvency Act 1986 conferred upon the court the power to direct that the affairs of a partnership be wound up and its property administered as if the debtors had themselves presented a joint petition, even though they had not, so long as the partnership was insolvent and the order sought was one that could have been made had the individual members presented the joint petition.”
WLR Daily, 4th 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.
Hickling v. Baker – WLR Daily
Hickling v. Baker [2007] EWCA Civ 287
“An application for a committal order under s 364 of the Insolvency Act 1986 where an undischarged bankrupt failed to co-operate with the trustee in bankruptcy should normally be made on notice, unless a statutory provision provided otherwise. Any other exception to that practice had to be justified by evidence. Further, any committal order made without notice should require that, once arrested, the person in question should be brought promptly before the court for a hearing in order to comply with art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th 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.
K v. X School and Another – Times Law Reports
Limit to school’s special needs duty
“A school was not discriminating against an incontinent paraplegic pupil in the provision of education or associated services when it refused to clean and change him following a bowel accident.”
The Times, 11th 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 E (a Child): Special guardianship order – Times Law Reports
Child’s emotional identity needs supersede grandparents’ wishes
In re E (a Child): Special guardianship order
Court of Appeal
“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”
The Times, 11th 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 (AM (Cameroon)) v. Asylum and Immigration Tribunal – Times Law Reports
Judicial review available as well as statutory review
Regina (AM (Cameroon)) v. Asylum and Immigration Tribunal
Court of Appeal
“In exceptional circumstances, judicial review was available to challenge an immigration judge’s decision even though a final statutory review procedure existed.”
The Times, 11th 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 (Malik) v. Waltham Forest Primary Care Trust and Another – Times Law Reports
Right to work is not a possession
Regina (Mailk) v. Waltham Forest Primary Care Trust and Another
Court of Appeal
“The ability to earn a living was not a right of possession such as was capable of protection under the European Convention on Human Rights.”
The Times, 10th 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.
