Category: law reports

Official Receiver v. Hollens – WLR Daily

Posted April 12th, 2007 in insolvency, law reports, partnerships by sally

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

Posted April 12th, 2007 in committals, insolvency, law reports by sally

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

Posted April 11th, 2007 in disability discrimination, education, law reports by sally

Limit to school’s special needs duty

K v. X School and Another 

“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

Posted April 11th, 2007 in change of name, grandparents, guardianship, law reports by sally

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

Posted April 11th, 2007 in immigration, judicial review, law reports by sally

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

Posted April 10th, 2007 in human rights, law reports by sally

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.

Johnson v. Medical Defence Union Ltd. (No. 2) – Times Law Reports

Posted April 10th, 2007 in data protection, law reports by sally

Selection of information is not creating protected data

Johnson v. Medical Defence Union Ltd. (No. 2)

Court of Appeal

“The selection of information from various manual and electronic files and its compilation on a computer did not constitute the creation of data capable of being processed under the Data Protection Act 1998.”

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.

BAILII: Recent decisions

Posted April 5th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Catt, R (on the application of) v Brighton and Hove City Council [2007] EWCA Civ 298 (04 April 2007)

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

AH (Sudan)& Ors v Secretary of State for the Home Department [2007] EWCA Civ 297 (04 April 2007)

Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)

High Court (Administrative Court)

Oxford City Council v Secretary of State for Communities & Local Government & Anor [2007] EWHC 769 (Admin) (04 April 2007)

Onotota, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 797 (Admin) (04 April 2007)

Secretary of State for the Home Department v Rideh [2007] EWHC 804 (Admin) (04 April 2007)

Bamber, R (on the application of) v HM Revenue & Customs [2007] EWHC 798 (Admin) (04 April 2007)

High Court (Chancery Division)

Wembley National Stadium Ltd v Wembley (London) Ltd& Ors [2007] EWHC 756 (Ch) (04 April 2007)

High Court (Queen’s Bench Division)

Rao v Central Liverpool Primary Care Trust [2007] EWHC 773 (QB) (04 April 2007)

Source: www.bailii.org

O’Brien v. Seagrave and another – WLR Daily

Posted April 5th, 2007 in law reports, probate by sally

O’Brien v. Seagrave and another [2007] EWHC 788 (Ch)

“A claimant who had a right to bring a statutory claim for provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 could be said to have a sufficient “interest” in the estate to permit her to proceed with a probate claim under CPR rule 57.7(1).”

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.

R (AW and others) v. Croydon London Borough Council and another – WLR Daily

Posted April 5th, 2007 in asylum, law reports by sally

R (AW and others) v. Croydon London Borough Council and another [2007] EWCA Civ 266

Where a failed asylum seeker satisfied the criteria of s 21(1) and (1A) of the National Assistance Act 1948 in that he or she was “infirm destitute” and the provision of support was necessary for the purpose of avoiding a breach of his or her Convention rights within the meaning of para 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002, that provision fell to be made by a local authority pursuant to s 21 of the 1948 Act.

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.

Edwards v. Golding and others – WLR Daily

Posted April 5th, 2007 in defamation, law reports by sally

Edwards v. Golding and others [2007] WLR (D) 88

“In defamation cases knowledge of the identity of the tortfeasor was not an integral element required before a cause of action could be said to have accrued for the purposes of limitation.”

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.

R (Balding) v. Secretary of State for Work and Pensions – WLR Daily

Posted April 5th, 2007 in benefits, insolvency, law reports by sally

R (Balding) v. Secretary of State for Work and Pensions [2007] EWHC 759 (Admin)

“Where an individual was liable to repay overpaid social security benefit under the Social Security Administration Act 1992 this was counted as a liability to pay money under an enactment for the purposes of s 382(4) of the Insolvency Act 1986 and was a bankruptcy debt. Discharge of the bankrupt released him from liability for recovery of the overpaid benefit.”

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.

Daily Telegraph Law Reports, 5th April 2007

Posted April 5th, 2007 in law reports by sally

Vranicki v. Architects Registration Board

R (Transport for London) v. Parking Adjudicator

Milton v. Crown Prosecution Service

Siddorn v. Patel & Anr

Antoniades v. East Sussex Hospitals NHS Trust

R (Malik) v. Waltham Forest NHS Primary Care Trust & Anr

Daily Telegraph, 5th April 2007

Source: www.telegraph.co.uk

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

BAILII: Recent decisions

Posted April 4th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Hickling v Baker [2007] EWCA Civ 287 (04 April 2007)

Court of Appeal (Criminal Division)

Leaf, R. v [2007] EWCA Crim 802 (04 April 2007)

Taylor & Anor, R. v [2007] EWCA Crim 803 (04 April 2007)

Gittins & Anor, R. v [2007] EWCA Crim 806 (04 April 2007)

European Court of Human Rights

COPLAND v. THE UNITED KINGDOM – 62617/00 [2007] ECHR 253 (3 April 2007)

Source: www.bailii.org

WWF – World Wide Fund for Nature and another v. World Wrestling Federation Inc – WLR Daily

Posted April 4th, 2007 in damages, law reports by sally

WWF – World Wide Fund for Nature and another v. World Wrestling Federation Entertainment Inc [2007] EWCA (Civ) 286 

“On an action for breach of covenant the court could grant injunctions to restrain future breaches and damages for past breaches which could be in the form of a reasonable payment for the hypothetical release of that covenant during the period of the breach. However, if the claimant had sought to add a claim for an account of profits arising from the breach on the basis that such damages would not be claimed, and permission had been refused, it would be an abuse of process for him subsequently to advance a claim for such damages against the same defendant in the same action.”

WLR Daily, 3rd 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.

Malcolm v. Director of Public Prosecutions – Times Law Reports

Posted April 4th, 2007 in evidence, law reports by sally

New evidence after justices retire

Malcolm v. Director of Public Prosecutions

Queen’s Bench Division 

“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”

The Times, 4th 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.

Brown v. Secretary of State for Work and Pensions – Times Law Reports

Posted April 4th, 2007 in benefits, law reports by sally

No offset for overpaid benefit

Brown v. Secretary of State for Work and Pensions

Court of Appeal 

“Where payments of disability living allowance had been suspended for overpayment and a redetermination made, payments subsequently awarded could not be offset against the irrecoverable overpayment, since the amount of payments would vary depending on how long it took for the redetermination to be reached.”

The Times, 4th 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.

Potter v. Scottish Ministers – Times Law Reports

Posted April 4th, 2007 in law reports by sally

Prison telephone call policy breaches inmate’s rights

Potter v. Scottish Ministers

Court of Session, Outer House 

“There was no lawful authority for interference with a prisoner’s right to private and family life by the imposition of a policy under which a message was played to the recipient of his telephone calls stating that the call was being made from a prison. ”

The Times, 4th 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 – WLR Daily

Posted April 3rd, 2007 in human rights, law reports by sally

Secretary of State for the Home Department v. AF

“A control order made by the Secretary of State imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”

WLR Daily, 2nd 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.

O’Hanlon v. Revenue and Customs Commissioners – WLR Daily

Posted April 3rd, 2007 in disability discrimination, law reports by sally

O’Hanlon v. Revenue and Customs Commissioners [2007] EWCA (Civ) 283

“An employer’s sick pay policy prohibiting unlimited full pay for a disabled employee having lengthy absences from work due to her disability did not entitle her to bring a claim for discrimination under the Disability Discrimination Act 1995.”

WLR Daily, 2nd 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.