Category: law reports

In re K (Deceased) – Times Law Reports

Posted April 16th, 2007 in executors, law reports by sally

Protecting creditors

In re K (Deceased)

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

Posted April 16th, 2007 in law reports, service out of jurisdiction by sally

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

Posted April 13th, 2007 in appeals, arbitration, law reports by sally

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

Posted April 13th, 2007 in arbitration, human rights, law reports by sally

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

Posted April 12th, 2007 in conflict of laws, law reports, stay of proceedings by sally

Staying proceedings to save costs

Bentinck v. Bentinck

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

Posted April 12th, 2007 in computer crime, law reports, police, sentencing by sally

Jail for unlawful computer access

Regina v. Hardy

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

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

Committal hearing should be separate from contact case

Hammerton v. Hammerton

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

Posted April 12th, 2007 in duty of care, health & safety, law reports by sally

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

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.