House of Lords Judgments: What’s New?
Source: www.parliament.uk
Daily Telegraph Law Reports, 26th June 2008
Boustead (Murray) v. North West Strategic HA
Moore Stephens (A Firm) v. Stone & Rolls Ltd (In Liquidation)
Barnett v. Secretary of State for Communities and Local Government
Refson v. Revenue & Customs Commissioners
Daily Telegraph, 26th June 2008
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are available online for one week only.
Ombudsman quits prisoner inquiry – BBC News
“The Prisons and Probation Ombudsman has quit an inquiry into the treatment of a teenage prisoner, blaming the Prison Service for unacceptable restrictions.”
BBC News, 26th June 2008
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Higgs v R [2008] EWCA Crim 1324 (24 June 2008)
M & Anor, R. v [2008] EWCA Crim 1249 (23 May 2008)
Coupe, R. v [2008] EWCA Crim 1210 (23 May 2008)
Morgan v R. [2008] EWCA Crim 1323 (20 June 2008)
Smith & Ors v R [2008] EWCA Crim 1342 (25 June 2008)
Ilyas v Aylesbury Vale District Council [2008] EWCA Crim 1303 (19 June 2008)
High Court (Chancery Division)
Ardentia Ltd. v British Telecommunications Plc [2008] EWHC B12 (Ch) (19 June 2008)
Lancore Services Ltd v Barclays Bank Plc [2008] EWHC 1264 (Ch) (25 June 2008)
Cerascope Ltd & Anor v [2008] EWHC B9 (Ch) (25 June 2008)
Barron v Woodhead & Anor [2008] EWHC B10 (Ch) (25 June 2008)
High Court (Queen’s Bench Division)
Boustead v North West Strategic Health Authority [2008] EWHC B11 (QB) (16 June 2008)
Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gray v Thames Trains Ltd & Anor (Rev 1) [2008] EWCA Civ 713 (25 June 2008)
High Court (Administrative Court)
General Medical Council, R (on the application of) v George [2008] EWHC 1337 (Admin) (06 June 2008)
A v Secretary of State for the Home Department [2008] EWHC 1382 (Admin) (23 June 2008)
High Court (Technology and Construction Court)
Owen Pell Ltd v Bindi (London) Ltd [2008] EWHC 1420 (TCC) (19 May 2008)
Balcombe Group Plc v London Developement Agency [2008] EWHC 1392 (TCC) (24 June 2008)
Drummond v Pool Design Ltd [2008] EWHC 1438 (TCC) (13 June 2008)
Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) (25 June 2008)
Source: www.bailii.org
R (Weaver) v London and Quadrant Housing Trust – WLR Daily
R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207
“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”
WLR Daily, 25th June 2008
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.
Commune de Mesquer v Total France SA and another – WLR Daily
Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206
“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”
WLR Daily, 25th June 2008
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.
Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily
“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”
WLR Daily, 25th June 2008
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 v Wood – WLR Daily
R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204
“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”
WLR Daily, 25th June 2008
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.
EB (Kosovo) v Secretary of State for the Home Department – WLR Daily
EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203
“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 25th June 2008
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.
Chikwamba v Secretary of State for the Home Department – WLR Daily
Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202
“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”
WLR Daily, 25th June 2008
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.
Chikwamba v Secretary of State for the Home Department – Times Law Reports
Chikwamba v Secretary of State for the Home Department
House of Lords
“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”
The Times, 26th June 2008
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.
Lewisham London Borough Council v Malcolm – Times Law Reports
Lewisham London Borough Council v Malcolm
House of Lords
“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”
The Times, 26th June 2008
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.
Brady challenged to find Bennett – BBC News
“Moors murderer Ian Brady has been challenged by a lawyer to help police find the body of Keith Bennett.”
BBC News, 26th June 2008
Source: www.bbc.co.uk
Harman defends positive discrimination plans – The Independent
“The Equality Minister Harriet Harman today defended controversial plans to encourage firms to discriminate in favour of female and ethnic minorities job candidates.”
The Independent, 26th June 2008
Source: www.independent.co.uk
‘This was the way these mothers won justice’ – The Times
“When Jacqui Smith heard last week that the judiciary had effectively outlawed courtroom protection for witnesses, she thought of her conversations with the mothers of Letisha Shakespeare and Charlene Ellis.”
The Times, 25th June 2008
Source: www.timesonline.co.uk
Woman trampled by cows sues farmer for £1 million damages – Daily Telegraph
“A businesswoman who was trampled by cows as she walked through a field is suing the farmer who owns the herd for £1 million.”
Daily Telegraph, 25th June 2008
Source: www.telegraph.co.uk
The last-minute surprise that is ‘maintaining consumer confidence’ – The Times
“Proper consultation is the rock upon which good regulation is founded. And for the Financial Services Authority, consultation is in its DNA. So when it does the unthinkable and drops a bombshell without warning or discussion — as last week with the announcement of the Short Selling Instrument — people are bound to be left shellshocked and confused, especially if they are lawyers under pressure from clients to advise on what needs to be done.”
The Times, 26th June 2008
Source: www.timesonline.co.uk
When crime is used as an excuse – BBC News
“Three men who took part in the brutal murder of special constable Nisha Patel-Nasri, have been jailed for life.”
BBC News, 25th June 2008
Source: www.bbc.co.uk
