from the Inner Temple Library
Overpaid VAT claim passed on
Midlands Co-operative Society Ltd v Revenue and Customs Commissioners
Chancery Division
“A taxable person entitled to the benefit of an overpayment claim of value-added tax was entitled to pass the benefit of that claim to another.”
The Times, 29th June 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.
Courts cannot judge specialist policy
Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others
Queen’s Bench Division
“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”
The Times, 29th June 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.
Two-stage decision process for judges
In re P (A Child) (Adoption proceedings)
Court of Appeal
“Judges hearing applications by parents for leave to defend adoption proceedings after a placement order had been made had to undertake a two-stage process: first, decide whether there had been sufficient change of circumstance; then consider what the welfare of the child required.”
The Times, 29th June 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.
Status of tolerated trespasser
Islington London Borough Council v. Honeygan-Green
Queen’s Bench Division
“A council tenant could not exercise her right to buy her home if she fell into rent arrears before making the purchase but after the right had been granted. Even if the arrears were later paid off, she had to make a fresh application.”
The Times, 29th June 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.
“The Solicitors Regulation Authority this week decided to remove restrictions on solicitors wanting to appear in the higher courts, replacing compulsory accreditation with voluntary assessment schemes covering criminal, civil and family advocacy.”
Law Society’s Gazette, 28th June 2007
Source: www.lawgazette.co.uk
“Solicitors condemned the ‘wilful blindness’ of the Ministry of Justice (MoJ) this week in refusing to acknowledge the severe threat its reforms pose to the legal aid system, after the government shrugged off damning criticisms from a cross-party committee of MPs and announced its intention to press ahead with the controversial plans.”
Law Society’s Gazette, 28th June 2007
Source: www.lawgazette.co.uk
R v. Campbell [2007] EWCA Crim 1472
“If a defendant’s previous convictions were admitted in evidence, the jury could attach significance to them in any respect in which they were relevant and relevance could normally be deduced by the application of common sense. The mere fact that there was an issue as to whether a defendant’s case was truthful did not mean that evidence could be admitted to show that he had a propensity to be untruthful.”
WLR Daily, 26th June 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 (National Grid Gas plc) v. Environment Agency
“A private company which had taken over the assets and liabilities of the state-owned British Gas Corporation in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”
WLR Daily, 27th June 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.
In re P (A Child) (Adoption Proceedings)
“A court’s decision whether or not to grant leave to a parent to oppose the making of an adoption order, pursuant to s 47(5) of the Adoption and Children Act 2002, was “a decision relating to the adoption of a child” within the meaning of s 1(1) of the 2002 Act. Therefore, by s 1(2) of the Act, the paramount consideration of the court was the child’s welfare.”
WLR Daily, 27th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the WLR Daily summary is removed.
The Ears of the Child in Family Proceedings (PDF)
Speech by Lord Justice Wilson, 28th June 2007
Source: www.judiciary.gov.uk
“Investment trusts are set for a windfall as European court rules HMRC has been unfairly charging VAT on management fees.”
The Times, 28th June 2007
Source: www.timesonline.co.uk
“Jack Straw becomes the first Lord Chancellor to sit in the Commons; Baroness Scotland takes over as Attorney-General.”
The Times, 28th June 2007
Source: www.timesonline.co.uk
“Two elderly hoteliers won their battle against extradition to the US yesterday as a British judge suggested a prosecutor had lied to get his hands on them.”
The Times, 29th June 2007
Source: www.timesonline.co.uk
“Two British motorists have lost the last round of their legal fight against speed cameras.”
BBC News, 29th June 2007
Source: www.bbc.co.uk
“A legal challenge to the government’s smoking ban in England will be launched at the High Court by campaigners.”
BBC News, 29th June 2007
Source: www.bbc.co.uk
“The Libyan intelligence agent convicted of the Lockerbie bombing has been granted a second appeal after an independent commission ruled yesterday that his conviction was unsafe.”
Daily Telegraph, 29th June 2007
Source: www.telegraph.co.uk
“IVF doctors last night called for resignations and a full investigation by the Department of Health after the high court ruled that the fertility regulator had unlawfully obtained warrants to search a clinic on the eve of a Panorama documentary. The British Fertility Society, representing the doctors, said the Human Fertilisation and Embryology Authority had lost the trust of the clinics it regulates following the high court victory of Mohamed Taranissi, the controversial IVF doctor who has the best success rates in the country.”
The Guardian, 29th June 2007
Source: www.guardian.co.uk
“Google, the world’s biggest search engine, is being sued by a London businessman in a landmark legal action that could hold the US-based company liable for the publication of inaccurate, malicious or damaging material on the internet.”
The Independent, 29th June 2007
Source: www.independent.co.uk
“The death of Gareth Myatt, a teenager who choked and died while being restrained by three guards at a privately-run youth prison, could have been prevented, an inquest jury found yesterday.”
The Guardian, 29th June 2007
Source: www.guardian.co.uk
“The government’s embarrassing defeat in the 1960 Lady Chatterley’s Lover trial caused a marked loss of enthusiasm for the recently introduced Obscenity Act, documents released yesterday by the National Archives reveal.”
The Independent. 29th June 2007
Source: www.independent.co.uk
“A senior family judge has urged his fellow judges to stop children from being sidelined in court proceedings so that they failed to understand what was going on.”
The Times, 29th June 2007
Source: www.timesonline.co.uk
“People going to court are motivated by getting justice and a final decision, government research published today shows.”
Ministry of Justice press release, 28th June 2007
Source: www.justice.gov.uk
Notification was note required
Court of Appeal (Criminal Division)
“A person in receipt of housing or council tax benefit was not obliged to disclose a change in his circumstances to the prescribed benefits officer if that change did not affect any entitlement to his benefit under the social security legislation.”
The Times, 28th June 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.
Successor to polluter not liable under later law
Regina (National Grid Gas plc) v Environment Agency
House of Lords
“A private company which had succeeded the state-owned British Gas in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”
The Times, 28th June 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.
Advocates must respect privilege
Wilson v. Jaymarke Estates Ltd.
House of Lords
“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”
The Times, 28th June 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.
“Where an assured tenancy agreement contained a clause providing the machinery for the increase of the rent the landlord was not required to comply with the rent review procedure set out by s 13 of the Housing Act 1988.”
WLR Daily, 26th June 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.
Crystal Palace FC Ltd. v. Dowie
Jeffrey & Anr v. First Secretary of State & Anr
Commissioners for Her Majesty’s Revenue & Customs v. Mayor
Rowley & Others v. Secretary of State for Department of Work & Pensions
Wetherill & Others v. Birmingham CC
Daily Telegraph, 28th June 2007
Source: www.telegraph.co.uk
“The Law Society’s aggressive cost-cutting campaign is to lead to another round of job cuts, it has emerged, as Chancery Lane bids to reposition itself as a substantial commercial enterprise.”
Legal Week, 28th June 2007
Source: www.legalweek.com
“A record number of people are due to have their claims for the return of bank overdraft charges dealt with at Leeds Mercantile Court.”
BBC News, 28th June 2007
Source: www.bbc.co.uk
“The Crown Prosecution Service (CPS) is expected to give its reaction later to criticisms made at an inquest into the deaths of four cyclists. “
BBC News, 28th June 2007
Source: www.bbc.co.uk
“The Financial Services Authority today unveiled plans for a wide-ranging shake-up of the financial services industry, but critics say it has not gone far enough.”
The Times, 27th June 2007
Source: www.timesonline.co.uk
“Utility companies and their shareholders breathed more easily on Wednesday when Britain’s top court ruled that they were not liable for certain environmental liabilities - including site clean-up costs - of their predecessor entities.”
Financial Times, 27th June 2007
Source: www.ft.com
“The parents of a student who killed herself after developing anorexia at college have called for a change in the law after data protection legislation prevented tutors from telling her family she was sick.”
Daily Telegraph, 28th June 2007
Source: www.telegraph.co.uk
“Criminals convicted of attempted murder should serve as little as 40 per cent of the sentence that would have been imposed if they had successfully claimed a life, sentencing advisers said today.”
The Times, 28th June 2007
Source: www.timesonline.co.uk
“A wealthy retired builder was ordered to pay more money to the woman he divorced nearly 30 years ago after a judge heard she had “fallen on hard times”, the Court of Appeal heard yesterday.”
The Times, 28th June 2007
Source: www.timesonline.co.uk
“The Tribunals, Courts and Enforcement (TCE) Bill, which brings most tribunals together in a single organisation, will speed up justice and make the process easier for the public to understand, Justice Minister Vera Baird QC MP said today.”
Ministry of Justice press release, 27th June 2007
Source: www.justice.gov.uk
Fact sheet not unambiguous
Hooper v Secretary of State for Work and Pensions
Court of Appeal
“A government fact sheet was not clear and unambiguous enough so that overpayments of incapacity benefit were not recoverable from a person receiving the benefit who took up part-time paid employment without notifying the Secretary of State for Work and Pensions in breach of statute.”
The Times, 27th June 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.
Appeal judges are always available
A (Child)(Change of residence)
Court of Appeal
“Court of Appeal judges were available out of hours for the consideration of an immediate stay of an order from the county court.”
The Times, 27th June 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.
Comparative advertisements must not be misleading
Boehringer Ingelheim Ltd and Others v Vetplus Ltd
Court of Appeal
“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”
The Times, 27th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only availble free on Times Online for 21 days from the date of publication.
“The thirty Acts proposed for repeal in this consultation date mostly from the 18th and 19th centuries and concern local taxation in England at that time. The early rating system was closely linked with the system of providing relief for the poor in each parish. Indeed the English poor-law system remained parish-based until 1930. Changes in the mid-20th century, including the establishment of the welfare state, have made these Acts obsolete.”
Law Commission, 27th June 2007
Source: www.lawcom.gov.uk
The Veterinary Surgery (Artificial Insemination) (Amendment) Order 2007
The Public Guardian Board Regulations 2007
The Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007
The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007
The Keighley College (Dissolution) Order 2007
The Cricklade College, Andover (Dissolution) Order 2007
The Farnham College (Dissolution) Order 2007
The Home Loss Payments (Prescribed Amounts) (England) Regulations 2007
The North Trafford College of Further Education (Dissolution) Order 2007
The Skelmersdale College (Dissolution) Order 2007
The Spelthorne College, Ashford, Middlesex (Dissolution) Order 2007
The Lord Chancellor (Modification of Functions) Order 2007
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2007
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2007
The Primary Care Trusts (Establishment and Dissolution) (England) Amendment (No.2) Order 2007
The REACH (Appointment of Competent Authorities) Regulations 2007
The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007
Source: www.opsi.gov.uk
“Tougher offences to tackle crime and strong, new measures to cut re-offending were announced today (26 June) by David Hanson MP, Minister of Justice and Baroness Scotland, Home Office Minister for Crime Reduction.”
Ministry of Justice press release, 26th June 2007
Source: www.justice.gov.uk
“The Government’s plans to limit requests under the Freedom of Information (FOI) Act should be blocked, according to a parliamentary committee. It also said that watchdog the Information Commissioner’s Office (ICO) should be better funded.”
OUT-LAW.com, 27th June 2007
Source: www.out-law.com
“Saturday will be the last day for smoking in an enclosed public space. Robert Verkaik, Law Editor, considers the possibility of legal actions against the ban.”
The Independent, 27th June 2007
Source: www.independent.co.uk
