Archive for the 'law reports' Category

BAILII: Recent Decisions

High Court (Chancery Division)

Phoenix Property Investors Ltd v Grange Securities Ltd [2011] EWHC 1131 (Ch) (05 May 2011)

Kingspan Group Plc & Anor v Rockwool Ltd (on costs) [2011] EWHC 1065 (Ch) (14 April 2011)

High Court (Family Division)

L (A Child: Media Reporting), Re [2011] EWHC B8 (Fam) (18 April 2011)

High Court (Commercial Court)

DSG International Sourcing Ltd & Anor v Universal Media Corporation (Slovakia) SRO [2011] EWHC 1116 (Comm) (05 May 2011)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd [No 4] [2011] EWHC 1107 (TCC) (19 April 2011)

Source: www.bailii.org

Sharif v Camden London Borough Council – WLR Daily

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Raphael (t/a Orleans), R (on the application of) v Highbury Corner Magistrates Court & Anor [2011] EWCA Civ 462 (20 April 2011)

AS v London Borough of Camden [2011] EWCA Civ 463 (20 April 2011)

High Court (Technology and Construction Court)

Kingfisher Builders v Sear [2011] EWHC 1122 (TCC) (04 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

High Court (Chancery Division)

Eurodis Electron Plc & Ors, Re The Insolvency Act 1986 [2011] EWHC 1025 (Ch) (19 April 2011)

High Court (Patents Court)

Dayco Europe SRL v Gates Unitta Asia Company & Ors [2011] EWHC 99 (Pat) (26 January 2011)

Source: www.bailii.org

Okafor v Secretary of State for the Home Department – WLR Daily

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

T v R. [2011] EWCA Crim 729 (25 March 2011)

McEwan, R. v [2011] EWCA Crim 1026 (29 March 2011)

Clarke, R. v [2011] EWCA Crim 939 (01 April 2011)

Sundas, R. v [2011] EWCA Crim 985 (05 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Bond v Dunster Properties Ltd & Ors [2011] EWCA Civ 455 (21 April 2011)

High Court (Technology and Construction Court)

Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC) (19 April 2011)

Source: www.bailii.org

Redcard Ltd and others v Williams and others – WLR Daily

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British Bankers’ Association v Financial Services Authority and another – WLR Daily

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another – WLR Daily

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142

“The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the school. The requirement in regulation 18 that two of the foundation governors should at the time of their appointment be eligible for election or appointment as parent governors was fulfilled by the presence on the existing governing body of two foundation governors who had been so eligible when they were appointed.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ETK v News Group Newspapers Ltd – WLR Daily

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Djanogly v Westminster City Council – WLR Daily

Djanogly v Westminster City Council [2011] EWCA Civ 432; [2011] WLR (D) 140

“When making a traffic management order a local authority was entitled to see the fair spreading of costs for suitable and adequate parking facilities between motorcyclists and car drivers as a legitimate consideration.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Williams & Ors v Redcard Ltd & Ors [2011] EWCA Civ 466 (20 April 2011)

Berezovsky & Anor v Edmiston & Company Ltd [2011] EWCA Civ 431 (19 April 2011)

Finurba Corporate Finance Ltd v Sipp SA & Anor [2011] EWCA Civ 465 (20 April 2011)

Okafor & Ors v Secretary of State for the Home Department [2011] EWCA Civ 499 (20 April 2011)

Vestergaard Frandsen SA ( MVf3 APS) & Ors v Bestnet Europe Ltd & Ors [2011] EWCA Civ 424 (20 April 2011)

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456 (20 April 2011)

Davenport v The City of Westminster [2011] EWCA Civ 458 (19 April 2011)

Buckinghamshire County Council v Royal Borough of Kingston Upon Thames [2011] EWCA Civ 457 (19 April 2011)

High Court (Queen’s Bench Division)

Montgomery v Brown [2011] EWHC 875 (QB) (08 April 2011)

OPQ v BJM & Anor [2011] EWHC 1059 (QB) (20 April 2011)

Henry v News Group Newspapers Ltd (Rev 1) [2011] EWHC 1058 (QB) (20 April 2011)

High Court (Chancery Division)

Hussain & Anor v Wycombe Islamic Mission and Mosque Trust Ltd & Anor [2011] EWHC 971 (Ch) (20 April 2011)

Alliance & Anor v Tishbi & ors [2011] EWHC 1015 (Ch) (20 April 2011)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd. [2011] EWHC 1038 (Ch) (20 April 2011)

The Nottinghamshire and City of Nottingham Fire Authority v Gladman Commercial Properties [2011] EWHC 1918 (Ch) (20 April 2011)

Virgin Enterprises Ltd v Casey [2011] EWHC 1036 (Ch) (20 April 2011)

Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) (20 April 2011)

High Court (Family Division)

X, Y, Z (Minors), Re [2011] EWHC 402 (Fam) (03 March 2011)

High Court (Administrative Court)

British Telecommunications Plc & Anor, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin) (20 April 2011)

Griffin, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 943 (Admin) (20 April 2011)

Ismailaj v The Parole Board of England & Wales & Anor [2011] EWHC 1020 (Admin) (20 April 2011)

British Bankers Association, R (on the application of) v The Financial Services Authority & Anor [2011] EWHC 999 (Admin) (20 April 2011)

High Court (Commercial Court)

Pacific Inter-Link Sdn Bhd v Efko Food Ingredients Ltd. [2011] EWHC 923 (Comm) (13 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

GJB v R. [2011] EWCA Crim 867 (01 April 2011)

High Court (Administrative Court)

Secerno Ltd & Ors v Oxford Magistrates Court & Anor [2011] EWHC 1009 (Admin) (19 April 2011)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company & Ors (Rev 1) [2011] EWHC 1019 (Comm) (19 April 2011)

Source: www.bailii.org

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Revenue and Customs Commissioners v Cotter – WLR Daily

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Djanogly v Westminster City Council [2011] EWCA Civ 432 (19 April 2011)

ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 (19 April 2011)

Thorne v Courtier & Ors [2011] EWCA Civ 460 (19 April 2011)

CMA- CGM Marseille v Petro Broker International [2011] EWCA Civ 461 (19 April 2011)

Sandhu (t/a Isher Fashions UK) v Jet Star Retail Ltd & Ors [2011] EWCA Civ 459 (19 April 2011)

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 (19 April 2011)

ETK v News Group Newspapers Ltd. [2011] EWCA Civ 439 (19 April 2011)

Boswell & Ors v Lawson & Ors [2011] EWCA Civ 452 (19 April 2011)

High Court (Chancery Division)

Amin v Amin [2011] EWHC 1026 (Ch) (19 April 2011)

Cattle v Evans & Anor [2011] EWHC 945 (Ch) (19 April 2011)

High Court (Queen’s Bench Division)

Najib v John Laing Plc [2011] EWHC 1016 (QB) (19 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC 872 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

CRJ Services Ltd v Lanstar Ltd (t/a CSG Lanstar) [2011] EWHC 972 (TCC) (19 April 2011)

Barr & Ors v Biffa Waste Services Ltd (No 3) [2011] EWHC 1003 (TCC) (19 April 2011)

Mears Ltd v Leeds City Council (No 2) [2011] EWHC 1031 (TCC) (19 April 2011)

Source: www.bailii.org

Court results put on Twitter by West Midlands Police – BBC News

“Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Allan & Ors, R. v [2011] EWCA Crim 1022 (18 April 2011)

Beesley & Anor, R. v [2011] EWCA Crim 1021 (18 April 2011)

Court of Appeal (Civil Division)

S (Children) , RE [2011] EWCA Civ 454 (18 April 2011)

RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434 (18 April 2011)

Rooff Ltd. v Secretary of State for Communities & Local Government [2011] EWCA Civ 435 (18 April 2011)

MD (China) & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 453 (18 April 2011)

High Court (Queen’s Bench Division)

Apsion v Dilnot [2011] EWHC 869 (QB) (18 April 2011)

Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor [2011] EWHC 776 (QB) (18 April 2011)

Harty v Sabre International Security Ltd & Anor [2011] EWHC 852 (QB) (05 April 2011)

High Court (Administrative Court)

B v The District Court In Trutnov & Anor (Two Czech Judicial Authorities) [2011] EWHC 963 (Admin) (15 April 2011)

Jorgenson, R (on the application of) v Secretary of State for Justice [2011] EWHC 977 (Admin) (15 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

High Court (Queen’s Bench Division)

Baxendale- Walker v Middleton & Ors [2011] EWHC 998 (QB) (18 April 2011)

High Court (Administrative Court)

NXT, R (on the application of) & Ors v Secretary of State for the Home Department [2011] EWHC 969 (Admin) (15 April 2011)

Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) (15 April 2011)

Source: www.bailii.org

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Cardinal Vaughan Memorial School, R (on the application of) v The Archbishop of Westminster & Anor [2011] EWCA Civ 433 (14 April 2011)

H and L v A City Council [2011] EWCA Civ 403 (14 April 2011)

Marcroft v Heartland (Midlands) Ltd [2011] EWCA Civ 438 (14 April 2011)

Desai v National Car Parks Services (NCP) [2011] EWCA Civ 402 (14 April 2011)

Court of Appeal (Criminal Division)

Deeney, R. v [2011] EWCA Crim 893 (14 April 2011)

R & Anor, R. v [2011] EWCA Crim 944 (13 April 2011)

Letchford & Ors, R. v [2011] EWCA Crim 943 (13 April 2011)

High Court (Administrative Court)

Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council & Anor [2011] EWHC 927 (Admin) (14 April 2011)

All About Rights Law Practice, R (on the application of) v Legal Services Commission [2011] EWHC 964 (Admin) (14 April 2011)

Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011)

Inzunza & Ors v United States of America & Ors (Rev 1) [2011] EWHC 920 (Admin) (14 April 2011)

K and AC Jackson & Son, R (on the application of) v Department for the Environment, Food and Rural Affairs [2011] EWHC 956 (Admin) (14 April 2011)

High Court (Chancery Division)

Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) (14 April 2011)

Prudential Staff Pensions Ltd v The Prudential Assurance Company Ltd & Ors [2011] EWHC 960 (Ch) (14 April 2011)

Europeans Ltd v Revenue and Customs [2011] EWHC 948 (Ch) (13 April 2011)

High Court (Commercial Court)

Dhanani v Crasnianski [2011] EWHC 926 (Comm) (15 April 2011)

Al- Sadi v Al- Sadi [2011] EWHC 976 (Comm) (14 April 2011)

High Court (Patents Court)

H Lundbeck AS v Norpharma SPA & Ors [2011] EWHC 907 (Pat) (14 April 2011)

High Court (Queen’s Bench Division)

Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB) (14 April 2011)

Goodwill SIP Ltd & Ors v London Borough of Newham [2011] EWHC 980 (QB) (14 April 2011)

Source: www.bailii.org

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350;  [2011] WLR (D)  135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jenson and another v Faux – WLR Daily

Jenson and another v Faux [2011] EWCA Civ 423;  [2011] WLR (D)  133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baker v Quantum Clothing Group Ltd and others – WLR Daily

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17;  [2011] WLR (D)  132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v First-tier Tribunal – WLR Daily

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV – WLR Daily

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV (Case C-153/10); [2011] WLR (D) 130

“A person who made customs declarations in his own name and on his own behalf could not rely on a binding tariff information of which he was not the holder, but which associated company on whose instructions he made those declarations. A person could, however, in proceedings relating to the imposition of customs duties, challenge the imposition of duties by submitting as evidence a binding tariff information issued in another member state.”

WLR Daily, 7th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Supreme Court

Baker v Quantum Clothing Group Ltd & Ors (Ver 2) [2011] UKSC 17 (6 April 2011)

Court of Appeal (Civil Division)

Jenson & Anor v Faux [2011] EWCA Civ 423 (13 April 2011)

Garratt v Mirror Group Newspapers Ltd [2011] EWCA Civ 425 (13 April 2011)

Secretary of State for the Foreign Office & Commonwealth Affairs v Maftah & Anor [2011] EWCA Civ 350 (13 April 2011)

Corporation of the Hall of Arts and Sciences v The Albert Court Residents’ Association [2011] EWCA Civ 430 (13 April 2011)

RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011)

St Andrew’s Catholic Primary School v Blundell [2011] EWCA Civ 427 (13 April 2011)

High Court (Chancery Division)

Wahab v Khan & Ors [2011] EWHC 908 (Ch) (12 April 2011)

Milsom & Ors v Ablyazov [2011] EWHC 955 (Ch) (08 April 2011)

Larsen & Anor (Foreign Representatives of Atlas Bulk Shipping AS) & Anor v Navios International Inc [2011] EWHC 878 (Ch) (13 April 2011)

High Court (Technology and Construction Court)

PC Harrington Contractors Ltd v Tyroddy Construction Ltd [2011] EWHC 813 (TCC) (25 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Tedjame- Mortty, R. v [2011] EWCA Crim B1 (05 April 2011)

Court of Appeal (Civil Division)

Jones v First Tier Tribunal (Social Entitlement Chamber) [2011] EWCA Civ 400 (12 April 2011)

Macpherson v Wise [2011] EWCA Civ 399 (12 April 2011)

Court of Appeal (Administrative Court)

Rahman, R (on the application of) v Birmingham City Council [2011] EWHC 944 (Admin) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Yeganeh v Zurich Plc & Anor [2011] EWCA Civ 398 (11 April 2011)

Ambrosiadou v Coward [2011] EWCA Civ 409 (12 April 2011)

Murphy v Wyatt [2011] EWCA Civ 408 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 405 (12 April 2011)

Knight Frank LLP v Du Haney [2011] EWCA Civ 404 (12 April 2011)

Revenue & Customs v Mayes [2011] EWCA Civ 407 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 406 (12 April 2011)

High Court (Chancery Division)

Idessa (UK) Ltd, Re [2011] EWHC 804 (Ch) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Seeff & Anor v Ho & Anor [2011] EWCA Civ 401 (11 April 2011)

High Court (Chancery Division)

Wincanton Group Ltd v Garbe Logistics UK 1 SARL & Anor [2011] EWHC 905 (Ch) (11 April 2011)

High Court (Commercial Court)

Dhabi v Sd Marine Services [2011] EWHC 848 (Comm) (11 April 2011)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton – WLR Daily

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton (Case C-424/09); [2011] WLR (D) 128

“The mechanisms for the recognition of higher education diplomas pursuant to article 3(b) of Council Directive 89/48/EEC, as amended, were applicable where the profession at issue was a regulated professional activity within the meaning of the second sub-paragraph of article 1(d) of the Directive in the member state of origin, irrespective of whether the person concerned was or was not a full member of the professional association or organisation concerned. In order for professional experience to be taken into account for the purposes of recognition under article 3(b) certain specific conditions had to be satisfied.”

WLR Daily, 5th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Merck Sharp & Dohme Corp v Teva UK Ltd [2011] EWCA Civ 382 (08 April 2011)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2011] EWHC 876 (QB) (08 April 2011)

The Legal Services Commission v F & Ors [2011] EWHC 899 (QB) (08 April 2011)

High Court (Chancery Division)

Moria & Anor v Bednash [2011] EWHC 839 (Ch) (08 April 2011)

Batt v Royal Mail [2011] EWHC 900 (Ch) (08 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin) (07 April 2011)

Coleiro v The Court of Magistrates, Malta [2011] EWHC 873 (Admin) (08 April 2011)

Crosbie v Secretary of State for Defence [2011] EWHC 879 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

Zodiac Training Ltd v Third Eye Technologies Ltd & Anor [2011] EWHC 881 (TCC) (08 April 2011)

High Court (Commercial Court)

Milan Nigeria Ltd v Angeliki B Maritime Company [2011] EWHC 892 (Comm) (08 April 2011)

Amalgamated Metal Corporation Plc v Wragge & Co (A Firm) & Anor [2011] EWHC 887 (Comm) (08 April 2011)

Source: www.bailii.org

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique – WLR Daily

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Case C-119/09); [2011] WLR (D) 127

“National legislation totally prohibiting the members of a regulated profession from engaging in canvassing was contrary to article 24(1) of European Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ 2006 L 376, p 36).”

WLR Daily, 5th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Davies, R v [2011] EWCA Crim 871 (07 April 2011)

Court of Appeal (Civil Division)

Worsdell v Golledge & Anor [2011] EWCA Civ 364 (07 April 2011)

Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

High Court (Administrative Court)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) (07 April 2011)

Source: www.bailii.org

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC15; [2011] WLR (D) 125

“It was contrary to public policy that a person who had obtained planning permission for the building of a barn, but who had throughout intended to and did build a dwelling house disguised as a barn, and who had by deception concealed his breach of planning permission for four years from the planning authorities, should be able to invoke the immunity from enforcement action which was available under section 171B of the Town and Country Planning Act 1990.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Case C-546/09); [2011] WLR (D) 123

“Interest on arrears in relation to customs duties still to be recovered could only be charged pursuant to article 232(1)(b) of Regulation 2913/92, as amended, in respect of the period falling after the deadline by which those duties were to be paid.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Supreme Court

Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council [2011] UKSC 15 (6 April 2011)

Farstad Supply AS v Enviroco Ltd [2011] UKSC 16 (6 April 2011)

Court of Appeal (Civil Division)

MP (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 362 (06 April 2011)

Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

High Court (Administrative Court)

Young, R (on the application of) v Governor of Her Majesty’s Prison Highdown & Anor [2011] EWHC 867 (Admin) (06 April 2011)

High Court (Commercial Court)

West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 (Comm) (06 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Makisi v Birmingham City Council [2011] EWCA Civ 355 (31 March 2011)

BM v Secretary of State for the Home Department [2011] EWCA Civ 366 (05 April 2011)

High Court (Queen’s Bench Division)

Le Breton v Petrpodel Resources Ltd [2011] EWHC 769 (QB) (01 April 2011)

High Court (Chancery Division)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 843 (Ch) (05 April 2011)

High Court (Administrative Court)

Panesar (t/a Anami Law), R (on the application of) v Crown Prosecution Service & Anor [2011] EWHC 842 (Admin) (05 April 2011)

High Court (Commercial Court)

Global 5000 Ltd v Wadhawan [2011] EWHC 853 (Comm) (05 April 2011)

Source: www.bailii.org

Ing Bank NV v Ros Roca SA – WLR Daily

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 2011

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.

Schröder v Finanzamt Hameln – WLR Daily

Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121

“National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Austin & Ors v Miller Argent (South Wales) [2011] EWCA Civ 363 (04 April 2011)

High Court (Queen’s Bench Division)

Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 768 (QB) (30 March 2011)

London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)

Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)

High Court (Family Division)

A Local Authority v. C [2011] EWHC 231 (Fam) (11 February 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Rakib, R v [2011] EWCA Crim 870 (01 April 2011)

Adam & Anor, R v [2011] EWCA Crim 865 (01 April 2011)

Court of Appeal (Civil Division)

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359 (31 March 2011)

Haresign v Clydesdale Bank Plc (t/a Yorkshire Bank) [2011] EWCA Civ 344 (01 April 2011)

Eliassen & Anor v Eliassen & Ors [2011] EWCA Civ 361 (01 April 2011)

Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)

High Court (Queen’s Bench Division)

Hindawi, R (on the application of) v Secretary of State for Justice [2011] EWHC 830 (QB) (01 April 2011)

Bailey & Anor v Kordowski [2011] EWHC 785 (QB) (01 April 2011)

White v Southampton University Hospitals NHS Trust & Anor [2011] EWHC 825 (QB) (01 April 2011)

High Court (Chancery Division)

Assetco Plc v Shannon [2011] EWHC 816 (Ch) (21 March 2011)

High Court (Family Division)

D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)

High Court (Administrative Court)

Sobers, R (on the application of) v Secretary of State for Justice [2011] EWHC 817 (Admin) (01 April 2011)

Bhatt v General Medical Council [2011] EWHC 783 (Admin) (01 April 2011)

Guney, R (on the application of) v Central Criminal Court & Anor [2011] EWHC 767 (Admin) (01 April 2011)

Karwal v General Medical Council [2011] EWHC 826 (Admin) (01 April 2011)

Mansoor, R (on the application of) v Secretary of state for the home department [2011] EWHC 832 (Admin) (23 March 2011)

High Court (Commercial Court)

Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 778 (Comm) (01 April 2011)

Source: www.bailii.org

Owens v Dudley Metropolitan Borough Council – WLR Daily

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ilott v Mitson and others – WLR Daily

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

European Commission v Italian Republic – WLR Daily

European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118

“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Richardson v Chief Constable of West Midlands Police – WLR Daily

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Court of Appeal (Civil Division)

ING Bank NV v Ros Roca SA [2011] EWCA Civ 353 (31 March 2011)

High Court (Administrative Court)

Chester, R (on the application of) v The Parole Board [2011] EWHC 800 (Admin) (31 March 2011)

High Court (Chancery Division)

Crossco No 4 Unltd & Ors v Jolan Ltd & Ors [2011] EWHC 803 (Ch) (31 March 2011)

Scottish Widows Fund and Life Assurance Society v BGC International [2011] EWHC 729 (Ch) (31 March 2011)

High Court (Queen’s Bench Division)

Lewis v Commissioner of Police of the Metropolis & Ors (Rev 1) [2011] EWHC 781 (QB) (31 March 2011)

Source: www.bailii.org

Schütz (UK) Ltd v Werit UK Ltd and another – WLR Daily

Schütz (UK) Ltd v Werit UK Ltd and another [2011] EWCA Civ 303;  [2011] WLR (D)  115

“Where an invention was a product and one asked, for the purposes of section 60(1)(a) of the Patents Act 1977, whether a party had been ‘making’ a product, it was not appropriate to have regard to a ‘whole inventive concept’ test.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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