February 2011 – Page 17 – Current Awareness

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

Posted February 3rd, 2011 in asylum, children, deportation, human rights, immigration, law reports by sally

Regina (ZH Tanzania) v Secretary of State for the Home Department [2011] UKSC 4; [2011] WLR (D) 32

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 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.

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad – WLR Daily

Posted February 3rd, 2011 in insurance, law reports, shipping law by sally

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2011] UKSC 5; [2011] WLR (D) 31

“A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage.”

WLR Daily, 2nd February 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.

Orr v Milton Keynes Council – WLR Daily

Posted February 3rd, 2011 in employment, law reports, unfair dismissal by sally

Orr v Milton Keynes Council [2011] EWCA Civ 62; [2011] WLR (D) 30

“The employer’s knowledge for the purposes of section 98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions.”

WLR Daily, 2nd February 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.

Regina (Z) v Croydon London Borough Council – WLR Daily

Posted February 3rd, 2011 in asylum, children, judicial review, law reports by sally

Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29

“Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. If so, permission should be refused. If not, permission should normally be granted, subject to other discretionary factors, such as delay. It was axiomatic that an unaccompanied asylum seeker who claimed to be a child should be given, where an assessment of his age was being conducted by a local authority, a fair and proper opportunity, at a stage when a possible adverse decision was no more than provisional, to deal with important points adverse to his age case which weighed against him.”

WLR Daily, 2nd February 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.

Law firm not liable to loan losses, says appeal court – Law Society’s Gazette

Posted February 3rd, 2011 in banking, damages, negligence, news, solicitors, ultra vires by sally

“A law firm that gave negligent advice to a bank before the bank lost £28m in loans advanced to two local authorities does not have to reimburse those losses, the Court of Appeal ruled last week.”