December 2011 – Page 5 – Current Awareness

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Posted December 16th, 2011 in habeas corpus, law reports, prisoners of war, transfer of prisoners by tracey

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: [2011] EWCA Civ 1540; [2011] WLR (D) 368

“Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context of an application for the issue of the writ.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Spaceright Europe Ltd v Baillavoine and another – WLR Daily

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by tracey

Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369

“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 16th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Milton Keynes Council & Ors, R (on the application of) v Secretary of State for Communities & Local Government [2011] EWCA Civ 1575 (16 December 2011)

Terluk v Berezovsky [2011] EWCA Civ 1534 (15 December 2011)

Banks v Morgan & Ors [2011] EWCA Civ 1568 (15 December 2011)

Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1572 (15 December 2011)

Titshall v Qwerty Travel Ltd [2011] EWCA Civ 1569 (15 December 2011)

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd & Anor [2011] EWCA Civ 1570 (15 December 2011)

Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 (14 December 2011)

Court of Appeal (Criminal Division)

McDonald v R [2011] EWCA Crim 2933 (16 December 2011)

S & Anor v R. [2011] EWCA Crim 2872 (13 December 2011)

High Court (Administrative Court)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Ors (Costs) [2011] EWHC 3364 (Admin) (15 December 2011)

High Court (Chancery Division)

Francis v F Berndes Ltd & Ors [2011] EWHC 3377 (Ch) (15 December 2011)

Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) (14 December 2011)

High Court (Commercial Court)

PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)

Welven Ltd v Soar Group Ltd & Anor [2011] EWHC 3240 (Comm) (09 December 2011)

High Court (Family Division)

NG v SG (Appeal: Non-disclosure) [2011] EWHC 3270 (Fam) (09 December 2011)

High Court (Patents Court)

Sandvik Intellectual Property AB v Kennametal UK Ltd & Anor [2011] EWHC 3311 (Pat) (15 December 2011)

High Court (Queen’s Bench Division)

Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)

Doy v Gunn [2011] EWHC 3344 (QB) (15 December 2011)

Raab MP v Associated Newspapers Ltd [2011] EWHC 3375 (QB) (15 December 2011)

Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)

High Court (Technology and Construction Court)

ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2011 in legislation by tracey

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2011

The Investment Trust (Approved Company) (Tax) Regulations 2011

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2011

The Iran (Restrictive Measures) (Overseas Territories) Order 2011

The Belarus (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011

The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011

The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011

The Civil Procedure (Amendment No. 3) Rules 2011

The Wireless Telegraphy (Exemption) (Amendment) Regulations 2011

The Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011

The Renewable Transport Fuel Obligations (Amendment) Order 2011

The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011

Source: www.legislation.gov.uk

Tweet smell of success – Halsbury’s Law Exchange

Posted December 16th, 2011 in internet, media, news, reporting restrictions by tracey

“At last the courts move into the 21^st century! Yesterday, the Lord Chief Justice (LCJ) announced that tweeting from court could be carried out by journalists and legal commentators without them seeking advanced permission. Otherwise judges will decide who can and can’t tweet from a courtroom.”