Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

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.

Does the jury system still work? – The Times

Posted June 30th, 2009 in jurisdiction, news by sally

“Jurors often hear cases that involve harrowing or increasingly complex evidence, yet they are prevented by law from asking for help or raising concerns. Is it time for change?”

Full story

The Times, 30th June 2009

Source: www.timesonline.co.uk

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another – WLR Daily

Posted June 30th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another [2009] EWCA Civ 632; [2009] WLR (D) 211

“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”

WLR Daily, 29th June 2009

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.

Commercial interpretation identifies prevailing jurisdiction clause, rules Court of Appeal – OUT-LAW.com

Posted June 30th, 2009 in interpretation, jurisdiction, misrepresentation, news by sally

“One jurisdiction clause in one of hundreds of pages of documents cannot govern the whole agreement because no company acting in a normal commercial way would think that it would, the Court of Appeal has said.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

Regina v Hughes (James) – WLR Daily

Posted May 21st, 2009 in appeals, jurisdiction, law reports, sentencing by sally

Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160

“The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General’s reference, but his right of appeal still remained extant and unexercised under the section.”

WLR Daily, 20th May 2009

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.

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – Times Law Reports

Posted May 13th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece

Queen’s Bench Divisional Court

“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”

The Times, 13th May 2009

Source: www.timesonline.co.uk

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – WLR Daily

Posted May 8th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146

The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”

WLR Daily, 6th May 2009

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.

Apostolides v Orams and Another – Times Law Reports

Posted May 1st, 2009 in EC law, enforcement, judgments, jurisdiction, law reports by sally

Apostolides v Orams and Another

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

Source: www.timesonline.co.uk

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Posted April 16th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and Another v XL Insurance Co Ltd

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

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.

Proceedings brought by A (Case C-523/07) – WLR Daily

Posted April 7th, 2009 in children, EC law, jurisdiction, law reports, parental responsibility by sally

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”

WLR Daily, 6th April 2009

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.

Youell and Others v La Reunion Aerienne – Times Law Reports

Posted March 27th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell and Others v La Reunion Aerienne

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th March 2009

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.

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Source: www.lawreports.co.uk

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

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

Posted March 19th, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 2009

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.

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 2009

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.

 

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm) – Times Law Reports

Posted March 10th, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

Angel Solicitors (a Firm) v Jenkins O’Dowd & Barth (a Firm)

Chancery Division

“Where solicitors were in breach of their undertakings to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry as to the loss suffered by the addressee of the undertakings as the result of their breach.”

The Times, 10th March 2009

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.

In re B (Minors) (Contact Order: Enforcement) – WLR Daily

Posted March 3rd, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”

WLR Daily, 2nd March 2009

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.

 

 

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

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.

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

Full story

The Times, 11th February 2009

Source: www.timesonline.co.uk

Diggins v Condor Marine Crewing Services Ltd – WLR Daily

Posted February 9th, 2009 in employment tribunals, jurisdiction, law reports, ships, unfair dismissal by sally

Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37

“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”

WLR Daily, 6th February 2009

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.