law reports – Page 164 – Current Awareness

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 6th, 2012 in law reports by sally

Court of Appeal (Civil Division)

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1420 (06 November 2012)

Child Maintenance and Enforcement Commission (CMEC) v Gibbons [2012] EWCA Civ 1379 (30 October 2012)

High Court (Queen’s Bench Division)

Jolly v Harsco Infrastructure Services Ltd [2012] EWHC 3086 (QB) (05 November 2012)

High Court (Chancery Division)

Bamford & Ors v Harvey & Anor [2012] EWHC 2858 (Ch) (18 October 2012)

High Court (Administrative Court)

Doherty v Westminster Magistrates’ Court [2012] EWHC 2990 (Admin) (17 October 2012)

High Court (Commercial Court)

Gemini (Eclipse 2006-3) Plc & Anor v Danske Bank AS & Anor [2012] EWHC 3103 (Comm) (05 November 2012)

Source: www.bailii.org

In re MF Global UK Ltd (in special administration); Heis and others v MF Global Inc – WLR Daily

Posted November 6th, 2012 in administrators, insolvency, law reports by sally

In re MF Global UK Ltd (in special administration); Heis and others v MF Global Inc [2012] EWHC 3068 (Ch); [2012] WLR (D) 304

“The appointment of an investment bank administrator under the Investment Bank Special Administration Regulations 2011 was not analogous to the appointment of a liquidator.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 5th, 2012 in law reports by sally

High Court (Chancery Division)

Neumans LLP (a firm) v Andronikou & Ors [2012] EWHC 3088 (Ch) (02 November 2012)

Starbucks (HK) Ltd & Ors v British Sky Broadcasting Group Plc & Ors [2012] EWHC 3074 (Ch) (02 November 2012)

High Court (Administrative Court)

Duthie v The Nursing and Midwifery Council [2012] EWHC 3021 (Admin) (31 October 2012)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3091 (Admin) (02 November 2012)

Krzeminsksi v District Court In Bydgoszcz, Poland [2012] EWHC 3072 (Admin) (02 November 2012)

Drew v Regional Court Kielce Poland [2012] EWHC 3073 (Admin) (02 November 2012)

High Court (Commercial Court)

Graiseley Properties Ltd & Ors v Barclays Bank Plc [2012] EWHC 3093 (Comm) (29 October 2012)

E-Nik Ltd v Department for Communities And Local Government [2012] EWHC 3027 (Comm) (02 November 2012)

High Court (Technology and Construction Court)

Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC) (01 November 2012)

Fairstar Heavy Transport NV v Adkins & Anor [2012] EWHC 2952 (TCC) (01 November 2012)

High Court (Patents Court)

Samsung Electronics Co Ltd v (Apple Retail UK Ltd [2012] EWHC 2277 (Pat) (30 July 2012)

Source: www.bailii.org

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, law reports, taxation, tribunals, VAT by sally

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Cairns v Modi; KC v MGN Ltd – WLR Daily

Posted November 2nd, 2012 in damages, defamation, internet, law reports, proportionality, race discrimination, sex discrimination by sally

Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302

“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 2nd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Kirtland R. v [2012] EWCA Crim 2127 (10 October 2012)

Pope v R. [2012] EWCA Crim 2241 (01 November 2012)

Cooper, Re Application for for leave to appeal [2012] EWCA Crim 2240 (01 November 2012)

Court of Appeal (Civil Division)

Procter & Gamble Company & Ors v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWCA Civ 1413 (01 November 2012)

Mir Steel UK Ltd v Morris & Ors [2012] EWCA Civ 1397 (01 November 2012)

High Court (Queen’s Bench Division)

Humber Oil Terminals Trustee Ltd., R (on the application of) v Marine Management Organisation [2012] EWHC 3058 (QB) (01 November 2012)

High Court (Chancery Division)

Heis & Ors (Administrators of MF Global UK Ltd.) v MF Global Inc [2012] EWHC 3068 (Ch) (01 November 2012)

High Court (Administrative Court)

Senior -Milne v Secretary of State for Justice [2012] EWHC 3062 (Admin) (30 October 2012)

High Court (Technology and Construction Court)

Harrison & Ors v Technical Sign Company Ltd [2012] EWHC 2887 (TCC) (15 October 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 3023 (Comm) (01 November 2012)

Source: www.bailii.org

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Posted November 1st, 2012 in appeals, detention, habeas corpus, jurisdiction, law reports, rendition, Supreme Court, terrorism, treaties by sally

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”

WLR Daily, 30th October 2012

Source: www.iclr.co.uk

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another – WLR Daily

Posted November 1st, 2012 in costs, law reports, part 36 offers by sally

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another [2012] EWHC 2839 (Ch); [2012] WLR (D) 299

“Although a monetary claim was the paradigm contemplated by CPR Pt 36, Part 36 was not confined to that. Rule 36.2(2)(c) did not mandate that the claimant had to seek costs and make payment of them a condition of his offer. The substance of the claim, and which of the parties was seeking to establish liability and which to oppose it, was one of the circumstances to be considered by the court in determining whether it would be unjust to make orders for indemnity costs and interest on costs for the purposes of rule 36.14(3).”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 1st, 2012 in law reports by sally

Supreme Court

Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah [2012] UKSC 48 (31 October 2012)

Prix v Secretary of State for Work and Pensions [2012] UKSC 49 (31 October 2012)

Court of Appeal (Criminal Division)

Williams v R. [2012] EWCA Crim 2162 (18 October 2012)

Court of Appeal (Civil Division)

Cairns v Modi [2012] EWCA Civ 1382 (31 October 2012)

Totel Ltd, R (On the Application Of) v The First-Tier Tribunal (Tax Chamber) & Anor [2012] EWCA Civ 1401 (31 October 2012)

G (A Child), Re [2012] EWCA Civ 1377 (31 October 2012)

Curati v Perdoni & Anor [2012] EWCA Civ 1381 (31 October 2012)

High Court (Chancery Division)

Ross River Ltd & Anor v Waverly Commercial Ltd & Anor [2012] EWHC 3006 (Ch) (09 October 2012)

High Court (Administrative Court)

Faniyi v Solicitors Regulation Authority [2012] EWHC 2965 (Admin) (26 October 2012)

J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) (26 October 2012)

High Court (Queen’s Bench Division)

Ismail & Anor v News Group Newspapers Ltd [2012] EWHC 3056 (QB) (31 October 2012)

Ali v Bashir & Anor [2012] EWHC 3007 (QB) (30 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Crocs Europe BV v Anderson & Anor (t/a Spectrum Agencies) [2012] EWCA Civ 1400 (30 October 2012)

McCarrick v Hunter [2012] EWCA Civ 1399 (30 October 2012)

Joyce v Epsom and Ewell Borough Council [2012] EWCA Civ 1398 (30 October 2012)

High Court (Queen’s Bench Division)

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 2958 (QB) (26 October 2012)

High Court (Chancery Division)

Oraki & Anor v Dean & Dean (a firm) & Anor [2012] EWHC 2885 (Ch) (23 October 2012)

Lawie v Lawie & Ors [2012] EWHC 2940 (Ch) (26 October 2012)

Taylor v Diamond [2012] EWHC 3008 (Ch) (29 October 2012)

High Court (Administrative Court)

Toufighy & Anor, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3004 (Admin) (30 October 2012)

Ali v London Borough of Newham [2012] EWHC 2970 (Admin) (30 October 2012)

High Court (Commercial Court)

Bominflot Bunkergesellschaft fur Mineralole mbH & Co v Petroplus Marketing AG [2012] EWHC 3009 (Comm) (30 October 2012)

High Court (Technology and Construction Court)

Denness & Anor v East Hampshire District Council [2012] EWHC 2951 (TCC) (30 October 2012)

Source: www.bailii.org

Bamford v Harvey and another – WLR Daily

Posted October 30th, 2012 in derivative claims, law reports, shareholders by sally

Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298

“‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. However. where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

A v A – WLR Daily

Posted October 30th, 2012 in appeals, child abduction, children, law reports, residence orders by sally

A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297

“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 30th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Dixon, R. v [2012] EWCA Crim 2163 (05 October 2012)

Ferriter, R. v [2012] EWCA Crim 2211 (03 October 2012)

Matthews, R. v [2012] EWCA Crim 2154 (27 September 2012)

Williamson, R. v [2012] EWCA Crim 2114 (02 August 2012)

Court of Appeal (Civil Division)

Whiston, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1374 (25 October 2012)

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 (25 October 2012)

Preston, R (on the application of) v The Lord President of the Council [2012] EWCA Civ 1378 (25 October 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)

Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383 (26 October 2012)

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)

ZA & Anor v NA [2012] EWCA Civ 1396 (26 October 2012)

Source: www.bailii.org

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10) – WLR Daily

Posted October 29th, 2012 in aircraft, carriage by air, compensation, delay, EC law, international law, law reports by sally

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk