law reports – Page 166 – Current Awareness

“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”

WLR Daily, 17th August 2012

Source: www.iclr.co.uk

Regina (T) v Merton London Borough Council – WLR Daily

Posted August 31st, 2012 in carers, guardianship, judicial review, law reports, local government, social services by sally

Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin); [2012] WLR (D) 256

“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 30th, 2012 in law reports by sally

High Court (Administrative Court)

TS v London Borough of Croydon [2012] EWHC 2389 (Admin) (29 August 2012)

High Court (Chancery Division)

Sparkasse Hilden Ratingen Velbert v Benk & Anor [2012] EWHC 2432 (Ch) (29 August 2012)

Source: www.bailii.org

Cartwright and another v Registrar of Companies – WLR Daily

Posted August 30th, 2012 in administration orders, appeals, conversion, insolvency, law reports, notification by sally

Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159; [2012] WLR (D) 255

“The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the Insolvency Act 1986 as inserted. The administrators’ term of office was in general automatically extended if a conversion notice under paragraph 83 was duly filed.”

WLR Daily, 24th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 29th, 2012 in law reports by sally

High Court (Administrative Court)

Turner v Government of the USA [2012] EWHC 2426 (Admin) (28 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 28th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors [2012] EWCA Civ 1166 (24 August 2012)

Cartwright & Anor v The Registrar of Companies [2012] EWCA Civ 1159 (24 August 2012)

High Court (Administrative Court)

Eaton v Natural England & Anor [2012] EWHC 2401 (Admin) (23 August 2012)

Source: www.bailii.org

Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening) – WLR Daily

Posted August 28th, 2012 in charities, gambling, health, law reports, licensing by sally

Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening): [2012] EWHC 2391 (Admin); [2012] WLR (D) 253

“Societies were not precluded from being ‘non-commercial’ and eligible for the grant of lottery operating licences under section 98 of the Gambling Act 2005, as being established or conducted for the purpose of ‘private gain’ within the meaning of section 19 of the 2005 Act, on account of the lottery scheme having been proposed by the company appointed to act as their external lottery manager with a view in part to its making a profit from so doing. Their having the same directors and employing the same external lottery manager did not require aggregation of the proceeds of the lotteries for the purposes of section 99 of the 2005 Act.”

WLR Daily, 22nd August 2012

Source: www.iclr.co.uk

In re L (A Child) (Recognition of Foreign Order) – WLR Daily

Posted August 28th, 2012 in appeals, children, conflict of laws, jurisdiction, law reports, parental rights, residence orders by sally

In re L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157; [2012] WLR (D) 252

“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”

WLR Daily, 21st August 2012

Source: www.iclr.co.uk

Krolik and others v Polish Judicial Authorities – WLR Daily

Posted August 28th, 2012 in appeals, evidence, extradition, human rights, law reports, prisons by sally

Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin); [2012] WLR (D) 254

“In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against orders for extradition to Poland under European arrest warrants where the sole issue was whether extradition would constitute a breach of article 3 of the Convention by reason of prison conditions in that state.”

WLR Daily, 17th August 2012

Source: www.iclr.co.uk

Link Financial Ltd v Jones – WLR Daily

Posted August 24th, 2012 in assignment, consumer credit, debts, law reports by sally

Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251

“A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.”

WLR Daily, 22nd August 2012

Source: www.iclr.co.uk

Media Protection Services Ltd v Crawford and another – WLR Daily

Posted August 24th, 2012 in company directors, copyright, informations, law reports, magistrates, solicitors by sally

Media Protection Services Ltd v Crawford and another [2012] EWHC 2373 (Admin); [2012] WLR (D) 250

“The laying of an information by a director of a private limited company, acting for reward on behalf of a client in the course of its business, constituted acting as a solicitor within the meaning and in breach of section 20 of the Solicitors Act 1974 and carrying on a reserved legal activity, namely the conduct of litigation, contrary to the Legal Services Act 2007, with the result that the proceedings were void.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

Dülger v Wetteraukreis – WLR Daily

Posted August 24th, 2012 in divorce, EC law, freedom of movement, law reports, married persons by sally

Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249

“The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.”

WLR Daily, 19th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 24th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2012] EWCA Civ 1158 (23 August 2012)

L (A Child), Re [2012] EWCA Civ 1157 (21 August 2012)

High Court (Chancery Division)

Scott v Scott [2012] EWHC 2397 (Ch) (23 August 2012)

Lavin & Ors v Swindell [2012] EWHC 2398 (Ch) (23 August 2012)

Source: www.bailii.org

Muslim man’s right-to-life court case adjourned until October – BBC News

Posted August 24th, 2012 in euthanasia, Islam, law reports, medical treatment by sally

“A Muslim man’s right-to-live court battle has been adjourned until October after claims he is no longer in a persistent vegetative state.”

Full story

BBC News, 23rd August 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2012 in law reports by sally

Supreme Court

SerVaas Incorporated v Rafidian Bank & Ors [2012] UKSC 40 (17 August 2012)

High Court (Queen’s Bench Division)

Davis & Anor v West Sussex County Council [2012] EWHC 2152 (QB) (22 August 2012)

Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012)

High Court (Chancery Division)

Hughes v Weiss Re Iuvus Ltd [2012] EWHC 2363 (Ch) (15 August 2012)

High Court (Administrative Court)

Camelot UK Lotteries Ltd, R (on the application of) v The Gambling Commission & Ors [2012] EWHC 2391 (Admin) (22 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 21st, 2012 in law reports by sally

High Court (Family Division)

R v R [2012] EWHC 2390 (Fam) (13 August 2012)

High Court (Administrative Court)

Glowacki v Regional Court in Ostroleka Poland [2012] EWHC 2305 (Admin) (25 July 2012)

Jones v Government of United States [2012] EWHC 2332 (Admin) (25 July 2012)

Media Protection Services Ltd v Crawford & Anor [2012] EWHC 2373 (Admin) (16 August 2012)

Krolik & Ors v Several Judicial Authorities of Poland [2012] EWHC 2357 (Admin) (17 August 2012)

Source: www.bailii.org

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk