law reports – Page 169 – Current Awareness

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Posted June 7th, 2012 in appeals, confidentiality, employment, injunctions, law reports, patent attorneys by sally

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 6th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Penfold v R [2012] EWCA Crim 1222 (01 June 2012)

Gilbert v R [2012] EWCA Crim 1221 (01 June 2012)

Saunders v R [2012] EWCA Crim 1185 (01 June 2012)

Sandhu v R [2012] EWCA Crim 1187 (01 June 2012)

Clark & Anor v R [2012] EWCA Crim 1220 (01 June 2012)

Court of Appeal (Civil Division)

B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

High Court (Queen’s Bench Division)

Bento v The Chief Constable of Bedfordshire Police [2012] EWHC 1525 (QB) (01 June 2012)

Essa, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWHC 1533 (QB) (01 June 2012)

CEF Holdings Ltd & Anor v City Electrical Factors Ltd & Ors [2012] EWHC 1524 (QB) (01 June 2012)

High Court (Chancery Division)

Weavering Capital (UK) Ltd & Anor v Peterson & Ors [2012] EWHC 1480 (Ch) (30 May 2012)

High Court (Family Division)

Dukali v Lamrani [2012] EWHC 1748 (Fam) (15 March 2012)

High Court (Administrative Court)

Shanks & Ors (t/a Blue Line Taxis), R (on the application of) v The Council of the County of Northumberland [2012] EWHC 1539 (Admin) (01 June 2012)

Balakoohi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1439 (Admin) (01 June 2012)

The Law Society v Waddingham & Ors [2012] EWHC 1519 (Admin) (01 June 2012)

Siwak, R (on the application of) v London Borough of Newham [2012] EWHC 1520 (Admin) (01 June 2012)

High Court (Commercial Court)

Latvian Shipping Compay v The Russian People’s Insurance Company (Rosno) Open Ended Joint Stock Company [2012] EWHC 1412 (Comm) (01 June 2012)

High Court (Technology and Construction Court)

WW Gear Construction Ltd v McGee Group Ltd [2012] EWHC 1509 (TCC) (01 June 2012)

Source: www.bailii.org

Cathie and another v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted June 6th, 2012 in appeals, company directors, disqualification, law reports, national insurance by sally

Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168

“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”

WLR Daily, 1st June 2012

Source: www.iclr.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Posted June 6th, 2012 in confidentiality, employment, injunctions, intellectual property, law reports, patent attorneys by sally

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Samsung Electronics (UK) Ltd v Apple Inc – WLR Daily

Posted June 6th, 2012 in EC law, law reports, stay of proceedings, trade marks by tracey

Samsung Electronics (UK) Ltd v Apple Inc: [2012] EWCA Civ 729; [2012] WLR (D) 166

“Where the proprietor of a registered Community design, the validity of which was already in issue in proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) or another Community design court, brought a counterclaim alleging infringement of the design against a claimant who had issued a claim in a Community design court seeking a declaration of non-infringement, the stay of proceedings required by article 91(1) of the Community Design Regulation was a stay of the counterclaim, not the claim.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 1st, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Thomas v Jeffery & Ors [2012] EWCA Civ 693 (31 May 2012)

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736 (31 May 2012)

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Anor [2012] EWCA Civ 726 (31 May 2012)

Patel & Ors v MRD Property Developments Ltd [2012] EWCA Civ 727 (31 May 2012)

Court of Appeal (Criminal Division)

Majeed v R. [2012] EWCA Crim 1186 (31 May 2012)

High Court( Administrative Court)

O’ Leary International Ltd v North Wales Police [2012] EWHC 1516 (Admin) (31 May 2012)

Afzal v Secretary of State for the Home Department [2012] EWHC 1487 (Admin) (31 May 2012)

Merseyside Police v Owens [2012] EWHC 1515 (Admin) (31 May 2012)

High Court (Commercial Court)

Elafonissos Fishing and Shipping Company v Aigaion Insurance Company SA [2012] EWHC 1512 (Comm) (31 May 2012)

High Court (Family Division)

DS & Ors (Children) [2012] EWHC 1442 (Fam) (31 May 2012)

High Court (Queen’s Bench Division)

Friends of Burbage School Ltd. v Woodhams [2012] EWHC 1511 (QB) (31 May 2012)

Croft (A Child) v Heart of England NHS Foundation Trust [2012] EWHC 1470 (QB) (31 May 2012)

Source: www.bailii.org

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same – WLR Daily

Posted June 1st, 2012 in appeals, civil procedure rules, costs, immigration, law reports by tracey

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same: [2012] EWCA Civ 710; [2012] WLR (D) 16

“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 31st, 2012 in law reports by tracey

Supreme Court

Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012)

Court of Appeal (Civil Division)

Q- Park Ltd. & Ors v HX Investments Ltd [2012] EWCA Civ 708 (31 May 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 729 (30 May 2012)

De Brito & Anor v Secretary of State for the Home Department [2012] EWCA Civ 709 (30 May 2012)

QEB Metallics Ltd v Peerzada & Ors [2012] EWCA Civ 728 (30 May 2012)

AL (Albania) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 710 (30 May 2012)

HM Revenue and Customs v Forde and McHugh Ltd [2012] EWCA Civ 692 (30 May 2012)

High Court (Administrative Court)

Bryant v Solicitors Regulation Authority [2012] EWHC 1475 (Admin) (30 May 2012)

Lepage, R (on the application of) v HM Assistant Deputy Coroner for Inner South London & Ors [2012] EWHC 1485 (Admin) (30 May 2012)

Gibson, R (on the application of) v Waverley Borough Council & Anor [2012] EWHC 1472 (Admin) (30 May 2012)

Patel & Ors, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Ors [2012] EWHC 1416 (Admin) (30 May 2012)

Herrmann & Anor v Withers LLP [2012] EWHC 1492 (Ch) (30 May 2012)

Catt v The Commissioner of Police of the Metropolis [2012] EWHC 1471 (Admin) (30 May 2012)

High Court (Chancery Division)

Urenco UK Ltd.v Urenco UK Pension Trustee Company Ltd & Anor [2012] EWHC 1495 (Ch) (31 May 2012)

High Court (Commercial Court)

Fortress Value Recovery Fund I LLP & Ors v Blue Skye Special Opportunities Fund LP (A Firm) & Ors [2012] EWHC 1486 (Comm) (30 May 2012)

High Court (Queen’s Bench Division)

WXY v Gewanter & Anor [2012] EWHC 1490 (QB) (30 May 2012)

WXY v Gewanter & Anor [2012] EWHC 1491 (QB) (30 May 2012)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2012] EWHC 1468 (QB) (30 May 2012)

Thour v The Royal Free Hampstead NHS Trust [2012] EWHC 1473 (QB) (29 May 2012)

Source: www.bailii.org

Revenue and Customs Commissioners v Charman – WLR Daily

Posted May 31st, 2012 in disclosure, documents, law reports, public interest, taxation by tracey

Revenue and Customs Commissioners v Charman: [2012] EWHC 1448 (Fam); [2012] WLR (D) 165

“As a general rule documents and other evidence produced in ancillary relief proceedings were not disclosable to third parties outside the proceedings save in an exceptional case and for very good reason, unless the court gave leave. The fact that evidence might be relevant or useful was not of itself a good enough reason to undermine that rule.”

WLR Daily, 29th May 2012

Source: www.iclr.co.uk

Cavenagh v William Evans Ltd – WLR Daily

Posted May 31st, 2012 in appeals, company directors, contract of employment, law reports, remuneration by tracey

Cavenagh v William Evans Ltd: [2012] EWCA Civ 697; [2012] WLR (D) 164

“Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. The employer could not later avoid payment on the basis that the employee had committed a gross misconduct prior to the date of the dismissal which the employer had discovered after the date of the dismissal.”

WLR Daily, 24th May 2012

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening) – WLR Daily

Posted May 31st, 2012 in insolvency, law reports, sport by tracey

Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening): [2012] EWHC 1372 (Ch); [2012] WLR (D) 163

“The ‘football creditor rule’ under which football creditors, such as the club’s players and managers, were paid in full in priority to other creditors did not offend either the pari passu principle or the anti-deprivation rule.”

WLR Daily, 25th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 30th, 2012 in law reports by tracey

High Court (Chancery Division)

Inversiones Frieira SL & Anor v Colyzeo Investors II LP & Anor [2012] EWHC 1450 (Ch) (29 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 29th, 2012 in law reports by tracey

High Court (Administrative Court)

Sea & Land Power & Energy Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 1419 (Admin) (29 May 2012)

Bakhsh, R (on the application of) v Northumberland Tyne & Wear NHS Foundation Trust [2012] EWHC 1445 (Admin) (28 May 2012)

Sreedharan, R (on the application of) v HM Coroner for the County of Greater Manchester (Manchester City District) [2012] EWHC 1386 (Admin) (28 May 2012)

High Court (Chancery Division)

Olympic Airlines SA Pension and Life Assurance Scheme v Olympic Airlines SA [2012] EWHC 1413 (Ch) (29 May 2012)

High Court (Commercial Court)

Westwood Shipping Lines Inc & Anor v Universal Schifffahrtsgesellschaft MBH [2012] EWHC 1394 (Comm) (25 May 2012)

High Court (Technology and Construction Court)

Merit Process Engineering Ltd v Balfour Beatty Engineering Services (HY) Ltd [2012] EWHC 1376 (TCC) (28 May 2012)

Source: www.bailii.org

Freetown Ltd v Assethold Ltd – WLR Daily

Posted May 28th, 2012 in appeals, law reports, party walls, service, surveyors, time limits by sally

Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162

“Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.”

WLR Daily, 21st May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 28th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

O’Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)

Lewis v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1391 (QB) (25 May 2012)

High Court (Chancery Division)

HM Revenue and Customs v The Football League Ltd & Anor [2012] EWHC 1372 (Ch) (25 May 2012)

High Court (Administrative Court)

Shanmuganathan, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1293 (Admin) (18 May 2012)

C, R (on the application of) v Financial Services Authority (FSA) [2012] EWHC 1417 (Admin) (25 May 2012)

Banner Homes Central Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 1431 (Admin) (09 May 2012)

High Court (Commercial Court)

Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2012] EWHC 1406 (Comm) (25 May 2012)

The Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2012] EWHC 1278 (Comm) (24 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 25th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Greene King Plc v Quisine Restaurants Ltd & Anor [2012] EWCA Civ 698 (24 May 2012)

Hinchcliffe & Anor v Smith & Ors [2012] EWCA Civ 696 (24 May 2012)

Ingosstrakh -Investments v BNP Paribas SA [2012] EWCA Civ 644 (24 May 2012)

Cavenagh v William Evans Ltd [2012] EWCA Civ 697 (24 May 2012)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2012] EWHC 1366 (Admin) (24 May 2012)

High Court (Chancery Division)

Maloney v Filtons Ltd & Anor [2012] EWHC 1395 (Ch) (24 May 2012)

High Court (Queen’s Bench Division)

Trimingham v Associated Newspapers Ltd [2012] EWHC 1296 (QB) (24 May 2012)

Source: www.bailii.org

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily

Posted May 25th, 2012 in corporation tax, EC law, law reports, limitations, restitution by tracey

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs): [2012] UKSC 19; [2012] WLR (D) 161

“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Attorney General’s Reference (Nos 11 and 12 of 2012) – WLR daily

Posted May 25th, 2012 in child abuse, law reports, rape, sentencing by tracey

Attorney General’s Reference (Nos 11 and 12 of 2012): [2012] EWCA Crim 1119; [2012] WLR (D) 160

“When sentencing for rape of a person under 13, under section 5 of the Sexual Offences Act 2003, the judge in assessing seriousness had to analyse the circumstances of the offence and consider the deterrent element in sentencing for sexual offences committed against young children, taking into account the fact that exploitative behaviour might be as serious as submission obtained by force, the ages of the offender and victim, and the starting point for such consideration was on page 25 of the Sentencing Guidelines Council guideline Sexual Offences Act 2003 (2007).”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk