law reports – Page 171 – Current Awareness

Leach v Office of Communications – WLR Daily

Posted July 18th, 2012 in appeals, child abuse, disclosure, employment, law reports, sexual offences, unfair dismissal by sally

Leach v Office of Communications: [2012] EWCA Civ 959; [2012] WLR (D) 205

“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Modhej & Anor, R (On the Applications) v Secretary of State for Justice [2012] EWCA Civ 957 (17 July 2012)

Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

AB, (A Child), Re [2012] EWCA Civ 978 (17 July 2012)

High Court (Chancery Division)

Red Bull GmbH v Sun Mark Ltd & Anor [2012] EWHC 1929 (Ch) (17 July 2012)

High Court (Administrative Court)

Roberts, R (on the application of) v The Commissioner of the Metropolitan Police [2012] EWHC 1977 (Admin) (17 July 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Iles v R. [2012] EWCA Crim 1610 (17 July 2012)

High Court (Queen’s Bench Division)

Crow v Johnson [2012] EWHC 1982 (QB) (16 July 2012)

High Court (Family Division)

G v G [2012] EWHC 1979 (Fam) (11 May 2012)

Source: www.bailii.org

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily

Posted July 16th, 2012 in EC law, freedom of movement, law reports, public interest, sale of goods by sally

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203

“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Compass-Datenbank GmbH v Republik Österreich – WLR Daily

Posted July 16th, 2012 in competition, EC law, law reports by sally

Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202

“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily

Posted July 16th, 2012 in law reports, listed buildings, planning, Supreme Court by sally

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200

“The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Regina v A (B) – WLR Daily

Posted July 16th, 2012 in appeals, evidence, law reports, married persons, threatening to destroy or damage property, witnesses by sally

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cruikshank, R. v [2012] EWCA Crim 1519 (03 July 2012)

Court of Appeal (Civil Division)

Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK) [2012] EWCA Civ 943 (11 July 2012)

Leach v The Office of Communications (OFCOM) [2012] EWCA Civ 959 (13 July 2012)

SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940 (13 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (13 July 2012)

Adedoyin v Secretary of State for the Home Department [2012] EWCA Civ 939 (13 July 2012)

Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960 (13 July 2012)

High Court (Queen’s Bench Division)

Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)

Barnes v Black Horse Ltd [2012] EWHC 1950 (QB) (14 June 2012)

High Court (Family Division)

B v B [2012] EWHC 1924 (Fam) (13 July 2012)

High Court (Administrative Court)

Ali & Anor, R (on the application of) v Minister for the Cabinet Office the Statistics Board [2012] EWHC 1943 (Admin) (13 July 2012)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2012] EWHC 1909 (Admin) (13 July 2012)

Hussain, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1952 (Admin) (13 July 2012)

High Court (Technology and Construction Court)

Squibb Group Ltd v Vertase FLI Ltd [2012] EWHC 1958 (TCC) (10 July 2012)

Beck Interiors Ltd v Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC) (12 July 2012)

J B Leadbitter & Co Ltd v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC) (17 April 2012)

High Court (Patents Court)

Schenck Rotec GmbH v Universal Balancing Limited [2012] EWHC 1920 (Pat) (12 July 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 13th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Nicholson v R. [2012] EWCA Crim 1568 (12 July 2012)

Suleman v R. [2012] EWCA Crim 1569 (12 July 2012)

Court of Appeal (Civil Division)

JGE v The Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938 (12 July 2012)

Preece v Edwards [2012] EWCA Civ 902 (12 July 2012)

Crossland v University of Glamorgan [2012] EWCA Civ 937 (12 July 2012)

High Court (Queen’s Bench Division)

Park Promotion Ltd (t/a Pontypool Rugby Football Club) v The Welsh Rugby Union Ltd [2012] EWHC 1919 (QB) (11 July 2012)

EWQ v GFD [2012] EWHC 1907 (QB) (12 July 2012)

High Court (Commercial Court)

Cherney v Deripaska [2012] EWHC 1781 (Comm) (12 July 2012)

Antonio Gramsci Shipping Corp & Ors v Recoletos Ltd & Ors [2012] EWHC 1887 (Comm) (12 July 2012)

High Court (Technology and Construction Court)

Beck Interiors Ltd v UK Flooring Contrcators Ltd [2012] EWHC 1808 (TCC) (04 July 2012)

Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 1773 (TCC) (11 July 2012)

Source: www.bailii.org

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry – WLR Daily

Posted July 12th, 2012 in disqualification, fraud, law reports, liquidators, winding up by sally

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry [2012] EWHC 1899 (Ch); [2012] WLR (D) 198

“The court would not exercise its discretion under section 4(1)(b) of the Company Directors Disqualification Act 1986 to make a disqualification order against a liquidator who had been guilty of any fraud in relation to the company or of any breach of his duty as such liquidator unless serious misconduct had been established. Where a liquidator applied pursuant to section 16(2) of the Act for a disqualification order under section 4 it was not a prerequisite that the liquidator should have a financial interest in the order being made.”

WLR Daily, 10th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 12th, 2012 in law reports by sally

Supreme Court

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor[2012] UKSC 31 (11 July 2012)

ANS & Anor v ML [2012] UKSC 30 (11 July 2012)

Court of Appeal (Criminal Division)

BA, R v [2012] EWCA Crim 1529 (11 July 2012)

Court of Appeal (Civil Division)

Keay & Anor v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 (11 July 2012)

Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

BA & Ors v Secretary of State for the Home Department [2012] EWCA Civ 944 (11 July 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945 (11 July 2012)

Schofield v HM Revenue and Customs [2012] EWCA Civ 927 (11 July 2012)

Waite v Paccar Financial Plc [2012] EWCA civ 901 (10 July 2012)

High Court (Family Division)

W v H [2012] EWHC 1103 (Fam) (02 May 2012)

C, Re [2012] EWHC 907 (Fam) (22 March 2012)

High Court (Administrative Court)

Harrow Community Support Ltd v The Secretary of State for Defence [2012] EWHC 1921 (Admin) (10 July 2012)

Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

Waghorn v Care Quality Commission [2012] EWHC 1816 (Admin) (11 July 2012)

High Court (Commercial Court)

Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co) & Ors [2012] EWHC 1888 (Comm) (11 July 2012)

High Court (Patents Court)

Generics [uk] Ltd (t/a Mylan) v Yeda Research and Development Co Ltd & Anor [2012] EWHC 1848 (Pat) (11 July 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 11th, 2012 in law reports by sally

High Court (Administrative Court)

MK & Anor v Secretary of State for the Home Department & Anor [2012] EWHC 1896 (Admin) (10 July 2012)

High Court (Chancery Division)

Wood & Anor v Mistry [2012] EWHC 1899 (Ch) (10 July 2012)

BXL Services, Re [2012] EWHC 1877 (Ch) (10 July 2012)

JSC BTA Bank v Solodchenko & Ors [2012] EWHC 1891 (Ch) (10 July 2012)

Stevens v Hamed [2012] EWHC 1871 (Ch) (6 July 2012)

High Court (Queen’s Bench Division) Decisions

Platform Funding Ltd v Anderson & Associates Ltd [2012] EWHC 1853 (QB) (10 July 2012)

Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) (09 July 2012)

Source: www.bailii.org.uk

Regina v Bewley – WLR Daily

Posted July 10th, 2012 in appeals, firearms, law reports, weapons by sally

Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197

“A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.”

WLR Daily, 6th July 2012

Source: www.iclr.co.uk

Regina v Aldridge; Regina v Eaton – WLR Daily

Posted July 10th, 2012 in appeals, law reports, sentencing, sexual offences prevention orders by sally

Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196

“Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. That decision had not been decided per incuriam and was binding. When deciding these appeals the court had been sitting in the Court of Appeal, Criminal Division, rather than the Court of Appeal, Civil Division.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 10th, 2012 in law reports by sally

High Court (Chancery Division)

Pressdram Ltd v Whyte [2012] EWHC 1885 (Ch) (30 May 2012)

High Court (Administrative Court)

London Borough of Islington v Secretary of State for Communities and Local Government & Ors [2012] EWHC 1716 (Admin) (27 June 2012)

High Court (Commercial Court)

Tael One Partners Ltd v Morgan Stanley & Co International Plc [2012] EWHC 1858 (Comm) (09 July 2012)

High Court (Patents Court)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWHC 1882 (Pat) (09 July 2012)

Source: www.bailii.org

Content Services Ltd v Bundesarbeitskammer – WLR Daily

Posted July 9th, 2012 in consumer protection, contracts, EC law, internet, law reports by sally

Content Services Ltd v Bundesarbeitskammer (Case C-49/11); [2012] WLR (D) 195

“Article 5(1) of Parliament and Council Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts meant that a business practice which made the information referred to in that provision accessible to the consumer only via a hyperlink on a website did not meet the requirements of the Directive, since that information was neither ‘given’ by that undertaking nor ‘received’ by the consumer and was not a ‘durable medium’.”

WLR Daily, 5th July 2012

Source: www.iclr.co.uk

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others – WLR Daily

Posted July 9th, 2012 in EC law, law reports, sick leave, working time by sally

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11); [2012] WLR (D) 194

“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk