law reports – Page 173 – Current Awareness

“The definition of ‘existing transferee company’ in regulation 3(1) of the Companies (Cross-Border Mergers) Regulations 2007 was intended to do no more than to exclude from merger by absorption a transferee company formed for the purposes of, or in connection with, a merger by formation of a new company.”

WLR Daily, 28th June 2012

Source: www.iclr.co.uk

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by sally

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855; [2012] WLR (D) 186

“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”

WLR Daily, 27th June 2012

Source: www.iclr.co.uk

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted June 29th, 2012 in disclosure, evidence, foreign jurisdictions, law reports by sally

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs: [2012] EWHC 1737 (Admin); [2012] WLR (D) 185

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 26th June 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 28th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

S & Ors v R. [2012] EWCA Crim 1433 (28 June 2012)

Collis, R. v [2012] EWCA Crim 1335 (01 June 2012)

L, R. v [2012] EWCA Crim 1336 (01 June 2012)

Wroe, R. v [2012] EWCA Crim 1304 (25 May 2012)

Pengelly, R. v [2012] EWCA Crim 1291 (25 May 2012)

Yaman & Anor v R. [2012] EWCA Crim 1075 (18 May 2012)

Court of Appeal (Civil Division)

Ranson v Customer Systems Plc [2012] EWCA Civ 841 (27 June 2012)

Aziz v FDA (Formerly First Division Association) & Anor [2012] EWCA Civ 857 (14 June 2012)

High Court (Queen’s Bench)

TKA & Ors v XKA & Ors [2012] EWHC 1786 (QB) (27 June 2012)

Wilkin -Shaw v Fuller & Ors [2012] EWHC 1777 (QB) (28 June 2012)

High Court (Chancery Division)

ITAU BBA International Ltd, Re [2012] EWHC 1783 (Ch) (28 June 2012)

Dutta & Anor v Hayes [2012] EWHC 1727 (Ch) (31 May 2012)

High Court (Administrative Court)

Stopyra v District Court of Lublin, Poland [2012] EWHC 1787 (Admin) (28 June 2012)

Ruhul Anam, R (on the application of) v Secretary of State for the Home Department (No. 2) [2012] EWHC 1770 (Admin) (27 June 2012)

High Court (Patents Court)

Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner -Lambert Company LLC [2012] EWHC 1791 (Pat) (28 June 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 28th, 2012 in law reports by sally

Supreme Court

Fairclough Homes Ltd v Summers [2012] UKSC 26 (27 June 2012)

Oracle America Inc (Formerly Sun Microsystems Inc) v M- Tech Data Ltd [2012] UKSC 27 (27 June 2012)

Court of Appeal (Civil Division)

McKillen v Maybourne Finance Ltd & Anor [2012] EWCA Civ 864 (27 June 2012)

Yukos Capital SARL v OJSC Rosneft Oil Company [2012] EWCA Civ 855 (27 June 2012)

Hall v Harris & Ors [2012] EWCA Civ 840 (27 June 2012)

High Court (Queen’s Bench Division)

Metroline Travel Ltd & Ors v Unite the Union [2012] EWHC 1778 (QB) (27 June 2012)

High Court (Chancery Division)

Hussain v Salam [2012] EWHC 1760 (Ch) (26 June 2012)

High Court (Admiralty Division)

Fish & Fish Ltd v Sea Shepherd UK & Anor [2012] EWHC 1717 (Admlty) (25 June 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 27th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Saunders v R. [2012] EWCA Crim 1380 (26 June 2012)

High Court (Administrative Court)

Dudley Metropolitan Borough Council, R (on the application of) v Secretary of State for Communities and Local Government [2012] EWHC 1729 (Admin) (25 June 2012)

Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) (26 June 2012)

High Court (Family Division)

BCC v FZ & Ors [2012] EWHC 1154 (Fam) (03 April 2012)

High Court (Commercial Court)

Wuhan Guoyu Logistics Group Co Ltd & Ors v Emporiki Bank of Greece SA [2012] EWHC 1715 (Comm) (22 June 2012)

Source: www.bailii.org

Regina v Gangar and another – WLR Daily

Posted June 27th, 2012 in appeals, confiscation, fraud, law reports by sally

Regina v Gangar and another [2012] EWCA Crim 1378; [2012] WLR (D) 185

“At the available asset stage of confiscation proceedings involving more than one defendant, a defendant’s partial interest in property was realisable, but had to be limited to his beneficial interest rather than treated as an 100% interest.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Cox v Ergo Versicherung AG [2012] EWCA Civ 854 (25 June 2012)

High Court (Queen’s Bench Division)

Vallen International Limited v Lewis & Anor [2012] EWHC B5 (QB) (25 June 2012)

AXN & Ors v Worboys & Ors [2012] EWHC 1730 (QB) (25 June 2012)

The Manchester Ship Canal Company Ltd & Anor, R (on the application of) v Environment Agency [2012] EWHC 1643 (QB) (20 June 2012)

High Court (Chancery Division)

SMP Trustees Ltd, Re [2012] EWHC 1728 (Ch) (25 June 2012)

High Court (Administrative Court)

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

Source: www.bailii.org

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same – WLR Daily

Posted June 26th, 2012 in evidence, law reports, photography, police by sally

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182

“The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 25th, 2012 in law reports by sally

Court of Appeal (Civil Division)

F & C Alternative Investments (Holdings) Ltd & Ors v Barthelemy & Anor [2012] EWCA Civ 843 (22 June 2012)

High Court (Queen’s Bench Division)

Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor [2012] EWHC 1697 (QB) (22 June 2012)

High Court (Family Division)

A & S (Children) v Lancashire County Council [2012] EWHC 1689 (Fam) (21 June 2012)

High Court (Administrative Court)

RMC & Anor, R (on the application of) v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1681 (Admin) (22 June 2012)

C v Secretary of State for the Home Department [2012] EWHC 1543 (Admin) (22 June 2012)

United Arab Emirates v Amir [2012] EWHC 1711 (Admin) (22 June 2012)

United Arab Emirates v Allen [2012] EWHC 1712 (Admin) (22 June 2012)

Coatman & Anor, R (on the application of) v Council for Licensed Conveyancers [2012] EWHC 1648 (Admin) (22 June 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 22nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Draga [2012] EWCA Civ 842 (21 June 2012)

Giles v Tarry & Anor [2012] EWCA Civ 837 (21 June 2012)

Court of Appeal (Criminal Division)

I, R & T, R. v [2012] EWCA Crim 1288 (21 June 2012)

Gangar & Anor v R. [2012] EWCA Crim 1378 (21 June 2012)

High Court (Administrative Court)

Sullivan v The Government of the United States of America & Anor [2012] EWHC 1680 (Admin) (20 June 2012)

JP Morgan Chase Bank National Association & Ors v The Director of the Serious Fraud Office & Anor [2012] EWHC 1674 (Admin) (20 June 2012)

Nicolaou, R (on the application of) v Redbridge Magistrates’ Court & Anor [2012] EWHC 1647 (Admin) (20 June 2012)

High Court (Commercial Court)

Moloobhoy v Moloobhoy [2012] EWHC 1670 (Comm) (19 June 2012)

Source: www.bailii.org

VTB Capital Plc v Nutritek International Corp and others – WLR Daily

Posted June 22nd, 2012 in appeals, assets recovery, company law, conflict of laws, fraud, law reports by sally

VTB Capital Plc v Nutritek International Corp and others: [2012] EWCA Civ 808; [2012] WLR (D) 181

“There was no such thing in English law as a ‘remedial constructive contract’ and the courts had no jurisdiction to subject parties to contractual obligations under a contract to which neither they, not the only undisputed parties to the contract had ever agreed or intended they should be subject. The Court of Appeal was bound to uphold the principle that it was appropriate to pierce the corporate veil only where special circumstances existed indicating that it was only a façade concealing the true facts. The veil-piercing principle had been developed pragmatically for the purpose of providing a practical solution in particular factual circumstances and could not be invoked wherever it was necessary to do so in the interests of justice and no unconnected third party was involved.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Chartered Institute of Patent Attorneys v Registrar of Trade Marks – WLR Daily

Posted June 22nd, 2012 in EC law, law reports, patents by sally

Chartered Institute of Patent Attorneys v Registrar of Trade Marks: Case C-307/10; [2012] WLR (D) 180

“It was a requirement of Parliament and Council Directive 2008/95/EC on trade marks that the goods and services for which the protection of the trade mark was sought should be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that basis alone, to determine the extent of the protection conferred by the trade mark.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 21st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

I, R & T, R. v [2012] EWCA Crim 1288 (21 June 2012)

Court of Appeal (Civil Division)

Giles v Tarry & Anor [2012] EWCA Civ 837 (21 June 2012)

High Court (Chancery Division)

Paton & Anor v Todd [2012] EWHC 1696 (Ch) (21 June 2012)

Helmsley Acceptances Ltd v Ali & Anor [2012] EWHC 1591 (Ch) (14 June 2012)

Healthcare Management Services Ltd v Caremark Properties Ltd [2012] EWHC 1693 (Ch) (29 May 2012)

High Court (Administrative Court)

Lamari, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1630 (Admin) (18 June 2012)

High Court (Commercial Court)

Aveng (Africa) Ltd v Gabonese Republic & Anor [2012] EWHC 1687 (Comm) (18 June 2012)

Source: www.bailii.org

Carboex SA v Louis Dreyfus Commodities Suisse SA – WLR Daily

Posted June 21st, 2012 in appeals, charterparties, delay, industrial action, law reports by sally

Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838; [2012] WLR (D) 179

“The strike clause in a berth charter had the effect of transferring the liability for delay on discharging the cargo caused by strikes at the port from the charterer to the owner, whether the delay occurred at the quayside during cargo handling operations or while the vessel was at the port waiting to berth.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk