Category: law reports

Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH – WLR Daily

Posted June 11th, 2012 in age discrimination, airlines, collective agreements, EC law, law reports by sally

Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11); [2012] WLR (D) 173

“A provision in a collective agreement applicable to a group of companies within the airline industry which only took into account experience acquired as a cabin crew member from the date of recruitment by a specific airline company for the purposes of grading in the employment categories provided for in that agreement did not constitute indirect discrimination within the meaning of article 2(2)(b) of Council Directive 2000/78/EC.”

WLR Daily, 7th June 2012

Source: www.iclr.co.uk

Regina v Majeed; Regina v Westfield – WLR Daily

Posted June 11th, 2012 in appeals, bribery, conspiracy, corruption, gambling, law reports, sport by sally

Regina v Majeed; Regina v Westfield [2012] EWCA Crim 1186; [2012] WLR (D) 172

“Where a sportsman corruptly accepted financial inducements to identify, in advance, occasions when during a match he would play in a specific, previously agreed, manner, the conduct of that sportsman, whose contract obliged him to refrain from doing anything that might damage the reputation of the club or board which employed him, was integral to the affairs and business of that club or board, who were therefore victims of such corrupt activities, even if the bribes were not intended to and did not influence the club or board in any way.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 7th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

A and B v Hampshire Constabulary [2012] EWHC 1517 (QB) (31 May 2012)

CXX v DXX [2012] EWHC 1535 (QB) (01 June 2012)

High Court (Family Division)

Revenue and Customs v Charman & Anor [2012] EWHC 1448 (Fam) (29 May 2012)

High Court (Technology and Construction Court)

Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC) (10 May 2012)

Source: www.bailii.org

Regina (KM) v Cambridgeshire County Council – WLR Daily

Posted June 7th, 2012 in disabled persons, law reports, local government, social services, Supreme Court by sally

Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171

“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land 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 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

“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

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

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

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 sally

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 sally

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 sally

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 sally

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 sally

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 sally

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 sally

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 sally

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