O(B) v Director of the Serious Fraud Office – WLR Daily

O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901;  [2012] WLR (D)  133

“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by sally

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

SAS Institute Inc v World Programming Ltd – WLR Daily

Posted May 4th, 2012 in computer programs, copyright, EC law, law reports by sally

SAS Institute Inc v World Programming Ltd: (Case C-406/10);  [2012] WLR (D)  131

“The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such, were not protected by copyright in computer programs for the purposes of that Directive.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 3rd, 2012 in law reports by sally

Supreme Court

Petroleo Brasileiro SA v ENE Kos 1 Ltd [2012] UKSC 17 (2 May 2012)

Court of Appeal (Civil Division)

OB v The Director of the Serious Fraud Office [2012] EWCA Civ 501 (02 May 2012)

ConvaTec Ltd & Ors v Smith & Nephew Healthcare Ltd & Ors [2012] EWCA Civ 520 (02 May 2012)

Kizhakudan v Secretary of State for Home Department [2012] EWCA Civ 566 (02 May 2012)

Birmingham City Council v Akhtar & Ors [2012] EWCA Civ 585 (02 May 2012)

High Court (Queen’s Bench Division)

Qema v News Group Newspapers Ltd [2012] EWHC 1146 (QB) (02 May 2012)

High Court (Chancery Division)

Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors [2012] EWHC 1152 (Ch) (02 May 2012)

Philippe & Ors v Cameron & Ors [2012] EWHC 1040 (Ch) (02 May 2012)

High Court (Family Division)

WF v HF [2012] EWHC 438 (Fam) (05 March 2012)

London Borough of Islington v Al- Alas & Anor [2012] EWHC 865 (Fam) (19 April 2012)

SJ v JJ & Anor [2012] EWHC 931 (Fam) (02 March 2012)

LSdC (A Child) , Re [2012] EWHC 983 (Fam) (24 April 2012)

High Court (Commercial Court)

Kingspan Environmental Ltd & Ors v Borealis A/s & Anor [2012] EWHC 1147 (Comm) (01 May 2012)

Source: www.bailii.org

Philippe and others v Cameron and others – WLR Daily

Posted May 3rd, 2012 in charities, law reports, trusts by sally

Philippe and others v Cameron and others [2012] EWHC 1040 (Ch); [2012] WLR (D) 130

“The purpose of section 2(2) of the Charitable Trusts (Validation) Act 1954 was to prevent the Act being applied where an imperfect trust provision had already been recognised to be invalid and the invalidity acted upon.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Regina v Mian – WLR Daily

Posted May 3rd, 2012 in appeals, law reports, no case to answer, time limits by sally

Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129

“In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Regina (Berky) v Newport City Council – WLR Daily

Posted May 3rd, 2012 in appeals, delay, judicial review, law reports, local government by sally

Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128

“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”

WLR Daily, 29th April 2012

Source: www.iclr.co.uk

DR v NCB – Nordisk Copyright Bureau – WLR Daily

Posted May 3rd, 2012 in copyright, EC law, law reports, third parties by sally

DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127

“The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if that third party acted on their behalf or if they were under the responsibility of the broadcaster.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 2nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

JSC BTA Bank v Granton Trade Ltd & Ors [2012] EWCA Civ 564 (01 May 2012)

AA (Somalia) v Entry Clearance Officer – Addis Ababa [2012] EWCA Civ 563 (01 May 2012)

Peart v Secretary of State for the Home Department [2012] EWCA Civ 568 (01 May 2012)

Cawdery Kaye Fireman & Taylor v Minkin [2012] EWCA Civ 546 (01 May 2012)

High Court (Chancery Division)

Rai & Ors v The Charity Commission for England and Wales [2012] EWHC 1111 (Ch) (01 May 2012)

High Court (Administrative Court)

Brzeski v Regional Court In Gdansk Poland [2012] EWHC 1138 (Admin) (01 May 2012)

Razzoqi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1126 (Admin) (30 April 2012)

Source: www.bailii.org

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same – WLR Daily

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same [2012] EWHC 1115 (Admin); [2012] WLR (D) 126

“The decision of the Commissioner of the Police of the Metropolis to issue and serve warning notices to those who had been accused of harassment or stalking by means of a Prevention of Harassment Letter or a Police Information Notice, and the retention of the documents or the underlying allegations in police records thereafter, could not give rise to any infringement of the subject’s rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or under the terms of the Data Protection Act 1998 and the associated principles.”

WLR Daily, 27th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 30th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clark, R v [2012] EWCA Crim 696 (8 March 2012)

Ibrahim, R v [2012] EWCA Crim 837 (27 April 2012)

King & Ors v R [2012] EWCA Crim 805 (27 April 2012)

Flisher & Ors v R [2012] EWCA Crim 794 (27 April 2012)

Court of Appeal (Civil Division)

Barbudev v Eurocom Cable Management Bulgaria Eood & Ors [2012] EWCA Civ 548 (27 April 2012)

AE, R (on the application of) v London Borough of Croydon [2012] EWCA Civ 547 (27 April 2012)

High Court (Queen’s Bench Division)

WXY v Gewanter & Ors [2012] EWHC 1071 (QB) (27 April 2012)

High Court (Chancery Division)

Iles v Iles [2012] EWHC 919 (Ch) (27 April 2012)

Lehman Brothers International (Europe) v Lehman Brothers Finance SA [2012] EWHC 1072 (Ch) (27 April 2012)

High Court (Administrative Court)

M, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1112 (Admin) (27 April 2012)

T, R (on the application of) v The Commissioner of Police for the Metropolis [2012] EWHC 1115 (Admin) (27 April 2012)

De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) (27 April 2012)

Gallastegui, R (on the application of) v Westminster City Council & Ors [2012] EWHC 1123 (Admin) (27 April 2012)

High Court (Commercial Court)

ACG Acquisition XX LLC v Olympic Airlines [2012] EWHC 1070 (Comm) (30 April 2012)

Source: www.bailii.org

Adams and others v Ford and others – WLR Daily

Adams and others v Ford and others [2012] EWCA Civ 544; [2012] WLR (D) 125

“It was not right to lay down a categorical rule that the issue of proceedings without valid authority from a claimant ought necessarily to amount to an abuse of the process of the court. The principle in Presentaciones Musicales SA v Secunda [1994] Ch 271, that a claimant could ratify and adopt proceedings started in his name by a solicitor without authority, remained binding on the court.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 27th, 2012 in law reports by sally

High Court (Administrative Court)

Dulai & Ors, R (on the application of) v Chelmsford Magistrates’ Court & Anor [2012] EWHC 1055 (Admin) (26 April 2012)

Source: www.bailii.org

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening) – WLR Daily

Posted April 27th, 2012 in age discrimination, law reports, partnerships, retirement by sally

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening); [2012] UKSC 16;  [2012] WLR (D)  124

“A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors could be justified as a means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“ – WLR Daily

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10);  [2012] WLR (D)  123

“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 27th, 2012 in age discrimination, law reports, retirement by sally

Chief Constable of West Yorkshire Police and another v Homer; [2012] UKSC 15;  [2012] WLR (D)  122

“An employment requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age was indirectly discriminatory on grounds of age and had to be justified.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 26th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

M, R. v [2012] EWCA Crim 792 (26 April 2012)

Court of Appeal (Civil Division)

Crammer v West Bromwich Building Society & Ors [2012] EWCA Civ 517 (25 April 2012)

AM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 521 (26 April 2012)

Hess Corporation v Stena Drillmax III Ltd & Anor [2012] EWCA Civ 522 (26 April 2012)

Kinsley v The Commissioner of Police for the Metropolis [2012] EWCA Civ 515 (19 April 2012)

Ajar-Tec Ltd v Stack [2012] EWCA Civ 543 (26 April 2012)

Tibbles v SIG Plc (t/a Asphaltic Roofing Supplies) [2012] EWCA Civ 518 (26 April 2012)

Adams & Ors v Ford & Ors [2012] EWCA Civ 544 (26 April 2012)

Lawrence v Kent County Council [2012] EWCA Civ 493 (26 April 2012)

Specsavers International Healthcare Ltd. & Ors v Asda Stores Ltd [2012] EWCA Civ 494 (26 April 2012)

Adamjee v R. [2012] EWCA Crim 793 (26 April 2012)

High Court (Queen’s Bench Division)

Transport for London (TfL) v Griffin & Ors [2012] EWHC 1105 (QB) (26 April 2012)

High Court (Chancery Division)

Lilleyman v Lilleyman & Anor [2012] EWHC 1056 (Ch) (26 April 2012)

High Court (Administrative Court)

Y, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) (20 April 2012)

Amougou -Mbarga, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1081 (Admin) (26 April 2012)

Medihani, R (on the application of) v Coroner for Inner South District of Greater London [2012] EWHC 1104 (Admin) (26 April 2012)

Dulai & Ors, R (on the application of) v Chelmsford Magistrates’ Court & Anor [2012] EWHC 1055 (Admin) (26 April 2012)

High Court (Technology and Construction Court)

Higginson Securities (Developments) Ltd & Anor v Hodson [2012] EWHC 1052 (TCC) (26 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 26th, 2012 in law reports by sally

Supreme Court

Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 (25 April 2012)

Seldon v Clarkson Wright and Jakes (A Partnership) [2012] UKSC 16 (25 April 2012)

Court of Appeal (Criminal Division)

E, R v [2012] EWCA Crim 791 (25 April 2012)

Court of Appeal (Civil Division)

Swain Mason & Ors v Mills & Reeve (a firm) [2012] EWCA Civ 498 (23 April 2012)

Brightsea UK Ltd v Drachs Investments No 3 Ltd [2012] EWCA Civ 516 (25 April 2012)

Chandler v Cape Plc [2012] EWCA Civ 525 (25 April 2012)

Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524 (25 April 2012)

High Court (Queen’s Bench Division)

Hughes v The Estate of Dayne Joshua Williams, Deceased & Anor [2012] EWHC 1078 (QB) (25 April 2012)

High Court (Chancery Division)

MF Global Overseas Ltd [2012] EWHC 1091 (Ch) (23 March 2012)

High Court (Commercial Court)

Lombard North Central Plc & Anor v GATX Corporation [2012] EWHC 1067 (Comm) (25 April 2012)

High Court (Technology and Construction Court)

Working Environments Ltd v Greencoat Construction Ltd [2012] EWHC 1039 (TCC) (24 April 2012)

Source: www.bailii.org

Law reporting in the new media age – Halsbury’s Law Exchange

Posted April 26th, 2012 in internet, law reports, news by sally

“Last night Halsbury’s Law Exchange, in partnership with the international law firm Eversheds, hosted its first panel discussion. The subject was ‘Law Reporting in the New Media Age’.”

Full story

Halsbury’s Law Exchange, 25th April 2012

Source: www.halsburyslawexchange.co.uk