law reports – Page 179 – Current Awareness

“For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.”

WLR Daily, 27th Mach 2012

Source: www.iclr.co.uk

Haringey London Borough Council v Mountplace Ltd – WLR Daily

Posted March 30th, 2012 in duty of care, environmental protection, law reports, news, waste by sally

Haringey London Borough Council v Mountplace Ltd: [2012] EWHC 698 (Admin); [2012] WLR (D) 100

“The duty of care imposed on a producer of waste (or anyone else who fell within one of the different categories of waste holder) by section 34(1)(c) of the Environmental Protection Act 1990 was a duty to secure the results set out in the subsection which fell to complied with on the occasion of a given transfer of waste, and the question as to what were the reasonable measures applicable to him ‘in that capacity’ to secure those results fell to be answered by reference to his capacity on that occasion in the circumstances prevailing at that time. However, that did not mean that a waste holder could not comply with that duty on the occasion of the transfer by having reference to measures he had already taken on days prior to that occasion in anticipation of that occasion, nor did it preclude the court from considering such measures, or the absence thereof, in determining whether the duty had been complied with.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by sally

A local authority and others v L: [2012] EWCA Civ 253; [2012] WLR (D) 101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 29th, 2012 in law reports by sally

Supreme Court

Employers’ Liability Insurance “Trigger” Litigation: BAI (Run Off) Ltd v Durham & Ors [2012] UKSC 14 (28 March 2012)

Court of Appeal (Civil Division)

DL v A Local Authority & Ors [2012] EWCA Civ 253 (28 March 2012)

Abubakar v Entry Clearance Officer (Sannaa) [2012] EWCA Civ 377 (28 March 2012)

High Court (Queen’s Bench Division)

Citation Plc v Ellis Whittam Ltd [2012] EWHC 764 (QB) (28 March 2012)

SKA & Anor v CRH & Anor [2012] EWHC 766 (QB) (28 March 2012)

Church v MGN Ltd [2012] EWHC 693 (QB) (28 March 2012)

High Court (Chancery Division)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2012] EWHC 745 (Ch) (23 March 2012)

High Court (Administrative Court)

Aga v General Medical Council [2012] EWHC 782 (Admin) (28 March 2012)

Source: www.bailii.org

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) – WLR Daily

Posted March 29th, 2012 in income tax, law reports, news, Privy Council by sally

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) [2012] UKPC 9; [2012] WLR (D) 99

“For the purposes of income tax assessment, a transaction was “artificial” if it had, as compared with normal transactions of an ostensibly similar type, features that were abnormal and appeared to be part of a plan. A transaction was not artificial merely because it was not commercial, but if a transaction effected in a commercial context was attacked as uncommercial that might be a reason for looking at it closely.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 28th, 2012 in law reports by sally

Court of Appeal (Civil Division)

King, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 376 (27 March 2012)

High Court (Queen’s Bench Division)

Cairns v Modi [2012] EWHC B1 (QB) (26 March 2012)

Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) (28 March 2012)

High Court (Chancery Division)

SMP Trustees Ltd, Re [2012] EWHC 772 (Ch) (27 March 2012)

High Court (Family Division)

A, Re (Disclosure of Third Party Information) [2012] EWHC 180 (Fam) (16 February 2012)

High Court (Administrative Court)

Allman v Coroner for West Sussex [2012] EWHC 534 (Admin) (09 March 2012)

Walker v Parliamentary and Health Service Ombudsman [2012] EWHC 535 (Admin) (09 March 2012)

Secretary of State for the Home Department v BM [2012] EWHC 714 (Admin) (27 March 2012)

Hampshire Constabulary v Police Appeals Tribunal [2012] EWHC 746 (Admin) (27 March 2012)

Drinkwater, R (on the application of) v Solihull Magistrates Court [2012] EWHC 765 (Admin) (27 March 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 783 (Comm) (16 March 2012)

JSC BTA Bank v Ablyazov [2012] EWHC 648 (Comm) (08 March 2012)

High Court (Technology and Construction Court)

M3 Property Ltd v Zedhomes Ltd [2012] EWHC 780 (TCC) (26 March 2012)

Source: www.bailii.org

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted March 28th, 2012 in carriage of goods, jurisdiction, law reports, service out of jurisdiction, theft by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98

“Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that the English court had jurisdiction under article 31.1 to entertain an action against one of a series of carriers of the same goods did not enable successive carriers of those goods, in respect of whom the court did not otherwise have jurisdiction under article 31.1, to be joined in the same proceedings.”

WLR Daily, 23rd March 2012

Source: www.iclr.co.uk

Woodcock v Cumbria Primary Care Trust – WLR Daily

Posted March 28th, 2012 in age discrimination, dismissal, employment, law reports, redundancy, retirement by sally

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97

“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”

WLR Daily, 22nd March 2012

Source: www.iclr.co.uk

Smith v Butler – WLR Daily

Posted March 28th, 2012 in company directors, law reports by sally

Smith v Butler [2012] EWCA Civ 314; [2012] WLR (D) 96

“Where the terms of a managing director’s appointment to a company made no provision for the express delegation of any specific powers by the board of the company to him, although there might be an intention to implicitly delegate some powers to him, such delegation would not usually have the effect of excluding the powers of the board and the managing director had no implied power to suspend the company chairman or exclude him from the company’s premises. The implied powers of a managing director could include a power to commence legal proceedings, unless the board expressly or by implication decided that such proceedings ought not to be taken or was unlikely to ratify the commencement of proceedings.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012)

High Court (Chancery Division)

Nokia Corporation v AU Optronics Corporation & Ors [2012] EWHC 731 (Ch) (23 March 2012)

Pegasus v Ernst & Young [2012] EWHC 738 (Ch) (23 March 2012)

Seaton & Ors v [2012] EWHC 735 (Ch) (23 March 2012)

High Court (Administrative Court)

Sutton, R (on the application of) v Calderdale Council [2012] EWHC 637 (Admin) (21 March 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 662 (TCC) (22 March 2012)

High Court (Commercial Court)

UBS Ltd & Anor v Regione Calabria [2012] EWHC 699 (Comm) (23 March 2012)

DEPFA Bank Plc v Provincia Di Pisa [2012] EWHC 687 (Comm) (23 March 2012)

British American Tobacco Switzerland SA & Ors v Exel Europe Ltd & Ors [2012] EWHC 694 (Comm) (23 March 2012)

Enercon GmbH Wobben Properties GmbH v Enercon (India) Ltd [2012] EWHC 689 (Comm) (23 March 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 23rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330 (22 March 2012)

High Court (Chancery Division)

Loveluck-Edwards & Anor v Ideal Developments Ltd. & Anor [2012] EWHC 716 (Ch) (22 March 2012)

Rohl v Bickland Ltd [2012] EWHC 706 (Ch) (22 March 2012)

High Court (Patents Court)

Teva UK Ltd & Ors v Astrazeneca AB [2012] EWHC 655 (Pat) (22 March 2012)

Regeneron Pharmacueticals Inc v Genentech Inc [2012] EWHC 657 (Pat) (22 March 2012)

Source: www.bailii.org

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted March 23rd, 2012 in commons, law reports by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council: [2012] EWHC 647 (Admin); [2012] WLR (D) 94

“The words used by Parliament to define ‘town and village green’ in section 15 of the Commons Act 2006 were sufficiently broad to permit the registration of a tidal beach, comprising part of operational port land owned by a landowner, as a town or village green provided that the nature, quality and duration of the recreational user satisfied the statutory test: there was no requirement that land in respect of which registration was sought had to be either ‘grassy’ or consistent with traditional notions of what constituted a village green. That was so even if the land in issue was wholly covered in water for part of the day.”

WLR Daily, 21st March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 22nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Dudley Metropolitan Borough Council v Shurvinton & Ors [2012] EWCA Civ 346 (21 March 2012)

Phethean-Hubble v Coles [2012] EWCA Civ 349 (21 March 2012)

Sheridan & Ors v Basildon Borough Council [2012] EWCA Civ 335 (21 March 2012)

High Court (Chancery Division)

Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD & Ors [2012] EWHC 616 (Ch) (21 March 2012)

Thomas & Anor (Joint Liquidators of GBI Investments Ltd) v Jakes & Anor [2012] EWHC 525 (Ch) (09 March 2012)

Source: www.bailii.org

Flood v Times Newspapers Ltd – WLR Daily

Posted March 22nd, 2012 in defamation, law reports, privilege, public interest, Supreme Court by sally

Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] WLR (D) 93

“A publisher was protected from liability for defamation when it published an article containing allegations of corruption against a named police officer, even though the allegations were subsequently held to be unfounded, if it could be shown that the issues raised in the article were matters of public interest and that at the time of publication it appeared to the publishers that there was a strong circumstantial case for believing the allegations to be true.”

WLR Daily, 21st March 2012

Source: www.iclr.co.uk

Mohamed (Azza) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2012 in appeals, elderly, immigration, law reports by sally

Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92

“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily

Posted March 22nd, 2012 in appeals, charities, Charity Commission, disclosure, freedom of information, law reports, news by sally

Kennedy v Charity Commission (Information Commissioner and another intervening) [2012] EWCA Civ 317; [2012] WLR (D) 91

“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Regina v Scottish and Southern Energy plc – WLR Daily

Posted March 22nd, 2012 in appeals, consumer protection, law reports by sally

Regina v Scottish and Southern Energy plc [2012] EWCA Crim 539; [2012] WLR (D) 89

“It was possible to prosecute more than one person or entity for the same alleged offence of engaging in a misleading commercial practice contrary to regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk