law reports – Page 179 – Current Awareness

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)

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

Posted April 27th, 2012 in assignment, conflict of laws, EC law, insolvency, jurisdiction, law reports, setting aside by sally

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

Posted April 27th, 2012 in burials and cremation, faculties, judicial review, jurisdiction, law reports, Ministry of Justice by sally

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

BAILII: Recent Decisions

Posted April 25th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Rudewicz, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 499 (24 April 2012)

Godfrey, R (on the application of) v Southwark [2012] EWCA Civ 500 (24 April 2012)

Westlb AG v Nomura Bank International Plc & Anor [2012] EWCA Civ 495 (24 April 2012)

Lalli v Spirita Housing Ltd [2012] EWCA Civ 497 (24 April 2012)

Greenwich Community Law Centre, R (on the application of) v Greenwich London Borough Council [2012] EWCA Civ 496 (24 April 2012)

Frozen Value Ltd v Heron Foods Ltd [2012] EWCA Civ 473 (24 April 2012)

High Court (Chancery Division)

Guy v Mace & Jones & Ors [2012] EWHC 1022 (Ch) (24 April 2012)

High Court (Queen’s Bench Division)

DD v Durham County Council & Anor [2012] EWHC 1053 (QB) (24 April 2012)

High Court (Administrative Court)

Browning v Lewes Crown Court & Anor [2012] EWHC 1003 (Admin) (24 April 2012)

Lamont -Perkins v Royal Society for the Prevention of Cruelty To Animals (RSPCA) [2012] EWHC 1002 (Admin) (24 April 2012)

Source: www.bailii.org

Regina v Burke (Michael) – WLR Daily

Posted April 25th, 2012 in appeals, fitness to plead, law reports, voyeurism by sally

Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119

“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”

WLR Daily, 20th April 2012

Source: www.iclr.co.uk

Regina (Raeside) v Luton Crown Court – WLR Daily

Posted April 25th, 2012 in detention, judges, judicial review, law reports, time limits by sally

Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120

“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”

WLR Daily, 23rd April 2012

Source: www.iclr.co.uk

Regina v Bagnall; Regina v Sharma – WLR Daily

Posted April 25th, 2012 in appeals, confiscation, human rights, law reports, proceeds of crime by sally

Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118

“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”

WLR Daily, 18th April 2012

Source: www.iclr.co.uk

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH – WLR Daily

Posted April 25th, 2012 in advertising, EC law, internet, jurisdiction, law reports, trade marks by sally

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117

“Article 5(3) 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 meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country-specific top-level domain of another member state could be brought before either the courts of the member state in which the trade mark was registered or the courts of the member state of the place of establishment of the advertiser.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Meister v Speech Design Carrier Systems GmbH – WLR Daily

Posted April 25th, 2012 in age discrimination, disclosure, EC law, employment, law reports, race discrimination, sex discrimination by sally

Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116

“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk