law reports – Page 180 – Current Awareness

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily

Posted April 5th, 2012 in disclosure, documents, evidence, extradition, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) [2012] EWCA Civ 420; [2012] WLR (D) 110

“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

DKH Retail Ltd v Republic (Retail) Ltd – WLR Daily

Posted April 5th, 2012 in civil procedure rules, courts, law reports, patents, transfer of proceedings by sally

DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch); [2012] WLR (D) 109

“The current practice, in which applications to transfer cases to and from the Patents County Court were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the Civil Procedure Rules.”

WLR Daily, 3rd April 2012

Soure: www.iclr.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Innovia Films Ltd v Frito-Lay North America Inc – WLR Daily

Posted April 5th, 2012 in jurisdiction, law reports, patents by sally

Innovia Films Ltd v Frito-Lay North America Inc [2012] EWHC 790 (Pat); [2012] WLR (D) 107

“Where a court had jurisdiction under section 82(4)(b) of the Patents Act 1977 to determine a question to which section 82 applied, the court’s jurisdiction was exclusive of all other possible jurisdictions.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 5th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Stangroom & Anor v Brown [2012] EWCA Civ 424 (04 April 2012)

Foley Independent News & Media Ltd & Ors v Lord Ashcroft KCMG [2012] EWCA Civ 423 (04 April 2012)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWCA Civ 422 (04 April 2012)

High Court (Queen’s Bench Division)

Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)

Burn & Ors v The Ministry of Justice [2012] EWHC 876 (QB) (04 April 2012)

High Court (Chancery Division)

PCE Investors Ltd. v Cancer Research UK [2012] EWHC 884 (Ch) (04 April 2012)

Samsung Electronics (UK) Ltd & Anor v Apple Inc [2012] EWHC 889 (Ch) (04 April 2012)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (04 April 2012)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)

Hughes v Woolworths Group Pension Trustee Ltd [2012] EWHC 905 (Ch) (04 April 2012)

High Court (Administrative Court)

McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin) (04 April 2012)

High Court (Family Division)

KK v MA & Ors [2012] EWHC 788 (Fam) (29 March 2012)

S v Z [2012] EWHC 846 (Fam) (09 March 2012)

High Court (Commercial Court)

Metall Market OOO v Vitorio Shipping Company Ltd [2012] EWHC 844 (Comm) (04 April 2012)

West Tankers Inc v Allianz SpA & Anor [2012] EWHC 854 (Comm) (04 April 2012)

Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 (Comm) (28 March 2012)

Source: www.bailii.org

How will we even know a closed judgment exists? – The Guardian

Posted April 5th, 2012 in closed material, freedom of expression, law reports, media, news, private hearings by sally

“What proposals for closed hearings would mean for press freedom.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 5th, 2012 in law reports by sally

High Court (Chancery Division)

Public Trustee v Butler & Anor [2012] EWHC 858 (Ch) (03 April 2012)

DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch) (03 April 2012)

High Court (Queen’s Bench Division)

J Preston & Sons Ltd [2012] EWHC 870 (QB) (03 April 2012)

Letts v Royal Sun Alliance Plc [2012] EWHC 875 (QB) (03 April 2012)

The Serious Organised Crime Agency v Robb [2012] EWHC 803 (QB) (30 March 2012)

Sharif, R. v [2012] EWHC 868 (QB) (03 April 2012)

Dr A v HTX [2012] EWHC 857 (QB) (03 April 2012)

High Court (Administrative Court)

Abdollahi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 878 (Admin) (03 April 2012)

High Court (Commercial Court)

Ghanem Al -Thani Holdings WLL v Jaguar Cars Exports Ltd [2012] EWHC 856 (Comm) (03 April 2012)

Ferrexpo AG v Gilson Investments Ltd & Ors [2012] EWHC 721 (Comm) (03 April 2012)

High Court (Patents Court)

Innovia Films Ltd v Frito -Lay North America, Inc [2012] EWHC 790 (Pat) (30 March 2012)

Source: www.bailii.org

AH (Algeria) v Secretary of State for the Home Department – WLR Daily

Posted April 4th, 2012 in asylum, law reports, refugees, terrorism by sally

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106

“In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was sufficiently ‘serious’ one also had to set the applicable threshold with care.”

WLR Daily, 2nd April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 4th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420 (03 April 2012)

Faniyan v The Commissioner of Police for the Metropolis [2012] EWCA Civ 411 (03 April 2012)

Central Bank of Nigeria v Williams [2012] EWCA Civ 415 (03 April 2012)

CB & Anor v Secretary of State for the Home Department [2012] EWCA Civ 418 (03 April 2012)

Council of the City of Sunderland v Brennan & Ors [2012] EWCA Civ 413 (03 April 2012)

Turnbull v Warrener [2012] EWCA Civ 412 (03 April 2012)

J (Children), Re [2012] EWCA Civ 380 (03 April 2012)

Lomas & Ors v JFB Firth Rixson Inc & Ors [2012] EWCA Civ 419 (03 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 3rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Bizimana, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 414 (02 April 2012)

R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410 (02 April 2012)

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395 (02 April 2012)

Du Plessis v Fontgary Leisure Parks Ltd [2012] EWCA Civ 409 (02 April 2012)

Kazeminy v Siddiqi & Ors [2012] EWCA Civ 416 (02 April 2012)

Jet2.com Ltd v Blackpool Airport Ltd [2012] EWCA Civ 417 (02 April 2012)

Mitchell & Ors v United Co-Operatives Ltd [2012] EWCA Civ 348 (22 March 2012)

Lawrence v Gallagher [2012] EWCA Civ 394 (29 March 2012)

High Court (Administrative Court)

R (SDR) v Bristol City Council [2012] EWHC 859 (Admin) (02 April 2012)

High Court (Technology and Construction Court)

United Marine Aggregates Ltd v G.M.Welding & Engineering Ltd & Anor [2012] EWHC 779 (TCC) (02 April 2012)

Source: www.bailii.org

Regina v Newell – WLR Daily

Posted April 3rd, 2012 in admissibility, appeals, evidence, law reports by sally

Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105

“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Newell, R v [2012] EWCA Crim 650 (30 March 2012)

High Court (Queen’s Bench Division)

Contostavlos v Mendahun [2012] EWHC 850 (QB) (29 March 2012)

High Court (Family Division)

AJ v SJ [2012] EWHC B2 (Fam) (02 March 2012)

A v T [2011] EWHC B28 (Fam) (09 December 2011)

Tower Hamlets v MK & Ors [2012] EWHC 426 (Fam) (02 March 2012)

X v X [2012] EWHC 538 (Fam) (16 March 2012)

High Court (Administrative Court)

Threadneedle Property Investments Ltd & Anor v Southwark Borough Council & Anor [2012] EWHC 855 (Admin) (30 March 2012)

Law Society of England and Wales, R (on the application of) v The Legal Services Commission & Anor [2012] EWHC 794 (Admin) (30 March 2012)

Republic of South Africa v Dewani [2012] EWHC 842 (Admin) (30 March 2012)

High Court (Commercial Court)

Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken AB [2012] EWHC 749 (Comm) (30 March 2012)

Source: www.bailii.org

Gregg and another v Pigott and others – WLR Daily

Posted April 2nd, 2012 in adoption, human rights, law reports, news, trusts by sally

Gregg and another v Pigott and others [2012] EWHC 732 (Ch); [2012] WLR (D) 104

“The phrase ‘statutory next of kin’ in an English settlement made in 1948 should be construed in such a way as to eliminate discrimination against adopted children by virtue of articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 29th March 2012

Source: www.iclr.co.uk

SAG ELV Slovensko as and others v Úrad pre verejné obstarávanie, (Národná dial’ničná spoločnost’ as intervening) – WLR Daily

Posted April 2nd, 2012 in EC law, law reports, public procurement, tenders, tolls by sally

SAG ELV Slovensko as and others v Úrad pre verejné obstarávanie, (Národná dial’ničná spoločnost’ as intervening) (Case C-599/10); [2012] WLR (D) 103

“A member state was required to make legislative provision that, where a tenderer offered an abnormally low price in the course of a public procurement process pursuant to Directive 2004/18/EC, the contracting authority was obliged, pursuant to article 55 of the Directive, to ask the tenderer in writing to clarify its price proposal.”

WLR Daily, 29th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 30th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Valencia v Llupar [2012] EWCA Civ 396 (30 March 2012)

Al -Jedda v Secretary of State for the Home Department [2012] EWCA Civ 358 (29 March 2012)

Cornwall Waste Forum St Dennis Branch v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 379 (29 March 2012)

Berky, R (on the application of) v Newport City Council & Ors [2012] EWCA Civ 378 (29 March 2012)

High Court (Administrative Court)

Ayyub v General Medical Council [2012] EWHC 797 (Admin) (29 March 2012)

High Court (Commercial Court)

Atlasnavios -Navegação, LDA v Navigators Insurance Company Ltd & Ors [2012] EWHC 802 (Comm) (29 March 2012)

High Court (Queen’s Bench Division)

AC & Anor v TR & Anor [2012] EWHC 796 (QB) (29 March 2012)

Contostavlos v Mendahun [2012] EWHC 850 (QB) (29 March 2012)

Source: www.bailii.org

R (King) v Secretary of State for Justice: R (Bourgass and another) v Same – WLR Daily

Posted March 30th, 2012 in disciplinary procedures, human rights, judicial review, law reports, prisons by sally

R (King) v Secretary of State for Justice: (Bourgass and another) v Same: CA Civ 376; [2012] WLR (D) 102

“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