law reports – Page 181 – Current Awareness

Revenue and Customs Commissioners v First Nationwide – WLR Daily

Posted March 14th, 2012 in dividends, HM Revenue & Customs, income tax, law reports by sally

Revenue and Customs Commissioners v First Nationwide [2012] EWCA Civ 278; [2012] WLR (D) 73

“The tax status of preference dividends from a Cayman Islands company to whose shares the taxpayer had subscribed, was determined by the machinery by which they were distributed. Under Cayman law share premium was distributable as dividend, whereas in English tax law share premium was treated in the same way as paid-up share capital. The transaction was not a sale and repurchase of securities such as to constitute a ‘buying back’ within the meaning of sections 737A and 730B of the Income and Corporation Taxes Act 1988.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 13th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

A v R [2012] EWCA Crim 434 (13 March 2012)

Court of Appeal (Civil Division)

Oakglade Investments Ltd & Anor v Dhand [2012] EWCA Civ 286 (13 March 2012)

Adamson v Paddico (267) Ltd [2012] EWCA Civ 262 (07 March 2012)

Corby Borough Council v Scott [2012] EWCA Civ 276 (13 March 2012)

MM (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 279 (13 March 2012)

RB (Somalia) v Secretary of State for the Home Department [2012] EWCA Civ 277 (13 March 2012)

Revenue & Customs v First Nationwide [2012] EWCA Civ 278 (13 March 2012)

Bon Groundwork Ltd v Foster [2012] EWCA Civ 252 (13 March 2012)

High Court (Commercial Court)

Petrologic Capital SA v Banque Cantonale De Geneve & Anor [2012] EWHC 453 (Comm) (08 March 2012)

Source: www.bailii.org

Regina v Kapoor and others – WLR Daily

Posted March 13th, 2012 in appeals, crime, immigration, law reports by sally

Regina v Kapoor and others [2012] EWCA Crim 435; [2012] WLR (D) 72

“For the purposes of section 25(1)(2) of the Immigration Act 1971, as substituted, an ‘immigration law’ was a law which determined whether a person was lawfully or unlawfully either entering the United Kingdom, or in transit or being in the United Kingdom and did not include section 2 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 which made it an offence for a person not to have with him at a leave or asylum interview an immigration document which was in force and satisfactorily established his identity and nationality or citizenship.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

Huet v Université de Bretagne Occidentale – WLR Daily

Posted March 13th, 2012 in contract of employment, EC law, fixed-term contracts, law reports by sally

Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71

“National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. However, in order not to undermine the practical effect of, or the objectives pursued by, Council Directive 1999/70/EC, the member state concerned had to ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration was not accompanied by material amendments to the clauses of the previous contract in a way which was, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of his functions remain unchanged.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another – WLR Daily

Posted March 13th, 2012 in appeals, charterparties, electronic mail, law reports by sally

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another [2012] EWCA Civ 265; [2012] WLR (D) 70

“A contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

International Children Law Update – March 2012 – Family Law Week

Posted March 13th, 2012 in appeals, children, custody, law reports, news by sally

“Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.”

Full story

Family Law Week, 12th March 2012

Source: www.familylawweek.co.uk

BAILII: Recent Decisions

Posted March 13th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

British Pregnancy Advisory Service v The Person Using the Alias ‘Pablo Escobar’ [2012] EWHC 572 (QB) (12 March 2012)

Nicklinson v Ministry of Justice & Ors [2012] EWHC 304 (QB) (12 March 2012)

High Court (Chancery Division)

D R Sheridan LLP v Higgins & Anor [2012] EWHC 547 (Ch) (12 March 2012)

JSC BTA Bank v Solodchenko & Ors [2012] EWHC 550 (Ch) (08 March 2012)

High Court (Family Division)

A v SM & Anor [2012] EWHC 435 (Fam) (25 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Alanov v Sussex Police [2012] EWCA Civ 234 (01 March 2012)

High Court (Chancery Division)

Souglides v Tweedie & Anor [2012] EWHC 561 (Ch) (12 March 2012)

High Court (Administrative Court)

Vörös v The District Courts of Sopron, Gyor and Zalaegerszeg, Hungary [2012] EWHC 518 (Admin) (12 March 2012)

Source: www.bailii.org

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Miah and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in human rights, immigration, law reports by sally

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68

“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Gedeon Richter plc v Bayer Schering Pharma AG – WLR Daily

Posted March 12th, 2012 in law reports, medicines, patents by sally

Gedeon Richter plc v Bayer Schering Pharma AG [2012] EWCA Civ 235; [2012] WLR (D) 66

“On an application for the revocation of a registered patent on the ground of obviousness it was sufficient for the judge hearing the case to take an objective view whether a skilled formulator would take the trouble to obtain copies of papers published by inventors or review their contents to ascertain whether the patent in question related to an invention which was novel. The judge was not obliged to consider what view a notional team that included a medicinal chemist, pharmacologists and biochemists would take as to the issue of obviousness or whether something would have been ‘obvious to try’.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 9th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Far East Chartering Ltd & Anor v Great Eastern Shipping Company Ltd [2011] EWCA Civ 180 (09 March 2012)

Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd & Anor [2012] EWCA Civ 265 (09 March 2012)

Woodland v Essex County Council [2012] EWCA Civ 239 (09 March 2012)

Hussain & Anor v Bank of Scotland Plc [2012] EWCA Civ 264 (08 March 2012)

Whitehead v Trustees of the Chatsworth Settlement [2012] EWCA Civ 263 (08 March 2012)

Court of Appeal (Criminal Division)

Lambert & Anor v R. [2012] EWCA Crim 421 (08 March 2012)

High Court (Administrative Court)

Murphy v Media Protection Services Ltd [2012] EWHC 529 (Admin) (08 March 2012)

High Court (Chancery Division)

Procter & Gamble & Ors v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 498 (Ch) (08 March 2012)

High Court (Commercial Court)

British Waterways v Royal & Sun Alliance Insurance Plc [2012] EWHC 460 (Comm) (07 March 2012)

Source: www.bailii.org

Whitehead v Trustees of the Chatsworth Settlement – WLR Daily

Posted March 9th, 2012 in health & safety, law reports, personal injuries, statutory duty by sally

Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263; [2012] WLR (D) 65

“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport – WLR Daily

Posted March 8th, 2012 in appeals, EC law, internet, law reports by sally

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport [2012] EWCA Civ 232; [2012] WLR (D) 63

“The online infringement copyright provisions contained in sections 124A to 124N of the Communications Act 2003, as inserted, were not incompatible with European Union law.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

Regina v Ahmad and another – WLR Daily

Posted March 8th, 2012 in appeals, confiscation, fraud, law reports, VAT by sally

Regina v Ahmad and another [2012] EWCA Crim 391; [2012] WLR (D) 62

“Sums banked as the result of the sale or purported sale of goods by a buffer company in the course of a carousel fraud generating false claims for the repayment of VAT were not property obtained ‘in connection with [the] commission’ of the offence within section 71(4) of the Criminal Justice Act 1988.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 8th, 2012 in law reports by sally

Supreme Court

W (Algeria) & Anor v Secretary of State for the Home Department [2012] UKSC 8 (7 March 2012)

Court of Appeal (Civil Division)

Gedeon Richter Plc v Bayer Pharma AG [2012] EWCA Civ 235 (07 March 2012)

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012)

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260 (07 March 2012)

Zieleniewski v Scheyd & Anor [2012] EWCA Civ 247 (06 March 2012)

Taylor v Betterment Properties (Weymouth) Ltd & Anor [2012] EWCA Civ 250 (07 March 2012)

Brewer v Mann & Ors [2012] EWCA Civ 246 (07 March 2012)

High Court (Chancery Division)

Toth v Emirates & Anor [2012] EWHC 517 (Ch) (07 March 2012)

High Court (Administrative Court)

Barrett, R (on the application of) v London Borough of Lambeth [2012] EWHC 4557 (Admin) (29 February 2012)

Walker-Smith v General Medical Council [2012] EWHC 503 (Admin) (07 March 2012)

High Court (Technology and Construction Court)

Natas Group Ltd v Styles & Wood Ltd [2012] EWHC 526 (TCC) (07 March 2012)

Source: www.bailii.org

Regina v Meeking – WLR Daily

Posted March 7th, 2012 in appeals, homicide, law reports, road traffic offences by sally

Regina v Meeking [2012] WLR (D) 60

Interference with a motor vehicle contrary to section 22A(1)(b) of the Road Traffic Act 1988, included acts done while the vehicle was being driven which did not have to be external to the vehicle.

WLR Daily, 29th February 2012

Source: www.iclr.co.uk