law reports – Page 181 – Current Awareness

“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

Phillips v Royal Society for the Protection of Birds and others – WLR Daily

Posted March 21st, 2012 in charities, gifts, law reports, wills by sally

Phillips v Royal Society for the Protection of Birds and others [2012] EWHC 618 (Ch); [2012] WLR (D) 88

“Where a corporation had been removed from the register of charities but had not been struck off and dissolved until after the death of the testatrix, a gift made in her will took effect notwithstanding that the corporation had ceased to exist.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

G v de Visser – WLR Daily

Posted March 21st, 2012 in default judgments, EC law, human rights, internet, law reports, photography, privacy by sally

G v de Visser (Case C-292/10); [2012] WLR (D) 87

“Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace the defendant.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Barr and others v Biffa Waste Services Ltd – WLR Daily

Posted March 21st, 2012 in appeals, law reports, nuisance, waste by sally

Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86

“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”

WLR Daily, 19th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 21st, 2012 in law reports by sally

Supreme Court

Tesco Stores Ltd v Dundee City Council (Scotland) [2012] UKSC 13 (21 March 2012)

ST Eritrea, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 12 (21 March 2012)

Flood v Times Newspapers Ltd [2012] UKSC 11 (21 March 2012)

Court of Appeal (Civil Division)

Mohamed v Secretary of State for the Home Department [2012] EWCA Civ 331 (20 March 2012)

Kennedy v Charity Commission [2012] EWCA Civ 317 (20 March 2012)

Hutchinson & Anor v Neale & Anor [2012] EWCA Civ 345 (20 March 2012)

Al Sanea v Saad Investments Co Ltd [2012] EWCA Civ 313 (20 March 2012)

FDA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor [2012] EWCA Civ 332 (20 March 2012)

Tasneem v Dudley Group of Hospitals NHS Trust [2012] EWCA Civ 329 (21 March 2012)

Crabtree v Ng [2012] EWCA Civ 333 (21 March 2012)

Burnett v Lynch [2012] EWCA Civ 347 (21 March 2012)

Fortune & Ors v Wiltshire Council & Anor [2012] EWCA Civ 334 (20 March 2012)

High Court (Chancery Division)

Gittins v Serco Home Affairs [2012] EWHC 651 (Ch) (20 March 2012)

Groveholt Ltd v Hughes & Anor [2012] EWHC 686 (Ch) (21 March 2012)

High Court (Administrative Court)

McAuley, R (on the application of) v Crown Prosecution Service [2012] EWHC 680 (Admin) (20 March 2012)

Njoroge & Anor, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 681 (Admin) (20 March 2012)

Wright v Argentina [2012] EWHC 669 (Admin) (20 March 2012)

Ujam v General Medical Council [2012] EWHC 683 (Admin) (20 March 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 20th, 2012 in law reports by sally

High Court (Administrative Court)

Long v Rodman & Ors [2012] EWHC 347 (Ch) (23 February 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho [2012] EWHC 668 (TCC) (16 March 2012)

High Court (Commercial Court)

Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken AB [2012] EWHC 584 (Comm) (15 March 2012)

Source: www.bailii.org

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same – WLR Daily

Posted March 20th, 2012 in appeals, asylum, law reports, news, tribunals by sally

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same [2012] EWCA Civ 327; [2012] WLR (D) 85

“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk