law reports – Page 182 – Current Awareness

BESTrustees plc v Kaupthing Singer & Friedlander Ltd – WLR Daily

Posted March 20th, 2012 in insolvency, law reports, pensions, valuation by sally

BESTrustees plc v Kaupthing Singer & Friedlander Ltd [2012] EWHC 629 (Ch); [2012] WLR (D) 84

“Where an insolvency event had occurred in relation to an employer, thereby triggering a calculation of the deficiencies in the assets of a pension fund under section 75 of the Pensions Act 1995, the time at which both the value of the pension scheme assets and the cost of the notional acquisition of annuities in the market to match its liabilities should be assessed was the ‘applicable time’ within the meaning of regulation 5 of the Occupational Pension Schemes (Employer Debt) Regulations 2005, which, in the form which the regulation 5 had taken as at 8 October 2008, was the date of the insolvency event.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 19th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

R. v SVS Solicitors [2012] EWCA Crim 319 (15 February 2012)

A v B & Anor [2012] EWCA Civ 285 (14 March 2012)

Court of Appeal (Civil Division)

Maqsood v Mahmood & Anor [2012] EWCA Civ 251 (13 March 2012)

JD (Congo) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 327 (16 March 2012)

Barr & Ors v Biffa Waste Services Ltd [2012] EWCA Civ 312 (19 March 2012)

High Court (Queen’s Bench Division)

Travelers Insurance Company Ltd & Anor v Advani [2012] EWHC 623 (QB) (16 March 2012)

High Court (Chancery Division)

Coleridge v Sotheby’s [2012] EWHC 370 (Ch) (01 March 2012)

High Court (Administrative Court)

Midlands Co-Operative Society Ltd, R (on the application of) v Tesco Stores Ltd [2012] EWHC 620 (Admin) (16 March 2012)

Lord Carlile & Ors v Secretary of State for the Home Department [2012] EWHC 617 (Admin) (16 March 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho [2012] EWHC 635 (TCC) (05 March 2012)

High Court (Commercial Court)

Standard Bank Plc v Via Mat International Ltd & Anor [2012] EWHC 574 (Comm) (16 March 2012)

High Court (Patents Court)

Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2012] EWHC 627 (Pat) (15 March 2012)

Source: www.bailii.org

Regina v Feeley – WLR Daily

Posted March 19th, 2012 in appeals, child abuse, indictments, law reports, rape, retrials by sally

Regina v Feeley [2012] WLR (D) 83

“Where a defendant was being retried, following a successful appeal against conviction, there was no reason in principle why additional counts should not be added to the indictment.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Regina v Chinn – WLR Daily

Posted March 19th, 2012 in admissibility, hearsay evidence, law reports, witnesses by sally

Regina v Chinn [2012] EWCA 501; [2012] WLR (D) 82

“Where a witness’s oral evidence in chief indicated that he had earlier made a witness statement and to the best of his belief he had made the statement concerned and that the statement stated the truth, and the statement identified or described a person, object or place connected with an alleged offence or other relevant event, those parts of the witness statement would be admissible under section 120(5) of the Criminal Justice Act 2003. However, other parts of the witness statement, which went beyond identification or description of the person object or place, would not be admissible under section 120(4) and (5).”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Società Consortile Fonografici (SCF) v Del Corso (Procuratore generale della Repubblica intervening) – WLR Daily

Posted March 19th, 2012 in copyright, EC law, law reports by sally

Società Consortile Fonografici (SCF) v Del Corso (Procuratore generale della Repubblica intervening) (Case C-135/10); [2012] WLR (D) 81

“‘Communication to the public’ for the purposes of article 8(2) of Directive 92/100/EEC did not cover the broadcasting, free of charge, of phonograms within private dental practices engaged in professional economic activity for the benefit of patients of those practices and enjoyed by them without any active choice on their part. Therefore such an act of transmission did not entitle the phonogram producers to the payment of remuneration.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 16th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 (16 March 2012)

HK (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 315 (16 March 2012)

Yafai v Muthana [2012] EWCA Civ 289 (16 March 2012)

McGuire v Rose [2012] EWCA Civ 288 (16 March 2012)

Welsh Ministers & Anor v RWE Npower Renewables Ltd [2012] EWCA Civ 311 (15 March 2012)

Smith v Butler [2012] EWCA Civ 314 (15 March 2012)

Oliver & Anor v Symons & Anor [2012] EWCA Civ 267 (15 March 2012)

Broom, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 275 (15 March 2012)

Court of Appeal (Criminal Division)

Surrey Trading Standards, R (on the application of) v Scottish and Southern Energy Plc [2012] EWCA Crim 539 (16 March 2012)

Chinn, R. v [2012] EWCA Crim 501 (15 March 2012)

High Court (Administrative Court)

Dartford Borough Council v Secretary of State for Communities and Local Government & Anor [2012] EWHC 634 (Admin) (16 March 2012)

Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor [2012] EWHC 624 (Admin) (15 March 2012)

High Court (Chancery Division)

Combined Insurance Company of America (CICA), Re [2012] EWHC 632 (Ch) (16 March 2012)

High Court (Commercial Court)

Jet2.com Ltd v SC Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 622 (Comm) (15 March 2012)

Bikam OOD Central Investment Group SA v Adria Cable SARL [2012] EWHC 621 (Comm) (15 March 2012)

High Court (Queen’s Bench Division)

Weston v Bates & Anor [2012] EWHC 590 (QB) (15 March 2012)

Tinkler & Anor v Elliott [2012] EWHC 600 (QB) (15 March 2012)

Citation Plc v Ellis Whittam Ltd [2012] EWHC 549 (QB) (14 March 2012)

High Court (Technology and Construction Court)

Murray Construction Ltd v Marino Family Trust Ltd [2012] EWHC 628 (TCC) (15 March 2012)

Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649 (TCC) (15 March 2012)

Source: www.bailii.org

A v B and another (Female parents: Role of biological father) – WLR Daily

Posted March 16th, 2012 in assisted reproduction, children, contact orders, law reports, paternity by sally

A v B and another (Female parents: Role of biological father): [2012] EWCA Civ 285; [2012] WLR (D) 80

“Where a child was conceived by a mother and a father by virtue of an agreement between them that the child would live with and be brought up in the care of the mother and her female partner as the primary care givers of the child, there could be no general rule in family proceedings that the biological father was to be regarded only as a ‘secondary’ parent or to have a limited relationship with the child. Each case was fact specific and the welfare of the child was paramount.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

AB and others v Ministry of Defence – WLR Daily

Posted March 16th, 2012 in armed forces, law reports, limitations, nuclear weapons, personal injuries by sally

AB and others v Ministry of Defence: [2012] UKSC 9; [2012] WLR (D) 79

“Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

In re S (A Child) (Abduction: Custody Appeal) – WLR Daily

Posted March 16th, 2012 in child abduction, law reports, mental health by sally

In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10; [2012] WLR (D) 78

“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

RB (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted March 16th, 2012 in asylum, evidence, expert witnesses, law reports by sally

RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277; [2012] WLR (D) 77

“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Regina v A (RJ) – WLR Daily

Posted March 16th, 2012 in abuse of process, Crown Prosecution Service, law reports, prosecutions by sally

Regina v A (RJ): [2012] EWCA Crim 434; [2012] WLR (D) 76

“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 14th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cornelius, R v [2012] EWCA Crim 500 (14 March 2012)

Court of Appeal (Civil Division)

Reddy v The General Medical Council [2012] EWCA Civ 310 (14 March 2012)

Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 (14 March 2012)

High Court (Chancery Division)

Danks & Ors v Qinetiq Holdings Ltd & Anor [2012] EWHC 570 (Ch) (14 March 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 14th, 2012 in law reports by sally

Supreme Court

S (A Child), Re [2012] UKSC 10 (14 March 2012)

Ministry of Defence v AB & Ors [2012] UKSC 9 (14 March 2012)

Court of Appeal (Criminal Division)

Kapoor & Ors v R. [2012] EWCA Crim 435 (09 March 2012)

High Court (Administrative Court)

Murphy v Media Protection Services Ltd [2012] EWHC 466 (Admin) (24 February 2012)

Ujam v General Medical Council [2012] EWHC 580 (Admin) (13 March 2012)

High Court (Queen’s Bench Division)

XVW & YZA v Gravesend Grammar Schools for Girls & Anor [2012] EWHC 575 (QB) (13 March 2012)

High Court (Chancery Division)

Rhinegold Publishing Ltd v Apex Business Development Ltd [2012] EWHC 587 (Ch) (13 March 2012)

High Court (Commercial Court)

Osmium Shipping Corp v Cargill International SA [2012] EWHC 571 (Comm) (13 March 2012)

Source: www.bailii.org

Souglides v Tweedie and another – WLR Daily

Posted March 14th, 2012 in landlord & tenant, law reports, leases, perpetuities by sally

Souglides v Tweedie and another [2012] EWHC 561 (Ch); [2012] WLR (D) 74

“An interest carved out of a superior leasehold or freehold interest could constitute ‘an interest reversionary (whether directly or indirectly)’ on the term of a lease for the purpose of section 9(1) of the Perpetuities and Accumulations Act 1964. Accordingly, an option for a lease extension fell within section 9(1) and so was exempt from the rule against perpetuities.”

WLR Daily, 12th March 2012

Source: www.iclr.co.uk

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