law reports – Page 183 – Current Awareness

Flachglas Torgau GmbH v Federal Republic of Germany – WLR Daily

Posted February 27th, 2012 in confidentiality, EC law, environmental protection, freedom of information, law reports, legislative drafting by sally

Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09); [2012] WLR (D) 45

“The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be applied to ministries to the extent that they participated in the legislative process, in particular by tabling draft laws or giving opinions.”

WLR Daily, 14th February 2012

Source: www.iclr.co.uk

Regina v Gul – WLR Daily

Posted February 27th, 2012 in Afghanistan, armed forces, international law, internet, Iraq, law reports, terrorism by sally

Regina v Gul: [2012] EWCA Crim 280; [2012] WLR (D) 44

“Acts by insurgents against the armed forces of a state anywhere in the world which sought to influence a government and were made for political purposes were acts of terrorism for the purposes of section 1 of the Terrorism Act 2000. There was nothing in international law which required the clear terms of the 2000 Act to be read down to exempt those committing such acts from the definition of terrorist in that Act.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 24th, 2012 in law reports by sally

Court of Appeal (Civil Division)

McKillen v Misland (Cyprus) Investments Ltd & Anor [2012] EWCA Civ 179 (24 February 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 139 (23 February 2012)

Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs & Anor (No 2) [2012] EWCA Civ 182 (23 February 2012)

Smith v Nottinghamshire Police [2012] EWCA Civ 161 (23 February 2012)

High Court (Administrative Court)

Neave & Ors v Court of Rome, Italy [2012] EWHC 358 (Admin) (23 February 2012)

High Court (Chancery Division)

Long v Rodman & Ors [2012] EWHC 342 (Ch) (23 February 2012)

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

High Court (Queen’s Bench Division)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2012] EWHC 310 (QB) (23 February 2012)

High Court (Technology and Construction Court)

West Country Renovations Ltd v McDowell & Anor [2012] EWHC 307 (TCC) (23 February 2012)

Source: www.bailii.org

Regina v Dowds – WLR Daily

Posted February 24th, 2012 in alcohol abuse, defences, diminished responsibility, homicide, law reports by sally

Regina v Dowds: [2012] EWCA Crim 281; [2012] WLR (D) 43

“The reformulation of the statutory conditions for diminished responsibility was not intended to reverse the well established rule that voluntary acute intoxication was incapable of being relied on to found diminished responsibility and the presence of a recognised medical condition, although necessary, was not always a sufficient condition to raise the issue of diminished responsibility.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

In re Peacock (Secretary of State for the Home Dept intervening) – WLR Daily

Posted February 24th, 2012 in confiscation, drug trafficking, law reports, proceeds of crime by sally

In re Peacock (Secretary of State for the Home Dept intervening): [2012] UKSC 5; [2012] WLR (D) 42

“Where a compensation order had been made against a convicted drug trafficker under the Drug Trafficking Act 1994 (which applied where the relevant conviction was before 24 March 2003) to recover an amount equal to his benefit from that criminal activity, but the actual amount of the order was for a lesser sum as being his only realisable assets at the time of conviction, the court could later increase the amount of the order under section 16 of the Act to take account of assets he had legitimately acquired after release from prison.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

City of London v Samede and others – WLR Daily

Posted February 24th, 2012 in appeals, demonstrations, freedom of expression, human rights, injunctions, law reports by sally

City of London v Samede and others: [2012] EWCA Civ 160; [2012] WLR (D) 41

“While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail against the will of the landowner when the demonstrators were continuously and exclusively occupying public land, breaching not just the owner’s property rights and certain statutory provisions, but significantly interfering with the public and Convention rights of others, and causing other problems connected with health, nuisance and the like, especially in circumstances where the occupation had already continued for months and was likely to continue indefinitely.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 23rd, 2012 in law reports by sally

Supreme Court

Peacock, Re [2012] UKSC 3 (22 February 2012)

Court of Appeal (Criminal Division)

Gul, R v [2012] EWCA Crim 280 (22 February 2012)

Dowds v R [2012] EWCA Crim 281 (22 February 2012)

Court of Appeal (Civil Division)

Munin Navigation Company Ltd v Petrodel Resources Ltd ‘Munin Explorer’ [2012] EWCA Civ 136 (21 February 2012)

The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012)

High Court (Queen’s Bench Division)

D v The Commissioner of Police of the Metropolis [2012] EWHC 309 (QB) (22 February 2012)

Barber & Ors v Rasco International Ltd & Anor [2012] EWHC 269 (QB) (02 February 2012)

Source: www.bailii.org

Caterpillar Logistics Service (UK) Ltd v de Crean – WLR Daily

Posted February 23rd, 2012 in appeals, confidentiality, employment, injunctions, law reports by sally

Caterpillar Logistics Service (UK) Ltd v de Crean [2012] EWCA Civ 156; [2012] WLR (D) 40

“The court had power under section 37 of the Senior Courts Act 1981 to grant barring-out relief, but if it could ever be granted to an employer against an employee it could only be in the most exceptional circumstances.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Cameron v Boggiano and another – WLR Daily

Posted February 23rd, 2012 in appeals, conveyancing, law reports, sale of land by sally

Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39

“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Regina v N(A); Regina v Le – WLR Daily

Posted February 22nd, 2012 in drug offences, immigration, law reports, prosecutions, trafficking in human beings, victims by sally

Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38

“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”

WLR Daily, 20th February 2012

Source: www.iclr.co.uk

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted February 22nd, 2012 in food hygiene, health & safety, law reports, local government by sally

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37

“In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled with a ‘use by’ date; (ii) that the defendant was, at the time of the alleged offence, selling the food within the extended definition contained within regulation 2; and (iii) that, at the time of the alleged offence, the date on the ‘use by’ label had passed. The subsequent freezing of food requiring and given a ‘use by’ label would not cause that label to cease to have effect.”

WLR Daily, 20th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 22nd, 2012 in law reports by sally

Supreme Court

Stanford International Bank Ltd v Director of The Serious Fraud Office [2012] UKSC 3 (15 February 2012)

Court of Appeal (Civil Division)

Cameron v Boggiano & Anor [2012] EWCA Civ 157 (21 February 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 155 (21 February 2012)

Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156 (21 February 2012)

Hobson v Magee (t/a Team Magee) [2012] EWCA Civ 116 (21 February 2012)

Kennerley v Beech & Anor [2012] EWCA Civ 158 (21 February 2012)

Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 (21 February 2012)

Polestar Maritime Ltd v YHM Shipping Co Ltd & Anor (Rev 1) [2012] EWCA Civ 153 (17 February 2012)

High Court (Chancery Division)

Moore v British Waterways Board [2012] EWHC 182 (Ch) (10 February 2012)

High Court (Administrative Court)

Woolley, R (on the application of) v Ministry of Justice [2012] EWHC 295 (Admin) (21 February 2012)

High Court (Technology and Construction Court)

Berry Piling Systems Ltd v Sheer Projects Ltd [2012] EWHC 241 (TCC) (21 February 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 21st, 2012 in law reports by sally

High Court (Commercial Court)

Air Transworld Ltd v Bombardier Inc [2012] EWHC 243 (Comm) (20 February 2012)

Source: www.bailii.org

MM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted February 21st, 2012 in appeals, asylum, immigration, law reports, tribunals by sally

MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135; [2012] WLR (D) 36

” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”

WLR Daily, 24th January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 20th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

N, R v [2012] EWCA Crim 189 (20 February 2012)

High Court (Chancery Division)

Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)

Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors [2012] EWHC 268 (Ch) (20 February 2012)

High Court (Queen’s Bench Division)

Ibrahim v Swansea University [2012] EWHC 290 (QB) (20 February 2012)

High Court (Administrative Court)

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin) (20 February 2012)

High Court (Patents Court)

Nokia GmbH v Ipcom GmbH & Co KG [2012] EWHC 225 (Pat) (20 February 2012)

Source: www.bailii.org

Simcoe v Jacuzzi UK Group plc – WLR Daily

Posted February 20th, 2012 in civil procedure rules, costs, county courts, interest, law reports by sally

Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137; [2012] WLR (D) 35

“The date from which interest ran on an award of costs in the county court in favour of a successful litigant was, by reason of article 2 of the County Court (Interest on Judgment Debts) Order 1991, the date the order for costs was made, not the date on which costs were assessed or agreed. The discretion granted in making an award of costs by CPR r 40.8 did not apply and was ineffective in that court.”

WLR Daily, 16th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 20th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 (17 February 2012)

Oxford City Council v Basey [2012] EWCA Civ 115 (15 February 2012)

High Court (Queen’s Bench Division)

AB & Anor v Home Office [2012] EWHC 226 (QB) (16 February 2012)

Gold & Anor v Cox & Anor [2012] EWHC 272 (QB) (17 February 2012)

Independent Police Complaints Commission v Warner & Ors [2012] EWHC 271 (QB) (17 February 2012)

High Court (Administrative Court)

Bevan & Clarke LLP & Ors v Neath Port Talbot County Borough Council [2012] EWHC 236 (Admin) (17 February 2012)

Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012)

HA, R (on the application of) v London Borough of Hillingdon & Anor [2012] EWHC 291 (Admin) (17 February 2012)

Polestar Maritime Ltd v YHM Shipping Co Ltd & Anor [2012] EWHC 153 (Admin) (17 February 2012)

Jenkins v Gloucestershire County Council [2012] EWHC 292 (Admin) (17 February 2012)

High Court (Family Division)

Z (A Child), Re [2012] EWHC 139 (Fam) (02 February 2012)

High Court (Commercial Court)

Bank of Scotland Plc & Anor v United Breweries (Holdings) Ltd [2012] EWHC 134 (Comm) (13 January 2012)

Progress Bulk Carriers Ltd v Tube City IMS LLC [2012] EWHC 273 (Comm) (17 February 2012)

Source: www.bailii.org

Basey and others v Oxford City Council – WLR Daily

Posted February 17th, 2012 in benefits, community care, housing, law reports by sally

Basey and others v Oxford City Council [2012] EWCA Civ 115; [2012] WLR (D) 34

“Since the social security and housing legislation had not defined what ‘sheltered accommodation’ was, it was not legitimate for a housing authority to claim that a sheltered accommodation should have a warden or resident caretaking manager and emergency alarm to qualify as such to impose an obligation on the housing authority to pay the costs of fuel and cleaning of the rooms and windows of the housing benefit tenants living in the accommodation. Therefore, a special needs adult living in a four-bedroom property with three other special needs tenants each occupying a bedroom and sharing a kitchen, bath room, two toilets and two sitting rooms, provided with 24-hour care and support supervision staff to meet the tenants’ needs, was a sheltered accommodation such as to oblige the housing authority to pay the costs of fuel and cleaning expenses as part of the rent out of the housing benefit.”

WLR Daily, 15th February 2012

Source: www.iclr.co.uk

British Broadcasting Corporation and another v Sugar (No 2) – WLR Daily

Posted February 17th, 2012 in BBC, freedom of information, law reports, media by sally

British Broadcasting Corporation and another v Sugar (No 2) [2011] UKSC 4; [2012] WLR (D) 33

“Once it was established that information requested under the Freedom of Information Act 2000 was held by the BBC as a public authority for the purposes of journalism, it was effectively exempt from production under the Act, even if it was also held by the authority for other, possibly more important, purposes.”

WLR Daily, 15th February 2012

Source: www.iclr.co.uk