law reports – Page 183 – Current Awareness

“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

O’Brien v Ministry of Justice – WLR Daily

Posted March 6th, 2012 in contract of employment, EC law, employment, judiciary, law reports, part-time work, pensions by sally

O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58

“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”

WLR Daily, 1st March 2012

Source: www.iclr.co.uk

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others – WLR Daily

Posted March 6th, 2012 in copyright, database right, EC law, law reports by sally

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57

“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”

WLR Daily, 1st March 2012

Source: www.iclr.co.uk

Regina v B – WLR Daily

Posted March 6th, 2012 in appeals, crime, DNA, evidence, law reports, retrials by sally

Regina v B [2012] WLR (D) 56

“For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 5th, 2012 in law reports by sally

Court of Appeal (Civil Division)

TMF Trustees Singapore Ltd v HM Revenue and Customs [2012] EWCA Civ 192 (02 March 2012)

Smith Brothers Farms Ltd v The Canwell Estate Company Ltd [2012] EWCA Civ 237 (02 March 2012)

Court of Appeal (Criminal Division)

Ahmad & Anor v R [2012] EWCA Crim 391 (02 March 2012)

High Court (Administrative Court)

W, R (on the application of) v Warwickshire Police [2012] EWHC 406 (Admin) (02 March 2012)

Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 444 (Admin) (02 March 2012)

High Court (Chancery Division)

Premier Foods Group Services Ltd & Anor v RHM Pension Trust Ltd [2012] EWHC 447 (Ch) (02 March 2012)

High Court (Queen’s Bench Division)

Giggs v News Group Newspapers Ltd & Anor [2012] EWHC 431 (QB) (02 March 2012)

Tamiz v Google Inc Google UK Ltd [2012] EWHC 449 (QB) (02 March 2012)

Serious Organised Crime Agency v Coghlan & Anor [2012] EWHC 429 (QB) (01 March 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 2nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

George Wimpey Manchester Ltd v Valley and Vale Properties Ltd & Ors [2012] EWCA Civ 233 (01 March 2012)

Thompson & Anor v Middleton [2012] EWCA Civ 231 (01 March 2012)

High Court (Chancery Division)

Adobe Systems Incorporated v Netcom Online.Co.UK Ltd & Anor [2012] EWHC 446 (Ch) (02 March 2012)

High Court (Queen’s Bench Division)

Joyce v West Bus Coach Services Ltd [2012] EWHC 404 (QB) (01 March 2012)

Source: www.bailii.org

Independent Trustee Services Ltd v Morris – WLR Daily

Posted March 2nd, 2012 in assets recovery, disclosure, financial provision, law reports, married persons by sally

Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195; [2012] WLR (D) 55

“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Regina v S(C) – WLR Daily

Posted March 2nd, 2012 in child abduction, child abuse, law reports, necessity by sally

Regina v S(C): [2012] EWCA Crim 389; [2012] WLR (D) 54

“Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening) – WLR Daily

Posted March 2nd, 2012 in client accounts, financial regulation, insolvency, law reports, trusts by sally

Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening): [2012] UKSC 6: [2012] WLR (D) 53

“The ‘client money pool’ to be distributed among former clients of Lehman Brothers’ London affiliate was not limited to money which had been placed in segregated client accounts, as required by the Financial Services Authority, but extended to identifiable client money which the company had failed to segregate and had retained in its own house accounts. The pool was to be distributed rateably among all clients who had a contractual entitlement to have money segregated and not just those in whose favour segregation had actually occurred.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Posted March 2nd, 2012 in conflict of laws, debts, default judgments, enforcement, foreign jurisdictions, human rights, law reports by sally

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196; [2012] WLR (D) 51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 1st, 2012 in law reports by sally

Supreme Court

Anderson v Shetland Islands Council & Anor [2012] UKSC 7 (29 February 2012)

Lehman Brothers International (Europe), Re [2012] UKSC 6 (29 February 2012)

Court of Appeal (Civil Division) Decisions

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz [2012] EWCA Civ 196 (29 February 2012)

Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV “Rowan” [2012] EWCA Civ 198 (29 February 2012)

An Informer v A Chief Constable [2012] EWCA Civ 197 (29 February 2012)

Court of Appeal (Criminal Division) Decisions

CS, R v [2012] EWCA Crim 389 (29 February 2012)

High Court (Administrative Court) Decisions

NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) (29 February 2012)

Jedrzejczyk v Circuit Court In Olsztyn, Poland [2012] EWHC 400 (Admin) (29 February 2012)

High Court (Technology and Construction Court) Decisions

West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC) (27 February 2012)

Source: www.bailii.org

Department for Education v Molyneux – WLR daily

Posted March 1st, 2012 in appeals, evidence, law reports, medical records, pensions, teachers by sally

Department for Education v Molyneux: [2012] EWCA Civ 193; [2012] WLR (D) 50

“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Lawrence and another v Fen Tigers Ltd (in liquidation) and others – WLR Daily

Posted March 1st, 2012 in appeals, law reports, noise, nuisance, planning, sport by sally

Lawrence and another v Fen Tigers Ltd (in liquidation) and others: [2012] EWCA Civ 26; [2012] WLR (D) 49

“If the character of a locality had been changed as a consequence of planning permission having been granted and implemented, then the question whether particular activities in that locality constituted a nuisance should be decided against the background of its changed character. One consequence might be that otherwise offensive activities in that locality would cease to constitute a nuisance.”

WLR Daily, 27th February 2012

Source: www.iclr.co.uk

Cartwright and another v Registrar of Companies – WLR Daily

Posted March 1st, 2012 in administration orders, insolvency, law reports by sally

Cartwright and another v Registrar of Companies: [2012] EWHC 359 (Ch); [2012] WLR (D) 48

“Where a company’s administrators sent notice to the registrar of companies to place the company into voluntary liquidation, and the notice was sent and received by the registrar before the termination of the administration, but the administrative steps to bring about that registration occurred after the end of administration, paragraph 83(4) of Schedule 1B to the Insolvency Act 1986 should be interpreted as requiring registration with effect from the day of receipt. The phrases in paragraph 83(6) ‘on the registration of a notice’ and ‘on the day on which the notice is registered’ were treated as references to the effective date of registration, ie the date of receipt of the notice.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 29th, 2012 in law reports by sally

Court of Appeal (Civil Division) Decisions

Department for Education v Molyneux [2012] EWCA Civ 193 (28 February 2012)

Independent Trustee Services Ltd v GP Noble Trustees Ltd & Ors [2012] EWCA Civ 195 (28 February 2012)

High Court (Administrative Court) Decisions

Secretary of State for the Home Department v Tuncel & Anor [2012] EWHC 402 (Admin) (28 February 2012)

High Court (Commercial Court) Decisions

Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors [2012] EWHC 306 (Comm) (28 February 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 28th, 2012 in law reports by sally

Court of Appeal (Civil Division) Decisions

MD (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 194 (28 February 2012)

Goldsmith v Patchcott [2012] EWCA Civ 183 (27 February 2012)

Coventry (t/a RDC Promotions & Anor v Lawrence & Ors [2012] EWCA Civ 26 (27 February 2012)

High Court (Chancery Division) Decisions

Various Claimants v News Group Newspapers Ltd & Anor [2012] EWHC 397 (Ch) (27 February 2012)

Source: www.bailii.org

Edgerton v Edgerton and another – WLR Daily

Posted February 28th, 2012 in appeals, estoppel, financial provision, law reports by sally

Edgerton v Edgerton and another: [2012] EWCA Civ 181; [2012] WLR (D) 47

“Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. If one party wished to argue that the earlier decision should not bind the parties because it had been obtained by fraud or collusion, the proper course was to apply to set aside the first judgment.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk