law reports – Page 184 – Current Awareness

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

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

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