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

BAILII: Recent Decisions

Posted March 13th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

British Pregnancy Advisory Service v The Person Using the Alias ‘Pablo Escobar’ [2012] EWHC 572 (QB) (12 March 2012)

Nicklinson v Ministry of Justice & Ors [2012] EWHC 304 (QB) (12 March 2012)

High Court (Chancery Division)

D R Sheridan LLP v Higgins & Anor [2012] EWHC 547 (Ch) (12 March 2012)

JSC BTA Bank v Solodchenko & Ors [2012] EWHC 550 (Ch) (08 March 2012)

High Court (Family Division)

A v SM & Anor [2012] EWHC 435 (Fam) (25 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Alanov v Sussex Police [2012] EWCA Civ 234 (01 March 2012)

High Court (Chancery Division)

Souglides v Tweedie & Anor [2012] EWHC 561 (Ch) (12 March 2012)

High Court (Administrative Court)

Vörös v The District Courts of Sopron, Gyor and Zalaegerszeg, Hungary [2012] EWHC 518 (Admin) (12 March 2012)

Source: www.bailii.org

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Miah and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in human rights, immigration, law reports by sally

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68

“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Gedeon Richter plc v Bayer Schering Pharma AG – WLR Daily

Posted March 12th, 2012 in law reports, medicines, patents by sally

Gedeon Richter plc v Bayer Schering Pharma AG [2012] EWCA Civ 235; [2012] WLR (D) 66

“On an application for the revocation of a registered patent on the ground of obviousness it was sufficient for the judge hearing the case to take an objective view whether a skilled formulator would take the trouble to obtain copies of papers published by inventors or review their contents to ascertain whether the patent in question related to an invention which was novel. The judge was not obliged to consider what view a notional team that included a medicinal chemist, pharmacologists and biochemists would take as to the issue of obviousness or whether something would have been ‘obvious to try’.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 9th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Far East Chartering Ltd & Anor v Great Eastern Shipping Company Ltd [2011] EWCA Civ 180 (09 March 2012)

Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd & Anor [2012] EWCA Civ 265 (09 March 2012)

Woodland v Essex County Council [2012] EWCA Civ 239 (09 March 2012)

Hussain & Anor v Bank of Scotland Plc [2012] EWCA Civ 264 (08 March 2012)

Whitehead v Trustees of the Chatsworth Settlement [2012] EWCA Civ 263 (08 March 2012)

Court of Appeal (Criminal Division)

Lambert & Anor v R. [2012] EWCA Crim 421 (08 March 2012)

High Court (Administrative Court)

Murphy v Media Protection Services Ltd [2012] EWHC 529 (Admin) (08 March 2012)

High Court (Chancery Division)

Procter & Gamble & Ors v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 498 (Ch) (08 March 2012)

High Court (Commercial Court)

British Waterways v Royal & Sun Alliance Insurance Plc [2012] EWHC 460 (Comm) (07 March 2012)

Source: www.bailii.org

Whitehead v Trustees of the Chatsworth Settlement – WLR Daily

Posted March 9th, 2012 in health & safety, law reports, personal injuries, statutory duty by sally

Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263;  [2012] WLR (D)  65

“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk

 

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport – WLR Daily

Posted March 8th, 2012 in appeals, EC law, internet, law reports by sally

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport [2012] EWCA Civ 232; [2012] WLR (D) 63

“The online infringement copyright provisions contained in sections 124A to 124N of the Communications Act 2003, as inserted, were not incompatible with European Union law.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

Regina v Ahmad and another – WLR Daily

Posted March 8th, 2012 in appeals, confiscation, fraud, law reports, VAT by sally

Regina v Ahmad and another [2012] EWCA Crim 391; [2012] WLR (D) 62

“Sums banked as the result of the sale or purported sale of goods by a buffer company in the course of a carousel fraud generating false claims for the repayment of VAT were not property obtained ‘in connection with [the] commission’ of the offence within section 71(4) of the Criminal Justice Act 1988.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 8th, 2012 in law reports by sally

Supreme Court

W (Algeria) & Anor v Secretary of State for the Home Department [2012] UKSC 8 (7 March 2012)

Court of Appeal (Civil Division)

Gedeon Richter Plc v Bayer Pharma AG [2012] EWCA Civ 235 (07 March 2012)

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012)

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260 (07 March 2012)

Zieleniewski v Scheyd & Anor [2012] EWCA Civ 247 (06 March 2012)

Taylor v Betterment Properties (Weymouth) Ltd & Anor [2012] EWCA Civ 250 (07 March 2012)

Brewer v Mann & Ors [2012] EWCA Civ 246 (07 March 2012)

High Court (Chancery Division)

Toth v Emirates & Anor [2012] EWHC 517 (Ch) (07 March 2012)

High Court (Administrative Court)

Barrett, R (on the application of) v London Borough of Lambeth [2012] EWHC 4557 (Admin) (29 February 2012)

Walker-Smith v General Medical Council [2012] EWHC 503 (Admin) (07 March 2012)

High Court (Technology and Construction Court)

Natas Group Ltd v Styles & Wood Ltd [2012] EWHC 526 (TCC) (07 March 2012)

Source: www.bailii.org

Regina v Meeking – WLR Daily

Posted March 7th, 2012 in appeals, homicide, law reports, road traffic offences by sally

Regina v Meeking [2012] WLR (D) 60

Interference with a motor vehicle contrary to section 22A(1)(b) of the Road Traffic Act 1988, included acts done while the vehicle was being driven which did not have to be external to the vehicle.

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 6th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Blackwood, R v [2012] EWCA Crim 390 (05 March 2012)

Court of Appeal (Civil Division)

British Telecommunications Plc , R (on the application of) v BPI (British Recorded Music Industry) Ltd & Ors [2012] EWCA Civ 232 (06 March 2012)

High Court (Queen’s Bench Division)

Abertawe Bro Morgannwg University Local Health Board v Iorashi [2012] EWHC 448 (QB) (05 March 2012)

KC v MGN Ltd [2012] EWHC 483 (QB) (05 March 2012)

WXY v Gewanter & Ors [2012] EWHC 496 (QB) (06 March 2012)

High Court (Administrative Court)

Lawrence v The General Medical Council [2012] EWHC 464 (Admin) (02 March 2012)

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin) (06 March 2012)

High Court (Family Division)

Fisher Meredith LLP v JH & Anor (Rev 2) [2012] EWHC 408 (Fam) (02 March 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 455 (Comm) (29 February 2012)

Source: www.bailii.org

Canwell Estate Co Ltd v Smith Brothers Farms Ltd – WLR Daily

Posted March 6th, 2012 in appeals, law reports, rent, restrictive covenants by sally

Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59

“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

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