law reports – Page 185 – Current Awareness

“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

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