law reports – Page 188 – Current Awareness

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 23rd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clarke v R [2012] EWCA Crim 9 (20 January 2012)

Oliver, R. v [2011] EWCA Crim 3114 (21 December 2011)

Lawrence, R. v [2011] EWCA Crim 3129 (16 December 2011)

Court of Appeal (Civi Division)

Eastenders Cash & Carry Plc & Ors v HM Revenue & Customs [2012] EWCA Civ 15 (20 January 2012)

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14 (20 January 2012)

Charnock & Ors v Rowan & Ors [2012] EWCA Civ 2 (20 January 2012)

Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012)

Apimed Medical Honey Ltd v Brightwake Ltd (t/a Advancis Medical) [2012] EWCA Civ 5 (20 January 2012)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch) (20 January 2012)

High Court (Administrative Court)

Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 (Admin) (20 January 2012)

Gresty & Anor, R (on the application of) v Knowsley Metropolitan Borough Council [2012] EWHC 39 (Admin) (19 January 2012)

High Court (Commercial Court)

Sealion Shipping Ltd & Anor v Valiant Insurance Company [2012] EWHC 50 (Comm) (20 January 2012)

Chantiers De L’atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383 (Comm) (20 December 2011)

Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2012] EWHC 7 (Comm) (20 January 2012)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC) (19 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 20th, 2012 in law reports by sally

Court of Appeal (Civil Division)

McClure & Anor, R (on the application of) v The Commissioner of Police of the Metropolis [2012] EWCA Civ 12 (19 January 2012)

Global 5000 Ltd v Wadhawan [2012] EWCA Civ 13 (19 January 2012)

High Court (Commercial Court)

Glen Dimplex Home Applicances Ltd v Smith & Ors [2011] EWHC 3392 (Comm) (20 December 2011)

Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG & Ors [2011] EWHC 3381 (Comm) (19 December 2011)

High Court (Family Division)

Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) (19 January 2012)

High Court (Queen’s Bench Division)

City of London v Samede & Ors [2012] EWHC 34 (QB) (18 January 2012)

Source: www.bailii.org

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clancy, R. v [2012] EWCA Crim 8 (18 January 2012)

Edwards (Formerly Steadman) v R [2012] EWCA Crim 5 (18 January 2012)

Randhawa & Ors v R [2012] EWCA Crim 1 (18 January 2012)

Hafiz & Orsl v R [2012] EWCA Crim 4 (18 January 2012)

Randhawa v R [2012] EWCA Crim 3 (18 January 2012)

Court of Appeal (Civil Division)

Horler v Rubin & Ors [2012] EWCA Civ 4 (18 January 2012)

North Shore Ventures Ltd v Anstead Holdings Inc [2012] EWCA Civ 11 (18 January 2012)

Muse & Ors v Entry Clearance Officer [2012] EWCA Civ 10 (18 January 2012)

Taylor v Lambert & Anor [2012] EWCA Civ 3 (18 January 2012)

TM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 9 (18 January 2012)

Howard v Howard-Lawson BT [2012] EWCA Civ 6 (18 January 2012)

High Court (Chancery Division)

Rahman & Ors v HSBC Bank Plc & Ors [2012] EWHC 11 (Ch) (17 January 2012)

Electrical Waste Recycling Group Ltd & Anor v Philips Electronics UK Ltd & Ors [2012] EWHC 38 (Ch) (18 January 2012)

High Court (Queen’s Bench Division)

Bennett v Stephens & Anor [2012] EWHC 1 (QB) (18 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clinton, R. v [2012] EWCA Crim 2 (17 January 2012)

High Court (Chancery Division)

Royal Bank of Scotland v Revenue And Customs [2012] EWHC 9 (Ch) (17 January 2012)

Armstrong DLW GmbH v Winnington Networks Ltd [2012] EWHC 10 (Ch) (11 January 2012)

High Court (Queen’s Bench Division)

Thomas Brown Estates Ltd v Hunters Partners Ltd [2012] EWHC 30 (QB) (17 January 2012)

Legal Services Commission v Loomba [2012] EWHC 29 (QB) (17 January 2012)

High Court (Administrative Court)

Pimlott v Varcity Accommodation Ltd [2012] EWHC 19 (Admin) (17 January 2012)

Jethwa & Ors v the Government of the United States of America [2012] EWHC 31 (Admin) (17 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

JBW Group Ltd v Ministry of Justice [2012] EWCA Civ 8 (16 January 2012)

High Court (Administrative Court)

MK, R (on the application of) v Secretary of State for Home Department [2012] EWHC 18 (Admin) (16 January 2012)

High Court (Patents Court)

Benker v The Comptroller General of Patents [2011] EWHC 3604 (Pat) (22 November 2011)

Source: www.bailii.org

Tweet you in court – The Lawyer

Posted January 17th, 2012 in courts, internet, law reports, news by sally

“Last month, the Lord Chief Justice delivered guidance clearing the way for Tweeting from Court.”

Full story

The Lawyer, 16th January 2012

Source: www.thelawyer.com

BAILII: Recent Decisions

Posted January 16th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

M, R. v [2011] EWCA Crim 2998 (24 November 2011)

High Court (Commercial Court)

Alliance Bank JSC v Aquanta Corporation & Ors [2011] EWHC 3281 (Comm) (14 December 2011)

High Court (Patents Court)

Omnipharm Ltd v Merial [2011] EWHC 3393 (Pat) (21 December 2011)

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co KG [2011] EWHC 3460 (Pat) (21 December 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 13th, 2012 in law reports by sally

The Value Added Tax (Land Exemption) Order 2012

The Libya (Asset-Freezing) (Amendment) Regulations 2012

The Specified Products from China (Restriction on First Placing on the Market) (England) (Amendment) Regulations 2012

The Non-Domestic Rating (Electronic Communications) (England) Order 2012

The Non-Domestic Rating (Collection and Enforcement) (Amendment) (England) Regulations 2012

The Education (Head Teachers’ Qualifications) (England) (Revocation) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

JBol Ltd, R (on the application of) v The Health Protection Agency [2012] EWCA Civ 1 (12 January 2012)

High Court (Queen’s Bench Division)

Thomas Brown Estates Ltd v Hunters Partners Ltd [2012] EWHC 21 (QB) (12 January 2012)

Fitzpatrick & Ors v The Commissioner of Police of the Metropolis [2012] EWHC 12 (QB) (11 January 2012)

High Court (Chancery Division)

SB Corporate Solutions Ltd v Prescott & Anor [2011] EWHC B25 (Ch) (22 December 2011)

High Court (Administrative Court)

The Children’s Rights Alliance for England v Secretary of State for Justice [2012] EWHC 8 (Admin) (11 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 12th, 2012 in law reports by sally

High Court (Chancery Division)

Avocet Industrial Estates LLP v Merol Ltd & Anor [2011] EWHC 3422 (Ch) (19 December 2011)

High Court (Administrative Court)

British Broadcasting Corporation (BBC) & Anor, R (on the application of) v Ahmad [2012] EWHC 13 (Admin) (11 January 2012)

High Court (Commercial Court)

Ener-G Holdings Plc v Hormell [2011] EWHC 3290 (Comm) (14 December 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 11th, 2012 in law reports by sally

High Court (Family Division)

A v L [2011] EWHC 3150 (Fam) (07 December 2011)

High Court (Technology and Construction Court)

AMP v Persons Unknown [2011] EWHC 3454 (TCC) (20 December 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 9th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Dell’olio v Associated Newspapers Ltd [2011] EWHC 3472 (QB) (20 December 2011)

Source: www.bailii.org

BAILII – Recent Decisions

Posted January 6th, 2012 in law reports by sally

High Court (Chancery Division)

Maltby Holdings Ltd v Spratt & Anor [2012] EWHC 4 (Ch) (05 January 2012)

National Westminster Bank Plc v Msaada Group (a firm) & Ors [2012] EWHC 5 (Ch) (05 January 2012)

Source: www.bailii.org

Ackerman v Ackerman and others – WLR Daily

Posted January 6th, 2012 in law reports by sally

Ackerman v Ackerman and others; [2011] EWHC 3428 (Ch); [2011] WLR (D) 399

“The test for materiality in cases where an expert, appointed to make a determination, was alleged to have departed from his express or implied procedural instructions including an obligation of fairness was that: (a) if the decision was inevitable, it would not be material; (b) whether a determination was otherwise invalidated depended upon all the circumstances of the case, the nature of the omission or departure, and the effect it had on the expert in reaching his decision.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Regina v James and another – WLR Daily

Posted January 5th, 2012 in appeals, confiscation, law reports, sentencing by sally

Regina v James and another; [2011] EWCA Crim 2991; [2011] WLR (D) 389

“Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 5th, 2012 in law reports by sally

Thewlis v Groupama Insurance Company Ltd [2012] EWHC 3 (TCC) (05 January 2012)

Source: www.bailii.org.uk

Delaney v Pickett and another – WLR Daily

Posted January 5th, 2012 in appeals, defences, drug abuse, ex turpi causa, law reports, negligence, news, road traffic by sally

Delaney v Pickett and another; [2011] EWCA Civ 1532; [2011] WLR (D) 390

“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk