law reports – Page 191 – Current Awareness

“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

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by sally

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574; [2011] WLR (D) 39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by sally

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579; [2011] WLR (D) 392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Padden v Bevan Ashford (a firm) – WLR Daily

Posted January 5th, 2012 in appeals, law reports, negligence, solicitors by sally

Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616; [2011] WLR (D) 393

“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 3rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Tim Martin Interiors Ltd v Akin Gump LLP [2011] EWCA Civ 1574 (21 December 2011)

Padden v Bevan Ashford Solicitors [2011] EWCA Civ 1616 (21 December 2011)

Kinnear v Whittaker [2011] EWCA Civ 1609 (21 December 2011)

Q (A Child) [2011] EWCA Civ 1610 (21 December 2011)

Delaney v Pickett & Anor [2011] EWCA Civ 1532 (21 December 2011)

Lanes Group Plc v Galliford Try Infrastructure Ltd (t/a Galliford Try Rail) [2011] EWCA Civ 1617 (21 December 2011)

Maioriello & Ors v Ashdale Land and Property Company Ltd [2011] EWCA Civ 1618 (21 December 2011)

Brumwell v Powys County Council [2011] EWCA Civ 1613 (21 December 2011)

Ryanair Holdings Plc v Office of Fair Trading & Anor [2011] EWCA Civ 1579 (21 December 2011)

Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1615 (21 December 2011)

Sandhar, R (on the application of) v Office of the Independent Adjudicator for Higher Education & Anor [2011] EWCA Civ 1614 (21 December 2011)

Crossco No.4 UnLtd & Ors v Jolan Ltd & Ors [2011] EWCA Civ 1619 (21 December 2011)

Birkett v The Department for the Environment, Food and Rural Affairs [2011] EWCA Civ 1606 (21 December 2011)

Petrodel Resources Ltd v Le Breton [2011] EWCA Civ 1605 (21st December 2011)

Pearson & Ors v Lehman Brothers Finance S.A. [2011] EWCA Civ 1544 (21 December 2011)

A and L (Children) [2011] EWCA Civ 1611 (21 December 2011)

Omar, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2011] EWCA Civ 1587 (21 December 2011)

Court of Appeal (Criminal Division)

Singh v R [2011] EWCA Crim 2992 (21 December 2011)

James & Anor v R [2011] EWCA Crim 2991 (21 December 2011)

Barnett, R v [2011] EWCA Crim 2936 (21 December 2011)

Phillips v R. [2011] EWCA Crim 2935 (21 December 2011)

High Court (Administrative Court)

Roberts, R (on the application of) v The Welsh Ministers & Anor [2011] EWHC 3416 (Admin) (22 December 2011)

Willoughby, R (on the application of) v Category A Review Team [2011] EWHC 3483 (Admin) (21 December 2011)

British Sky Broadcasting Ltd, R (on the application of) v The Central Criminal Court & Anor [2011] EWHC 3451 (Admin) (21 December 2011)

Greenwich Community Law Centre, R (On the Application Of) v Greenwich London Borough Council [2011] EWHC 3463 (Admin) (21 December 2011)

Whiteside v The Director of Public Prosecutions [2011] EWHC 3471 (Admin) (21 December 2011)

MWA, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWHC 3488 (Admin) (21 December 2011)

High Court (Chancery Division)

McKillen v Misland (Cyprus) Investments Ltd & Ors [2011] EWHC 3466 (Ch) (21 December 2011)

Atkinson v Corcoran & Ors [2011] EWHC 3484 (Ch) (21 December 2011)

Virtualpurple Professional Services Ltd, Re [2011] EWHC 3487 (Ch) (21 December 2011)

Ackerman v Ackerman & Ors [2011] EWHC 3428 (Ch) (21 December 2011)

Mulcaire v News Group Newspapers Ltd [2011] EWHC 3469 (Ch) (21 December 2011)

National Westminster Bank Plc v Msaada Group (a firm) & Ors [2011] EWHC 3423 (Ch) (21 December 2011)

High Court (Commercial Court)

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

High Court (Family Division)

V v V [2011] EWHC 3230 (Fam) (21 December 2011)

High Court (Patents Court

Convatec Ltd & Ors v Smith & Nephew Healthcare Ltd & Ors [2011] EWHC 3461 (Pat) (21 December 2011)

High Court (Queen’s Bench Division)

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen (Rev 1) [2011] EWHC 3506 (QB) (22 December 2011)

Rothschild v Associated Newspapers Ltd [2011] EWHC 3462 (QB) (21 December 2011)

Coulson v Newsgroup Newspapers Ltd [2011] EWHC 3482 (QB) (21 December 2011)

Neocleous v Jones [2011] EWHC 3459 (QB) (21 December 2011)

High Court (Technology and Construction Court)

Natas Group Ltd. (In Administration) v Styles & Wood Ltd. [2011] EWHC 3464 (TCC) (22 December 2011)

Alstom Power Ltd v Somi Impianti SRL [2011] EWHC 3941 (TCC) (21 December 2011)

Leander Construction Ltd v Mulalley & Company Ltd [2011] EWHC 3449 (TCC) (21 December 2011)

Source: www.bailii.org

Regina v Barnett – WLR Daily

Posted January 3rd, 2012 in appeals, confiscation, law reports, prostitution, sentencing by sally

Regina v Barnett; [2011] EWCA Crim 2936; [2011] WLR (D) 385

“In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Ian Stanley Barnett, against a confiscation order made by Judge Hernandez in the Crown Court at Manchester on 2 February 2011 on the basis of an assessment that the defendant’s financial benefit from his general criminal conduct was £5,085,22·70 and substituting the figure of £873,010.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk