Category: law reports
Delaney v Pickett and another – WLR Daily
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
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
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
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
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)
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)
Crossco No.4 UnLtd & Ors v Jolan Ltd & Ors [2011] EWCA Civ 1619 (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)
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)
Whiteside v The Director of Public Prosecutions [2011] EWHC 3471 (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)
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
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
Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening – WLR Daily
“Certain principles and provisions of international law could be relied upon to assess the validity of Parliament and Council Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. Examination of Directive 2008/101 in the light of those principles and provisions disclosed no factor affecting the Directive’s validity.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening) – WLR Daily
“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening – WLR Daily
“European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation (EC) No 343/2003 observed the fundamental rights of the European Union. Article 4 of the Charter of Fundamental Rights of the European Union meant that the member states, including the national courts, could not transfer an asylum seeker to the ‘member state responsible’ within the meaning of the Regulation where they could not be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that member state amounted to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of that provision.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Revenue And Customs v AXA UK Plc [2011] EWCA Civ 1607 (20 December 2011)
High Court (Administrative Court)
High Court (Chancery Division)
Perdoni & Anor v Curati [2011] EWHC 3442 (Ch) (20 December 2011)
High Court (Family Division)
P & L (Minors), Re [2011] EWHC 3431 (Fam) (20 December 2011)
SH v MM & Anor [2011] EWHC 3314 (Fam) (13 December 2011)
High Court (Queen’s Bench Division)
Morrison v Buckinghamshire County Council & Anor [2011] EWHC 3444 (QB) (20 December 2011)
Source: www.bailii.org
BAILII: Recent Decisions
Supreme Court
Gnango, R. v [2011] UKSC 59 (14 December 2011)
Secretary of State for Work and Pensions v Payne & Anor [2011] UKSC 60 (14 December 2011)
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 (14 December 2011)
Court of Appeal (Civil Division)
Revenue And Customs v Lansdowne Partners Ltd Partnership [2011] EWCA Civ 1578 (20 December 2011)
Ablyazov & Ors v JSC BTA Bank [2011] EWCA Civ 1588 (20 December 2011)
Hosso v European Credit Management Ltd [2011] EWCA Civ 1589 (20 December 2011)
Key2Law (Surrey) LLP v De’ Antiquis [2011] EWCA Civ 1567 (20 December 2011)
SS (Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547 (19 December 2011)
Hutcheson v Popdog Ltd & Anor [2011] EWCA Civ 1580 (19 December 2011)
Solomon v Cromwell Group Plc [2011] EWCA Civ 1584 (19 December 2011)
Sayce v TNT (UK) Ltd [2011] EWCA Civ 1583 (19 December 2011)
Ali v Esure Services Ltd [2011] EWCA Civ 1582 (19 December 2011)
High Court (Administrative Court)
Linden Homes Ltd v Bromley Borough Council [2011] EWHC 3430 (Admin) (19 December 2011)
High Court (Commercial Court)
RGI International Ltd & Anor v Synergy Classic Ltd & Ors [2011] EWHC 3417 (Comm) (19 December 2011)
High Court (Queen’s Bench Division)
Cherrilow Ltd v Osmond Solicitors Ltd & Anor [2011] EWHC 3443 (QB) (20 December 2011)
AB v Barristers Benevolent Association Ltd [2011] EWHC 3413 (QB) (19 December 2011)
Grant & Anor v The Ministry of Justice [2011] EWHC 3379 (QB) (19 December 2011)
Customer Systems Plc v Ranson & Ors [2011] EWHC 3304 (QB) (16 December 2011)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Administrative Court)
Atkinson v Director of Public Prosecutions [2011] EWHC 3363 (Admin) (16 December 2011)
High Court (Chancery Division)
Benesco Charity Ltd v Kanj & Anor [2011] EWHC 3415 (Ch) (16 December 2011)
High Court (Commercial Court)
Senergy Ltd v Zeus Petroleum Ltd [2011] EWHC 3382 (Comm) (15 December 2011)
Source: www.bailii.org
Regina v Ideal Waste Paper Co Ltd and others – WLR Daily
Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D) 370
“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily
“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
“Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context of an application for the issue of the writ.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
Spaceright Europe Ltd v Baillavoine and another – WLR Daily
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369
“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Terluk v Berezovsky [2011] EWCA Civ 1534 (15 December 2011)
Banks v Morgan & Ors [2011] EWCA Civ 1568 (15 December 2011)
Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1572 (15 December 2011)
Titshall v Qwerty Travel Ltd [2011] EWCA Civ 1569 (15 December 2011)
Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 (14 December 2011)
Court of Appeal (Criminal Division)
McDonald v R [2011] EWCA Crim 2933 (16 December 2011)
S & Anor v R. [2011] EWCA Crim 2872 (13 December 2011)
High Court (Administrative Court)
High Court (Chancery Division)
Francis v F Berndes Ltd & Ors [2011] EWHC 3377 (Ch) (15 December 2011)
Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) (14 December 2011)
High Court (Commercial Court)
PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)
Welven Ltd v Soar Group Ltd & Anor [2011] EWHC 3240 (Comm) (09 December 2011)
High Court (Family Division)
NG v SG (Appeal: Non-disclosure) [2011] EWHC 3270 (Fam) (09 December 2011)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)
Doy v Gunn [2011] EWHC 3344 (QB) (15 December 2011)
Raab MP v Associated Newspapers Ltd [2011] EWHC 3375 (QB) (15 December 2011)
Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)
High Court (Technology and Construction Court)
ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
RO, R. v [2011] EWCA Crim 2910 (22 November 2011)
Court of Appeal (Civil Division)
Spaceright Europe Ltd v Baillavoine & Anor [2011] EWCA Civ 1565 (14 December 2011)
High Court (Queen’s Bench Division)
Norman v Cheshire Fire & Rescue Service [2011] EWHC 3305 (QB) (14 December 2011)
High Court (Administrative Court)
High Court (Family Division)
Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)
High Court (Technology and Construction Court)
Alstom Power Ltd. v Somi Impianti S.R.L. [2011] EWHC 3157 (TCC) (21 November 2011)
Source: www.bailii.org
Regina v Gnango – WLR Daily
Regina v Gnango [2011] UKSC; [2011] WLR (D) 365
“When two gunmen chose to indulge in a gunfight in a public place, each intending to kill or cause serious injury to the other, in circumstances where there was a foreseeable risk that an innocent bystander might be injured or killed, and one of the gunmen accidenatally shot and killed a passerby, both gunmen were guilty of murder.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
