law reports – Page 192 – Current Awareness

Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening – WLR Daily

Posted January 3rd, 2012 in aircraft, carbon dioxide emissions, EC law, law reports, news by sally

Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening); (Case C-366/10); [2011] WLR (D) 386

“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

Posted January 3rd, 2012 in EC law, freedom of movement, immigration, law reports by sally

Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening); (Joined Cases C-424/10 and C-425/10); [2011] WLR (D) 387

“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

Posted January 3rd, 2012 in asylum, EC law, immigration, law reports by sally

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); (Joined Cases C-411/10 and C-493/10); [2011] WLR (D) 388

“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

Posted December 21st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Revenue And Customs v AXA UK Plc [2011] EWCA Civ 1607 (20 December 2011)

High Court (Administrative Court)

Polat, R (On the Application Of) v The Secretary of State for the Home Department [2011] EWHC 3445 (Admin) (20 December 2011)

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

Posted December 20th, 2011 in law reports by sally

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)

Rajput & Anor, R (On the Application Of) v East Sussex County Council [2011] EWCA Civ 1577 (20 December 2011)

SS (Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547 (19 December 2011)

Bailey & Ors, R (on the application of) v London Borough of Brent Council & Ors [2011] EWCA Civ 1586 (19 December 2011)

Hutcheson v Popdog Ltd & Anor [2011] EWCA Civ 1580 (19 December 2011)

Naik, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1546 (19 December 2011)

Krasniqi, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1549 (19 December 2011)

Solomon v Cromwell Group Plc [2011] EWCA Civ 1584 (19 December 2011)

Rust-Andrews v First Tier Tribunal (Social Entitlement Chamber) & Anor [2011] EWCA Civ 1548 (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)

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

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

Posted December 19th, 2011 in law reports, news by sally

High Court (Administrative Court)

SS, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3390 (Admin) (16 December 2011)

Chapti & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWHC 3370 (Admin) (16 December 2011)

The Commissioner of Police of the Metropolis, R (on the application of) v Police Appeals Tribunal & Anor [2011] EWHC 3421 (Admin) (16 December 2011)

Mavalon Care Ltd & Ors, R (on the application of) v Pembrokeshire County Council [2011] EWHC 3371 (Admin) (16 December 2011)

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

Posted December 16th, 2011 in abuse of process, contamination, EC law, law reports, waste by sally

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

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by sally

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch); [2011] WLR (D) 367

“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

Posted December 16th, 2011 in habeas corpus, law reports, prisoners of war, transfer of prisoners by sally

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: [2011] EWCA Civ 1540; [2011] WLR (D) 368

“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

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by sally

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

Posted December 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Milton Keynes Council & Ors, R (on the application of) v Secretary of State for Communities & Local Government [2011] EWCA Civ 1575 (16 December 2011)

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)

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd & Anor [2011] EWCA Civ 1570 (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)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Ors (Costs) [2011] EWHC 3364 (Admin) (15 December 2011)

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)

Sandvik Intellectual Property AB v Kennametal UK Ltd & Anor [2011] EWHC 3311 (Pat) (15 December 2011)

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

Posted December 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

RO, R. v [2011] EWCA Crim 2910 (22 November 2011)

Court of Appeal (Civil Division)

Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs & Anor [2011] EWCA Civ 1540 (14 December 2011)

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)

Chief Constable of Dorset, R (on the application of) v Police Appeals Tribunal [2011] EWHC 3366 (Admin) (14 December 2011)

High Court (Family Division)

Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

High Court (Technology and Construction Court)

Astrazeneca UK Ltd v International Business Machines Corporation [2011] EWHC 3373 (TCC) (14 December 2011)

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

Posted December 15th, 2011 in law reports, murder, Supreme Court by sally

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

Regina v Kayani; Regina v Solliman – WLR Daily

Posted December 15th, 2011 in appeals, child abduction, kidnapping, law reports, sentencing by sally

Regina v Kayani; Regina v Solliman [2011] EWCA Crim 2871; [2011] WLR (D) 364

“Where a child had been abducted by a parent it no longer necessarily followed that for policy reasons a charge of kidnapping had always to be deemed inappropriate.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 14th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)

Court of Appeal (Civil Division)

Hayes v Willoughby [2011] EWCA Civ 1541 (13 December 2011)

Epsom College v Pierse Contracting Southern Ltd [2011] EWCA Civ 1449 (13 December 2011)

HM (Iraq) & Anor v Secretary of State for the Home Department [2011] EWCA Civ 1536 (13 December 2011)

Bent v Highways And Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)

Chalabi & Ors v Agha -Jaffar & Anor [2011] EWCA Civ 1535 (13 December 2011)

High Court (Administrative Court)

RS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2011] EWHC 3313 (Admin) (13 December 2011)

High Court (Chancery Division)

Lictor Anstalt (A Company) v MIR Steel UK Ltd & Ors [2011] EWHC 3310 (Ch) (13 December 2012)

Source: www.bailii.org

In re Bezier Acquisitions Ltd – WLR Daily

Posted December 14th, 2011 in administrators, insolvency, law reports by sally

In re Bezier Acquisitions Ltd [2011] EWHC 3299 (Ch); [2011] WLR (D) 362

“Rule 2.8 of the Insolvency Rules 1986 did not provide a complete and exhaustive code as to service of a notice of intention to appoint administrators.”

WLR Daily, 12th December 2011

Source: www.iclr.co.uk

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09) – WLR Daily

Posted December 14th, 2011 in competition, EC law, law reports, pharmacists, sale of goods by sally

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09); [2011] WLR (D) 359

“In the context of a selective distribution system, a contractual clause requiring sales of cosmetics and personal care products to be made in a physical space where a qualified pharmacist had to be present, resulting in a ban on the use of the internet for those sales, amounted to a restriction by object within the meaning of article 101(1)FEU of the FEU Treaty where it was apparent that that clause was not objectively justified. The block exemption provided for in article 2 of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L336, p 21) did not apply to a selective distribution contract which contained a clause prohibiting de facto the internet as a method of marketing.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Ziebell v Land Baden-Württemberg (Case C-371/08) – WLR Daily

Posted December 14th, 2011 in citizenship, drug offences, EC law, law reports by sally

Ziebell v Land Baden-Württemberg (Case C-371/08); [2011] WLR (D) 358

“Protection against expulsion conferred by article 14(1) of EEC-Turkey Association Council Decision No 1/80 did not have the same scope as that conferred on citizens of the Union pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC with the result that the scheme of protection against expulsion enjoyed by the latter could not be applied mutatis mutandis to Turkish nationals for the purpose of determining the meaning and scope of article 14(1) of Decision No 1/80.”

WLR Daily, 8th December 2011

Source: www.iclr.co.uk