law reports – Page 200 – Current Awareness

“Rule 7.55 of the Insolvency Rules 1986 could not be used by the court to waive defects of a relatively technical nature in the out of court appointment of administrators and such a change should only be brought about by legislation.”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

Pryor v Chief Constable of the Greater Manchester Police – WLR Daily

Posted July 5th, 2011 in appeals, insurance, law reports, police, road traffic offences by sally

Pryor v Chief Constable of the Greater Manchester Police [2011] EWCA Civ 749; [2011] WLR (D) 214

“Where the police exercised powers to seize the vehicle of a driver who was driving a friend’s car, but who was in fact insured to drive the vehicle in question and had the written permission of the owner to do so, the seizure could found liability in tort.”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 4th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell & Anor v R. [2011] EWCA Crim 1652 (01 July 2011)

Court of Appeal (Civil Division)

Wardle v Credit Agricole Corporate and Investment Bank [2011] EWCA Civ 770 (01 July 2011)

High Court (Queen’s Bench Division)

Charles Terence Estates Ltd v The Cornwall Council [2011] EWHC 1683 (QB) (28 June 2011)

Bristol Alliance Ltd v Williams & Anor [2011] EWHC 1657 (QB) (01 July 2011)

Jani-King (Gb) Ltd. v Alan James Manchett [2011] EWHC 1659 (QB) (01 July 2011)

High Court (Administrative Court)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1) [2011] EWHC 1714 (Admin) (01 July 2011)

High Court (Admiralty Division)

Samco Europe, The Owners or Charterers of the Ship v MSC Prestige, The Owners or Charterers of the Ship [2011] EWHC 1656 (Admlty) (30 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Pryor v Greater Manchester Police [2011] EWCA Civ 749 (30 June 2011)

Clark v Bourne Leisure Ltd [2011] EWCA Civ 753 (30 June 2011)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 771 (01 July 2011)

Grant v HM Land Registry [2011] EWCA Civ 769 (01 July 2011)

High Court (Administrative Court)

Flinders, R (on the application of) v The Director of High Security & Ors [2011] EWHC 1630 (Admin) (30 June 2011)

High Court (Chancery Division)

Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) (30 June 2011)

Frontsouth (Witham) Ltd & Anor, Re [2011] EWHC 1668 (Ch) (30 June 2011)

High Court Commercial Court)

Gard Marine & Energy Ltd. v Tunnicliffe & Ors [2011] EWHC 1658 (Comm) (30 June 2011)

High Court (Queen’s Bench Division)

Ashcroft v Foley & Ors [2011] EWHC 1710 (QB) (01 July 2011)

Maritsave Ltd v National Farmers Union Mutual Insurance Society Ltd. [2011] EWHC 1660 (QB) (01 July 2011)

MacIntyre v Ministry of Defence [2011] EWHC 1690 (QB) (30 June 2011)

Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) (30 June 2011)

Source: www.bailii.org

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others – WLR Daily

Posted July 1st, 2011 in demonstrations, enforcement, harassment, injunctions, law reports, representative actions by sally

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others [2011] EWCA Civ 752; [2011] WLR (D) 213

“An injunction obtained in representative proceedings was binding on all persons represented in the claim, but a judge was entitled, in the exercise of his discretion, to refuse to frame the order in terms which would make it enforceable by or against persons who were not parties to the claim.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

White v Davenham Trust Ltd – WLR Daily

Posted July 1st, 2011 in bankruptcy, debts, guarantees, law reports, statutory demands, surety by sally

White v Davenham Trust Ltd [2011] EWCA Civ 747; [2011] WLR (D) 212

“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) – WLR Daily

Posted June 30th, 2011 in disciplinary procedures, law reports, legal representation, Supreme Court, teachers by sally

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) [2011] UKSC 30; [2011] WLR (D) 211

“A teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to the Independent Safeguarding Authority, which could bar him from working with children.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 29th, 2011 in law reports by sally

Supreme Court

G, R (on the application of) v X School [2011] UKSC 39 (29 June 2011)

Court of Appeal (Criminal Division)

Parchment v R. [2011] EWCA Crim 1391 (09 June 2011)

Killick, R. v [2011] EWCA Crim 1608 (29 June 2011)

Saunders, R v [2011] EWCA Crim 1571 (29 June 2011)

C v R. [2011] EWCA Crim 1607 (29 June 2011)

Brown v R. [2011] EWCA Crim 1606 (29 June 2011)

Court of Appeal (Civil Division)

Telegraph Media Group Ltd. v Thornton [2011] EWCA Civ 748 (22 June 2011)

Astellas Pharma Ltd & Ors v Stop Huntingdon Animal Cruelty (SHAC) & Ors [2011] EWCA Civ 752 (29 June 2011)

Medway Primary Care Trust & Anor v Marcus [2011] EWCA Civ 750 (29 June 2011)

Khan v Coventry Magistrates’ Court & Anor [2011] EWCA Civ 751 (29 June 2011)

High Court (Queen’s Bench)

Miscela Ltd & Ors v Coffee Republic Retail Ltd [2011] EWHC 1637 (QB) (23 June 2011)

High Court (Chancery Division)

London Borough of Brent v Shulem B Association Ltd [2011] EWHC 1663 (Ch) (29 June 2011)

High Court (Technology and Construction Court)

Harooni & Anor v Rustins Ltd [2011] EWHC 1632 (TCC) (29 June 2011)

Source: www.bailii.org

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH – WLR Daily

Posted June 29th, 2011 in consumer protection, defective goods, EC law, law reports by sally

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210

“Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where they had been installed and to install the replacement goods there or else to bear the costs of that removal and installation. The seller could not refuse to replace the defective goods on the ground that the costs were disproportionate but it could limit the payment to a proportionate amount.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

YT v Secretary of State for the Home Department [2011] EWCA Civ 736 (28 June 2011)

High Court (Queen’s Bench)

Cook v Cook & Anor [2011] EWHC 1638 (QB) (28 June 2011)

High Court (Commercial Court)

Excalibur Ventures LLC v Texas Keystone Inc & Ors [2011] EWHC 1624 (Comm) (28 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Joujou & Ors v Masri [2011] EWCA Civ 746 (28 June 2011)

MG & Anor v A Local Authority & Ors [2011] EWCA Civ 745 (28 June 2011)

White v Davenham Trust Ltd [2011] EWCA Civ 747 (28 June 2011)

High Court (Queen’s Bench Division)

Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) (27 June 2011)

AAH Pharmaceuticals Ltd v Birdi & Ors [2011] EWHC 1625 (QB) (20 June 2011)

High Court (Administrative Court)

Minter, R (on the application of) v Chief Constable of Hampshire Constabulary & Anor [2011] EWHC 1610 (Admin) (28 June 2011)

Source: www.bailii.org

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others – WLR Daily

Posted June 28th, 2011 in benefits, EC law, law reports, social security by sally

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209

“The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified benefits, was directly effective. That provision precluded national legislation which withdrew the award of a benefit, such as the supplement to invalidity benefit, from former Turkish migrant workers when they had returned to Turkey after losing their right to remain in the host member state after becoming incapacitated in the that member state.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

Bank of Scotland plc v Zinda – WLR Daily

Posted June 27th, 2011 in appeals, law reports, mortgages, repossession by sally

Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208

“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Regina v McKenzie – WLR Daily

Posted June 27th, 2011 in appeals, criminal procedure, indictments, law reports, sexual offences by sally

Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207

“Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the Criminal Appeal Act 1968.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Manchester Police, R (On the Application Of) v Hookway & Anor [2011] EWHC 1578 (Admin) (19 May 2011)

Attorney General v Fraill & Anor [2011] EWCA Crim 1570 (16 June 2011)

Court of Appeal (Civil Division)

Zinda v Bank of Scotland Plc [2011] EWCA Civ 706 (23 June 2011)

High Court (Chancery Division)

Chemistree Homecare Ltd & Ors v Roche Products Ltd [2011] EWHC 1579 (Ch) (16 June 2011)

Cowderoy v Cranfield [2011] EWHC 1616 (Ch) (24 June 2011)

High Court (Queen’s Bench Division)

David Wyld & Co, Solicitors v Dadourian & Anor [2011] EWHC 1517 (QB) (20 June 2011)

High Court (Technology and Construction Court)

Rust Consulting Ltd v PB Ltd [2011] EWHC 1622 (TCC) (24 June 2011)

Carillion JM Ltd v Phi Group Ltd [2011] EWHC 1581 (TCC) (23 June 2011)

High Court (Commercial Court)

Stellar Shiipping Company LLP v Cosco (Dalian) Shipyard Company Ltd [2011] EWHC 1278 (Comm) (12 May 2011)

High Court (Patents Court)

Cephalon Inc & Ors v Orchid Europe Ltd & Ors [2011] EWHC 1591 (Pat) (24 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 24th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

McKenzie v R. [2011] EWCA Crim 1550 (23 June 2011)

Court of Appeal (Civil Division)

County Leasing Ltd v Quotepool Ltd [2011] EWCA Civ 705 (23 June 2011)

High Court (Chancery Division)

Paddico (267) Ltd v Kirklees Metropolitan Council & Ors [2011] EWHC 1606 (Ch) (23 June 2011)

High Court (Admiralty Division)

Samco Europe, The Owners or Charterers of the Ship v MSC Prestige, The Owners or Charterers of the Ship [2011] EWHC 1580 (Admlty) (23 June 2011)

Source: www.bailii.org

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same – WLR Daily

Posted June 24th, 2011 in appeals, deportation, human rights, immigration, law reports by sally

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206

“In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less.”

WLR Daily, 21st June 2011

Source: www.iclr.co.uk

Coventry City Council v O and others – WLR Daily

Posted June 24th, 2011 in adoption, county courts, fostering, injunctions, jurisdiction, law reports by sally

Coventry City Council v O and others [2011] EWCA Civ 729; [2011] WLR (D) 205

“Where foster parents issued a notice of intention to adopt a child they were fostering, the local authority retained the power to remove the child from the foster parents’ home to the home either of other foster parents or of prospective adopters, under section 38 of the Adoption and Children Act 2002.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk