law reports – Page 204 – Current Awareness

Sutton and others v England and others – WLR Daily

Posted May 31st, 2011 in appeals, law reports, trusts by sally

Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182

“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Konsumentombudsmannen v Ving Sverige AB – WLR Daily

Posted May 31st, 2011 in advertising, consumer protection, EC law, law reports by sally

Konsumentombudsmannen v Ving Sverige AB (Case C-122/10); [2011] WLR (D) 181

“A commercial communication constituted an ‘invitation to purchase’ within the meaning of article 2(i) of Parliament and Council Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, as soon as the information on the product and its price were sufficient for the consumer to be able to make a transactional decision. Information on price could be sufficient for those purposes where it contained an entry-level price and information on the product’s characteristics could be contained in a verbal or visual reference. It was sufficient for the purposes of providing the material information for an invitation to purchase required pursuant to article 7(4)(a) of the Directive for only certain of the product’s main characteristics to be given in that invitation and for the trader to refer in addition to its website, provided the essential information was on that website. Whether or not a reference to an entry-level price was misleading for the purposes of article 7(4)(c) was for the national court to ascertain in the circumstances of the case.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

O’ Grady Plant and Haulage Ltd & Ors v London Borough of Tower Hamlets [2011] EWCA Crim 1339 (27 May 2011)

Guthrie & Ors, R. v [2011] EWCA Crim 1338 (26 May 2011)

Court of Appeal (Civil Division)

Zurich Insurance Company Plc v Hayward [2011] EWCA Civ 641 (27 May 2011)

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647 (27 May 2011)

JP Morgan Europe Ltd v Chweidan [2011] EWCA Civ 648 (27 May 2011)

C v D [2011] EWCA Civ 646 (27 May 2011)

Conarken Group Ltd & Anor v Network Rail Infrastructure Ltd [2011] EWCA Civ 644 (27 May 2011)

Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011)

Howe v London Borough of Hammersmith and Fulham [2011] EWCA Civ 619 (27 May 2011)

High Court (Queen’s Bench Division)

Thornton v Telegraph Media Group Ltd [2011] EWHC 1376 (QB) (27 May 2011)

Goodwin v News Group Newspapers Ltd [2011] EWHC 1341 (QB) (27 May 2011)

High Court (Chancery Division)

The Office of Fair Trading v Ashbourne Management Services Ltd & Ors [2011] EWHC 1237 (Ch) (27 May 2011)

High Court (Administrative Court)

Ahmed, R (on the application of) v The National Probation Service & Anor [2011] EWHC 1332 (Admin) (27 May 2011)

Source: www.bailii.org

Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted May 27th, 2011 in damages, EC law, law reports, limitations by sally

Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-452/09); [2011] WLR (D) 180

“A member state could rely on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual seeking compensation for the member state’s failure to implement a Directive correctly provided the member state was not responsible for the delay in the claimant’s ability to bring the action.”

WLR Daily, 19th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Millburn-Snell and others v Evans – WLR Daily

Posted May 27th, 2011 in administrators, civil procedure rules, intestacy, law reports, striking out by sally

Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179

“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Hull – WLR Daily

Posted May 27th, 2011 in appeals, jurisdiction, law reports, news, sentencing, transfer of prisoners by sally

Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177

“Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. In relation to a sentence of life imprisonment, adapting the sentence, as far as possible to bring correspondence between the punishment which would have been imposed in the sentencing state and (the remainder of) the sentence to be served in the administering state, required a reasoned judgment as to the likely duration of the custodial element of the sentence had the sentence been served in the sentencing state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in the ICLR series the corresponding WLR Daily summary is removed.

FKI Engineering Ltd and another v Stribog Ltd – WLR Daily

Posted May 27th, 2011 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178

“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Q (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted May 27th, 2011 in asylum, law reports, notification by sally

Q (Somalia) v Secretary of State for the Home Department [2011] WLR (D) 176

“It was not the case that section 72(9)(b) of the Nationality, Immigration and Asylum Act 2002 only applied if the Secretary of State had notified the applicant that he had issued a certificate under the section.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 27th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Grant, Re [2011] EWCA Civ 643 (26 May 2011)

Southgate & Anor v Sutton & Ors [2011] EWCA Civ 637 (26 May 2011)

Hulme v Secretary of State for Communities and Local Government & Anor [2011] EWCA Civ 638 (26 May 2011)

Belka v Prosperini [2011] EWCA Civ 623 (26 May 2011)

Berry & Marshall (Bolton Wood) Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors [2011] EWCA Civ 636 (26 May 2011)

High Court (Queen’s Bench Division)

Henry v News Group Newspapers Ltd & Ors [2011] EWHC 1364 (QB) (26 May 2011)

High Court (Chancery Division)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC B11 (Ch) (17 May 2011)

High Court (Administrative Court)

Hosny v The General Medical Council [2011] EWHC 1355 (Admin) (26 May 2011)

Marathon Restaurant v London Borough of Camden [2011] EWHC 1339 (Admin) (26 May 2011)

High Court (Technology and Construction Court)

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor [2011] EWHC 1352 (TCC) (26 May 2011)

Source: www.bailii.org

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] – WLR Daily

Posted May 26th, 2011 in deportation, detention, immigration, law reports, Supreme Court by sally

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] [2011] UKSC 23; [2011] WLR (D) 175

“In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. A failure to conduct regular reviews as required by the published policy rendered the continued detention of a foreign national unlawful so as entitle him to damages for false imprisonment.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Redmond – WLR Daily

Posted May 26th, 2011 in appeals, customs and excise, law reports, VAT by sally

Regina v Redmond [2011] EWCA Crim 203; [2011] WLR (D) 174

“Although a defendant, who had pleaded guilty to being knowingly concerned in the fraudulent evasion of the duty chargeable on cigarettes, was not liable to pay the duty if he was not holding the cigarettes at the excise duty point and had not caused them to reach it, he was liable to pay VAT on the consignment. That was therefore a liability which he had evaded ‘as a result of or in connection with’ the criminal conduct of which he was convicted, and amounted to a “benefit” within the meaning of section 75(6) of the Proceeds of Crime Act 2002.”

WLR Daily, 24th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL – WLR Daily

Posted May 26th, 2011 in appeals, law reports, trade marks, without prejudice communications by sally

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL [2011] EWCA Civ 618; [2011] WLR (D) 173

“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”

WLR Daily, 24th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 25th, 2011 in law reports by sally

Supreme Court

FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22 (25 May 2011)

SK (Zimbabwe) v Secretary of State for the Home Department [2011] UKSC 23 (25 May 2011)

Fraser v Her Majesty’s Advocate [2011] UKSC 24 (25 May 2011)

Court of Appeal (Criminal Division)

Spencer, R. v [2011] EWCA Crim 1231 (20 April 2011)

Thomas, R. v [2011] EWCA Crim 1295 (25 May 2011)

Court of Appeal (Civil Division)

K Children), Re [2011] EWCA Civ 635 (25 May 2011)

Millburn -Snell & Ots v Evans [2011] EWCA Civ 577 (25 May 2011)

Arash Shipping Enterprises Company Ltd v Groupama Transport [2011] EWCA Civ 620 (25 May 2011)

Sultan of Pahang, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 616 (25 May 2011)

Stribog Ltd v FKI Engineering Ltd [2011] EWCA Civ 622 (25 May 2011)

High Court (Queen’s Bench Division)

Wright v (Deccan Chargers Sporting Ventures Ltd & Anor [2011] EWHC 1307 (QB) (25 May 2011)

High Court (Administrative Court)

N (Father of J) v The Director of Public Prosecutions (R. Prosecution Service) [2011] EWHC 1360 (Admin) (25 May 2011)

High Court (Commercial Court)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2011] EWHC 1312 (Comm) (25 May 2011)

TMT Asia Ltd v Marine Trade SA [2011] EWHC 1327 (Comm) (25 May 2011)

High Court (Technology and Construction Court)

Tinseltime Ltd. v Eryl Roberts [2011] EWHC 1199 (TCC) (13 May 2011)

High Court (Patents Court)

Les Laboratoires Servier & Anor v Apotex Inc. & Ors [2011] EWHC 1318 (Pat) (11 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 25th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Davis v R. [2011] EWCA Crim 1258 (24 May 2011)

Redmond, R. v [2011] EWCA Crim 203 (24 May 2011)

Smith, R. v [2011] EWCA Crim 1296 (24 May 2011)

Court of Appeal (Civil Division)

Whaley v Whaley [2011] EWCA Civ 617 (24 May 2011)

Best Buy Co Inc & Anor v Worldwide Sales Corporation Espana SL [2011] EWCA Civ 618 (24 May 2011)

Mumtaz Properties Ltd, Re [2011] EWCA Civ 610 (24 May 2011)

High Court (Queen’s Bench Division)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1334 (QB) (23 May 2011)

High Court (Chancery Division)

Thames Valley Housing Association Ltd & Anor v Elegant (Guernsey) Ltd & Ors [2011] EWHC 1288 (Ch) (24 May 2011)

High Court (Administrative Court)

Crown Prosecution Service v Winchester Crown Court [2011] EWHC 1255 (Admin) (06 May 2011)

Source: www.bailii.org

Grand v Gill – WLR Daily

Posted May 25th, 2011 in covenants, landlord & tenant, law reports, repairs by sally

Grand v Gill [2011] EWCA Civ 554; [2011] WLR (D) 172

“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”

WLR Daily, 19th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 24th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Gharib, R. v [2011] EWCA Crim 1257 (06 May 2011)

High Court (Queen’s Bench)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1326 (QB) (23 May 2011)

TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB) (23 May 2011)

Goodwin v News Group Newspapers Ltd [2011] EWHC 1309 (QB) (23 May 2011)

Johnson v Le Roux Fourie [2011] EWHC 1062 (QB) (23 May 2011)

High Court (Chancery Division)

Barrett v Bem & Ors [2011] EWHC 1247 (Ch) (19 May 2011)

Chen & Ors v Chui & Ors [2011] EWHC 1276 (Ch) (12 May 2011)

High Court (Administrative Court)

Bryant & Ors, R (on the application of) v The Commissioner of Police of the Metropolis [2011] EWHC 1314 (Admin) (23 May 2011)

High Court (Family Division)

D (A Child), Re [2011] EWHC 471 (Fam) (08 March 2011)

KY v DD [2011] EWHC 1277 (Fam) (23 May 2011)

Source: www.bailii.org

Barrett v Bem (No 2); In re Lavin, decd – WLR Daily

Posted May 24th, 2011 in gifts, law reports, wills by sally

Barrett v Bem (No 2); In re Lavin, decd [2011] EWHC 1247 (Ch); [2011] WLR (D) 171

“Section 15 of the Wills Act 1837, which made a gift to an attesting witness ‘utterly null and void’, did not extend to a beneficiary of a will who had signed a will on the testator’s behalf at his direction. However, the second rule in Barry v Butlin (1838) 2 Moo PC 480, that the court should be vigilant and jealous in examining the evidence in support of a will where a party wrote or prepared a will under which he took a benefit and should not pronounce in that instrument’s favour unless the suspicion were removed and it were satisfied that the true will of the deceased was expressed therein, should apply with additional force where the agent of the testator who signed the will was a beneficiary under it.”

WLR Daily, 19th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Panter v Rowellian Football Social Club and others – WLR Daily

Posted May 24th, 2011 in clubs, company law, insolvency, law reports by sally

Panter v Rowellian Football Social Club and others [2011] EWHC 1301 (Ch); [2011] WLR (D) 170

“Paragraph 111(1A)(c) of Schedule B1 to the Insolvency Act 1986, as inserted, applied to companies which were incorporated in states outside the European Economic Area and it did not apply to entities that were not incorporated at all.”

WLR Daily, 20th May 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oxford City Council v Bull – WLR Daily

Posted May 24th, 2011 in appeals, homelessness, law reports, local government by sally

Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169

“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 23rd, 2011 in law reports by sally

Court of Appeal (Civil Division)

Kahlon v Isherwood [2011] EWCA Civ 602 (19 May 2011)

Gladehurst Properties Ltd v Hashemi & Anor [2011] EWCA Civ 604 (19 May 2011)

High Court (Administrative Court)

CD v Secretary of State for the Home Department [2011] EWHC 1273 (Admin) (20 May 2011)

High Court (Family Division)

Spencer v S Franses Ltd [2011] EWHC 1269 (QB) (20 May 2011)

Source: www.bailii.org