Category: law reports

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) – WLR Daily

Posted May 19th, 2011 in human rights, inquests, law reports, Supreme Court by sally

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) [2011] UKSC 20;  [2011] WLR (D)  163

“If the United Kingdom chose to hold an inquest into a death resulting from acts by agents of the state which occurred before the Human Rights Act 1998 came into force, that inquest had to comply with the procedural obligations of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

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.

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) – WLR Daily

Posted May 19th, 2011 in DNA, law reports, police, Supreme Court by sally

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21;  [2011] WLR (D)  162

“The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve the indefinite retention of data taken from all suspects, regardless of their age and the nature of the alleged offence, in breach of their right to privacy.”

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.

Regina v Qureshi – WLR Daily

Posted May 19th, 2011 in appeals, families, harassment, landlord & tenant, law reports, vicarious liability by sally

Regina v Qureshi [2011] WLR (D)  161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th 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 18th, 2011 in law reports by sally

Supreme Court

GC v The Commissioner of Police of the Metropolis [2011] UKSC 21 (18 May 2011)

McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)

Court of Appeal (Civil Division)

Khatib v Ramco International & Ors [2011] EWCA Civ 605 (18 May 2011)

Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2011] EWCA Civ 606 (18 May 2011)

Court of Appeal (Criminal Division)

Davies, R. v [2011] EWCA Crim 1177 (17 May 2011)

DL v R. [2011] EWCA Crim 1259 (18 May 2011)

High Court (Chancery Division)

Lehman Brothers v International (Europe), Re [2011] EWHC 1233 (Ch) (17 May 2011)

High Court (Commercial Court)

A Nelson & Co Ltd & Anor. v Guna SPA [2011] EWHC 1202 (Comm) (16 May 2011)

High Court (Queen’s Bench Division)

Landmark Brickwork Ltd v Sutcliffe & Ors [2011] EWHC 1239 (QB) (17 May 2011)

Source: www.bailii.org

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening – WLR Daily

Posted May 18th, 2011 in EC law, environmental protection, law reports, locus standi, public interest by sally

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening (Case C-115/09);  [2011] WLR (D)  160

“A member state was precluded under article 10a of Directive 85/337/EEC from withholding, from a non-governmental organisation promoting environmental protection, the right to rely before a national court on the infringement of a rule flowing from the environmental law of the European Union on the ground that that rule only protected the interests of the general public and not the interests of individuals. Such a non-governmental organisation could derive from article 10a the right to rely, before the courts, on the infringement of rules of national law flowing from Council Directive 92/43/EC even where national law did not permit this.”

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.

Sunday Telegraph journalist criticised by high court judge – The Guardian

Posted May 17th, 2011 in expert witnesses, family courts, law reports, media, news by sally

“A high court judge has criticised a senior Sunday Telegraph journalist over his reporting of a case heard in the family courts last year.”

Full story

The Guardian, 17th May 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 17th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Dizaei v R. [2011] EWCA Crim 1174 (16 May 2011)

Court of Appeal (Civil Division)

Avon Estates Ltd v Welsh Ministers & Anor [2011] EWCA Civ 553 (16 May 2011)

High Court (Queen’s Bench)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1232 (QB) (16 May 2011)

Furmedge & Ors v Chester -Le -Street District Council [2011] EWHC 1226 (QB) (16 May 2011)

High Court (Family Division)

Mekarska (Wife) v Ruiz (Husband) [2011] EWHC 913 (Fam) (09 May 2011)

K (A Child), Re [2011] EWHC 1082 (Fam) (16 May 2011)

High Court (Administrative Court)

Williams, R (On the Application Of) v Merseyside Police Authority [2011] EWHC 1119 (Admin) (05 May 2011)

High Court (Commercial Court)

Carboex SA v Louis Dreyfus Commodities Suisse SA [2011] EWHC 1165 (Comm) (12 May 2011)

Source: www.bailii.org

MSD Sharp & Dohme GmbH v Merckle GmbH – WLR Daily

Posted May 17th, 2011 in advertising, consumer protection, EC law, internet, law reports, medicines by sally

MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159

“The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive 2001/83/EC, as amended, prohibiting advertising to the general public of medicinal products available on medical prescription only. The dissemination of such information which had been rewritten by the manufacturer and which could only be explained by an advertising purpose was prohibited.”

WLR Daily, 5th 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.

Bartlett and others v Secretary of State for Work and Pensions – WLR Daily

Posted May 17th, 2011 in benefits, EC law, freedom of movement, law reports by sally

Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158

“The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council Regulation (EC) No 647/2005. The provisions in article 10a of the Regulation and of the amended Regulation making the award of this benefit subject to conditions of residence and presence within the awarding member state were not contrary to the provisions of free movement of persons.”

WLR Daily, 5th 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 16th, 2011 in law reports by sally

High Court (Chancery Division)

Franbar Holdings Ltd v Casualty Plus Ltd [2011] EWHC 1161 (Ch) (11 May 2011)

High Court (Administrative Court)

NAB, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2011] EWHC 1191 (Admin) (13 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 13th, 2011 in law reports by sally

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 1184 (Ch) (11 May 2011)

High Court (Queen’s Bench Division)

MJN v News Group Newspapers Ltd [2011] EWHC 1192 (QB) (11 May 2011)

Clynes v O’ Connor [2011] EWHC 1201 (QB) (13 May 2011)

High Court (Technology and Construction Court)

Harry Yearsley Ltd v Secretary of State for Justice [2011] EWHC 1160 (TCC) (12 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 13th, 2011 in law reports by sally

Court of Appeal (Civil Division)

K v L [2011] EWCA Civ 550 (13 May 2011)

AXA Sunlife Services Plc v Campbell Martin Ltd & Ors [2011] EWCA Civ 549 (12 May 2011)

BDW Trading Ltd (t/a Barratt North London) v JM Rowe (Investments) Ltd [2011] EWCA Civ 548 (12 May 2011)

AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551 (12 May 2011)

Kennedy v The Information Commissioner & Anor [2011] EWCA Civ 367 (12 May 2011)

Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd & Anor [2011] EWCA Civ 543 (12 May 2011)

DM v Secretary of State for Justice [2011] EWCA Civ 522 (12 May 2011)

Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011)

Fraenkl -Rietti v Cheltenham & Gloucester Plc [2011] EWCA Civ 524 (12 May 2011)

Court of Appeal (Criminal Division)

Young, R. v [2011] EWCA Crim 1176 (12 May 2011)

Twist & Ors v R. [2011] EWCA Crim 1143 (12 May 2011)

Bond, R v [2011] EWCA Crim 1197 (13 May 2011)

High Court (Administrative Court)

Evans, R (on the application of) v The Lord Chancellor & Anor [2011] EWHC 1146 (Admin) (12 May 2011)

A, R (on the application of) v Lewisham Youth Court & Anor [2011] EWHC 1193 (Admin) (12 May 2011)

Skrzypczak v The Circuit Court In Poznan (A Polish Judicial Authority) [2011] EWHC 1194 (Admin) (12 May 2011)

Source: www.bailii.org

Lane v Cullens Solicitors and others – WLR Daily

Posted May 13th, 2011 in intestacy, law reports, limitations, negligence, solicitors by sally

Lane v Cullens Solicitors and others [2011] EWCA Civ 547; [2011] WLR (D) 157

“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”

WLR Daily, 11th 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 (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by sally

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156 

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th 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 (Adams) v Secretary of State for Justice (JUSTICE and another intervening)- WLR Daily

Posted May 13th, 2011 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening); In re MacDermott’s and McCartney’s Applications for Judicial Review (JUSTICE intervening) [2011] UKSC 18; [2011] WLR (D) 155

“A miscarriage of justice, within the meaning of section 133 of the Criminal Justice Act 1988, occurred where a new fact so undermined the evidence against the defendant that no conviction could possibly be based upon it.”

WLR Daily, 11th 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

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners – WLR Daily

Posted May 13th, 2011 in appeals, capital allowances, corporation tax, law reports, loans, partnerships by sally

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners [2011] UKSC 19;  [2011] WLR (D)  154

“At the hearing of a taxpayer’s appeal against a closure notice determining an inquiry into a limited liability partnership’s tax return, the revenue was not confined to relying on the precise reasons for the decision given by the investigating officer in his closure notice.”

WLR Daily, 11th 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

McCarthy v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2011 in citizenship, EC law, freedom of movement, law reports by sally

McCarthy v Secretary of State for the Home Department (Case C-434/09); [2011] WLR (D) 153

“Parliament and Council Directive 2004/38/EC was not applicable to a European Union citizen who had never exercised their right of free movement, who had always resided in a member state of which they were a national and who was also a national of another member state. Article 21FEU of the FEU Treaty was likewise not applicable to a European Union citizen in such circumstances provided the situation of that citizen did not include the application of measures by a member state that would have the effect of depriving them of the genuine enjoyment of the substance of the rights conferred by virtue of their status as a Union citizen.”

WLR Daily, 5th 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 12th, 2011 in law reports by sally

Supreme Court

Adams, R (on the application of) v Secretary of State for Justice [2011] UKSC 18 (11 May 2011)

Revenue & Customs v Tower MCashback LLP 1 & Anor [2011] UKSC 19 (11 May 2011)

Court of Appeal (Criminal Division)

Zejmowicz & Anor, R. v [2011] EWCA Crim 1173 (11 May 2011)

Nicholas & Anor v R. [2011] EWCA Crim 1175 (11 May 2011)

Court of Appeal (Civil Division)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 544 (11 May 2011)

Helden v Strathmore Ltd [2011] EWCA Civ 542 (11 May 2011)

Systemcare (UK) Ltd v (Services Design Technology Ltd & Anor (Rev 1) [2011] EWCA Civ 546 (11 May 2011)

Nassery, R (on the application of) v London Borough of Brent [2011] EWCA Civ 539 (11 May 2011)

Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 (11 May 2011)

Wardle v Credit Agricole Corporate and Investment Bank [2011] EWCA Civ 545 (11 May 2011)

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 1184 (Ch) (11 May 2011)

High Court (Family Division)

X, Y, and Z & Anor v A Local Authority [2011] EWHC 1157 (Fam) (11 May 2011)

R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

High Court (Administrative Court)

HH, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 1145 (Admin) (11 May 2011)

High Court (Patents Court)

Schutz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1173 (Pat) (05 May 2011)

Source: www.bailii.org

Regina (G) v Lambeth London Borough Council and another – WLR Daily

Posted May 11th, 2011 in children, housing, law reports, local government, social services by sally

Regina (G) v Lambeth London Borough Council and another [2011] EWCA Civ 526; [2011] WLR (D) 152

“Accommodation ostensibly provided to a child aged 16 to 17 by a council as a local housing authority was to be deemed to be accommodation provided by it as a children’s services authority where the child met the criteria of a ‘child in need’ within section 17(10) of the Children Act 1989 and the actions of a social worker working for the council in a different team could properly be imputed to the social services division. Consequently on reaching adulthood that person became a ‘former relevant child’ within section 23C(1) of the 1989 Act, as inserted, and was owed the duties set out in that section.”

WLR Daily, 6th 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 Bajwa and others – WLR Daily

Posted May 11th, 2011 in appeals, confiscation, counterfeiting, customs and excise, law reports, proceeds of crime by sally

Regina v Bajwa and others [2011] EWCA Crim 1093; [2011] WLR (D) 151

“In assessing, for the purposes of imposing a confiscation order, whether a defendant had a criminal lifestyle the question of whether the offence had been committed over a period of at least six months related to each particular defendant’s part in the offence.”

WLR Daily, 6th 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.