law reports – Page 213 – Current Awareness

Stonham v Ramrattan and another – WLR Daily

Posted February 18th, 2011 in law reports, limitations, matrimonial home, sham transactions, trustees in bankruptcy by sally

Stonham v Ramrattan and another [2011] EWCA Civ 119; [2011] WLR (D) 48

“Section 283A of the Insolvency Act 1986, which gave a trustee in bankruptcy three years from the date of the bankruptcy to decide what to do about any interest in a house inhabited by the bankrupt or their current or former spouse or civil partner, was concerned only with property which actually formed part of the bankrupt’s estate at the time at the commencement of the bankruptcy. It did not apply to property currently vested in a third party but in respect of which a claim to set aside a transaction at an undervalue might be made under section 339 of the 1986 Act, in respect of which the limitation period remained the 12 years provided for under section 8 of the Limitation Act 1980.”

WLR Daily, 17th February 2011

Source: www.lawreports.co.uk

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

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council [2011] EWCA Civ 77; [2011] WLR (D) 47

“A mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”

WLR Daily, 16th February 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted February 17th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Winwood& Ors v Biffa Waste Services Ltd & Anor [2011] EWCA Civ 108 (17 February 2011)

Stonham v Ramrattan & Anor [2011] EWCA Civ 119 (16 February 2011)

O (Children) [2011] EWCA Civ 128 (16 February 2011)

High Court (Administrative Court)

Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011)

Lunn & Ors, R (on the application of) v HM Revenue and Customs [2011] EWHC 240 (Admin) (16 February 2011)

Renaissance Habitat Ltd, R (on the application of) v West Berkshire District Council [2011] EWHC 242 (Admin) (16 February 2011)

High Court (Chancery Division)

Sompo Japan Insurance Inc [2011] EWHC 260 (Ch) (16 February 2011)

Cosco Bulk Carrier Co Ltd v Armada Shipping SA & Anor [2011] EWHC 216 (Ch) (11 February 2011)

High Court (Commercial Court)

Wightlink Ltd v Mitchell Diesel Ltd (t/a Mitchell Power Systems) [2011] EWHC 241 (Comm) (14 February 2011)

Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers PTE Ltd [2011] EWHC 164 (Comm) (11 February 2011)

Chalabi & Ors v Jaffar & Anor [2011] EWHC 203 (Comm) (11 February 2011)

INEOS Manufacturing Scotland Ltd. v Grangemouth Chp Ltd & Anor [2011] EWHC 163 (Comm) (11 February 2011)

High Court (Queen’s Bench Division)

Chvetsov v Matuzny [2011] EWHC 248 (QB) (16 February 2011)

Source: www.bailii.org

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same – WLR Daily

Posted February 16th, 2011 in EC law, employment, freedom of movement, law reports by sally

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same (Case C-307/09 to C-309/09); [2011] WLR (D) 46

“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”

WLR Daily, 15th February 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Romani v R. [2011] EWCA Crim 183 (14 February 2011)

Court of Appeal (Civil Division)

Hertfordshire County Council, R (on the application of) v JM [2011] EWCA Civ 77 (15 February 2011)

Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123 (15 February 2011)

High Court (Queen’s Bench Division)

Murdock v Scarisbrick Group Ltd. [2011] EWHC 220 (QB) (11 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

High Court (Administrative Court)

Lai, R (on the application of) v Secretary of State for Defence [2011] EWHC 145 (Admin) (15 February 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

High Court (Queen’s Bench Division)

Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 (QB) (14 February 2011)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) (14 February 2011)

Poi v “Lina” [2011] EWHC 234 (QB) (14 February 2011)

High Court (Administrative Court)

Mamaniat, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 157 (Admin) (24 January 2011)

High Court (Commercial Court)

Ground Gilbey Ltd & Anor v Jardine Lloyd Thompson UK Ltd [2011] EWHC 124 (Comm) (02 February 2011)

Sharon’s Bakery (Europe) Ltd v Axa Insurance UK Plc & Anor [2011] EWHC 210 (Comm) (09 February 2011)

High Court (Patents Court)

Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244 (Pat) (14 February 2011)

Source: www.bailii.org.uk

Law Society v McPhail – WLR Daily

Posted February 15th, 2011 in committals, contempt of court, law reports, Law Society by sally

Law Society v McPhail [2011] WLR (D) 45

“In the interests of fairness, a person charged with contempt of court whose liberty was therefore at stake should be able to appear at a hearing to answer points raised by his accusers.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Posted February 15th, 2011 in EC law, employment, insolvency, law reports, shareholders, time limits by sally

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted February 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 64 (03 February 2011)

High Court (Chancery Division)

MW Trustees Ltd & Ors v Telular Corporation [2011] EWHC 104 (Ch) (31 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Chichvarkin & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 91 (10 February 2011)

Walsh v Singh [2011] EWCA Civ 80 (10 February 2011)

High Court (Administrative Court)

Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011)

YZ & Ors, R. (On the Applications Of) v Secretary of State for the Home Department [2011] EWHC 205 (Admin) (10 February 2011)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 202 (Comm) (10 February 2011)

Source: www.bailii.org.uk

In re St Andrew’s Churchyard, Alwalton – WLR Daily

Posted February 11th, 2011 in burials and cremation, faculties, human rights, law reports by sally

In re St Andrew’s Churchyard, Alwalton [2011] WLR (D) 43

“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

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

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Posted February 11th, 2011 in insurance, law reports, local government, tenders by sally

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted February 10th, 2011 in law reports by sally

Supreme Court

Brent London Borough Council and others v Risk Management Partners Ltd [2011] UKSC 7 (9 February 2011)

Manchester City Council v Pinnock [2011] UKSC 6 (9 February 2011)

Court of Appeal (Civil Division)

SS (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 76 (09 February 2011)

Immingham Storage Company Ltd v Clear Plc [2011] EWCA Civ 89 (09 February 2011)

Speed (A Minor) & Anor v London Borough of Waltham Forest & Ors [2011] EWCA Civ 88 (09 February 2011)

Brady v Norman [2011] EWCA Civ 107 (09 February 2011)

Acre 1127 Ltd (In Liquidation) v De Montfort Fine Art Ltd [2011] EWCA Civ 87 (09 February 2011)

Challinor v Staffordshire County Council [2011] EWCA Civ 90 (09 February 2011)

Rubin v Coote [2011] EWCA Civ 106 (09 February 2011)

Jones v Neath Port Talbot County Borough Council [2011] EWCA Civ 92 (08 February 2011)

High Court (Queen’s Bench Division)

Legal Services Commission v Henthorn [2010] EWHC 3329 (QB) (04 February 2011)

Beach Developments Ltd v Foskett [2011] EWHC 198 (QB) (09 February 2011)

High Court (Commercial Court)

X v Y [2011] EWHC 152 (Comm) (09 February 2011)

High Court (Technology and Construction Court)

Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Source: www.bailii.org

Brady v Norman – WLR Daily

Posted February 10th, 2011 in defamation, law reports, personal injuries, time limits by sally

Brady v Norman [2011] EWCA Civ 107; [2011] WLR (D) 40

“The policy behind the limitation period for defamation cases being shorter than that in personal injuries claims was clear, since the defamatory impact of libel or slander was likely to be transient and Parliament evidently intended that a claimant should assert and pursue his need for vindication speedily. Considerations as to prejudice in applications for the disapplication of the time limit in defamation cases were likely to be different than those in personal injuries cases and in defamation cases it was for the claimant to make out a case for the disapplication of the normal time limit.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

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

Regina v Windsor and others – WLR Daily

Posted February 10th, 2011 in jurisdiction, law reports, proceeds of crime, receivers, restraining orders by sally

Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41

“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted February 9th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Windsor & Ors v Crown Prosecution Service [2011] EWCA Crim 143 (08 February 2011)

Creed, R. v [2011] EWCA Crim 144 (08 February 2011)

Court of Appeal (Civil Division)

Richardson v Richardson [2011] EWCA Civ 79 (08 February 2011)

High Court (Patents Court)

Mölnlycke Health Care AB v Brightwake Ltd (t/a Advancis Medical) [2011] EWHC 140 (Pat) (26 January 2011)

Source: www.bailii.org

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

Posted February 9th, 2011 in judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th February 2011

Source: www.lawreports.co.uk

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