law reports – Page 220 – Current Awareness

CLECE SA v Martín Valor and another – WLR Daily

Posted January 25th, 2011 in contracts, employment, law reports, transfer of undertakings by sally

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 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 January 24th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Carter-Ruck (A Firm) v Mireskandari [2011] EWHC 24 (QB) (21 January 2011)

High Court (Chancery Division)

32Red Plc (A Gibraltar Company) v WHG (International) Ltd & Ors [2011] EWHC 62 (Ch) (21 January 2011)

Howard v Howard-Lawson [2011] EWHC 63 (Ch) (21 January 2011)

High Court (Family Division)

CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)

High Court (Administrative Court)

Hughes (Setting of Minimum Term) [2011] EWHC 65 (Admin) (21 January 2011)

Brennan v Health Professions Council [2011] EWHC 41 (Admin) (21 January 2011)

Source: www.bailii.org

Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily

Posted January 24th, 2011 in affidavits, civil procedure rules, disclosure, evidence, law reports by sally

Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 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 Twomey and others (No 2) – WLR Daily

Posted January 24th, 2011 in intimidation, juries, law reports, public interest immunity, trial without jury by sally

Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10

“The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted.”

WLR Daily, 21st January 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.

TW v A City Council – WLR Daily

Posted January 24th, 2011 in citations, law reports, practice directions by sally

TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9

“The profession needed to be reminded that the relevant authorities should be copied from the official Law Reports (published by the Incorporated Council of Law Reporting for England and Wales), and only if not should reports from the All England Law Reports (‘All ER’) or a specialist law report series be included. In addition if a case was reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. British and Irish Legal Information Institute (‘BAILII’) judgments (with neutral citation numbers) should only be used if no other recognised reports were available.”

WLR Daily, 21st January 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.

Swain-Mason and others v Mills & Reeve (a firm) – WLR Daily

Posted January 24th, 2011 in amendments, civil procedure rules, law reports, pleadings by sally

Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)

“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”

WLR Daily, 21st January 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.

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 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 Iqbal (Shaid) – WLR Daily

Posted January 24th, 2011 in escape from custody, law reports, police by sally

Regina v Iqbal (Shaid) [2011] WLR (D) 6

“The common law offence of escape from lawful custody did not cover those who escaped from detention or control before they were arrested.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted January 21st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Miskovic & Anor v Secretary of State for Work and Pensions (Rev 1) [2011] EWCA Civ 16 (20 January 2011)

Swain- Masonn & Ors v Mills & Reeve (a firm) [2011] EWCA Civ 14 (20 January 2011)

Rohlig (UK) Ltd v Rock Unique Ltd [2011] EWCA Civ 18 (20 January 2011)

Bellway Homes Ltd v Beazer Homes Ltd [2011] EWCA Civ 15 (20 January 2011)

Crema v Cenkos Securities Plc [2010] EWCA Civ 10 (20 January 2011)

Nokia GmbH v IPCOM GmbH & Co KG [2011] EWCA Civ 6 (20 January 2011)

Amberley (UK) Ltd v West Sussex County Council [2011] EWCA Civ 11 (20 January 2011)

Court of Appeal (Criminal Division)

Twomey & Ors, R. v [2011] EWCA Crim 8 (20 January 2011)

High Court (Administrative Court)

Tesler v Government of the United States of America [2011] EWHC 52 (Admin) (20 January 2011)

Griffin, R (on the application of) v London City Airport Ltd. [2011] EWHC 53 (Admin) (20 January 2011)

High Court (Chancery Division)

Singapore Airlines Ltd & Anor v Buck Consultants Ltd [2011] EWHC 59 (Ch) (20 January 2011)

High Court (Commercial Court)

Spring Finance Ltd v HS Real Company LLC [2011] EWHC 57 (Comm) (20 January 2011)

Novasen SA v Alimenta SA [2011] EWHC 49 (Comm) (19 January 2011)

Nordea Bank Norge Asa & Anor v Unicredit Corporate Banking SPA & Anor [2011] EWHC 30 (Comm) (19 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 20th, 2011 in law reports by sally

Supreme Court

Morge v Hampshire County Council [2011] UKSC 2 (19 January 2011)

Coke- Wallis, R (on the application of) v Institute of Chartered Accountants in England and Wales [2011] UKSC 2 (19 January 2011)

Court of Appeal (Criminal Division)

Booker v R [2011] EWCA Crim 7 (19 January 2011)

Court of Appeal (Civil Division)

A (A Child), Re (No 2) [2011] EWCA Civ 12 (19 January 2011)

Enron Coal Services Ltd (In Liquidation) v English Welsh & Scottish Railway Ltd [2011] EWCA Civ 2 (19 January 2011)

High Court (Queen’s Bench)

Mears Ltd v Leeds City Council [2011] EWHC 40 (QB) (19 January 2011)

High Court (Administrative Court)

Zaporozhchenko & Anor v Westminster Magistrates’ Court & Ors [2011] EWHC 34 (Admin) (18 January 2011)

Source: www.bailii.org

Regina (Morge) v Hampshire County Council – WLR Daily

Posted January 20th, 2011 in animals, EC law, environmental protection, law reports, planning by sally

Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5

“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”

WLR Daily, 19th January 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 (Coke-Wallis) v Institute of Chartered Accountants in England and Wales – WLR Daily

Posted January 20th, 2011 in disciplinary procedures, estoppel, law reports, public interest by sally

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1 ; [2011] WLR (D) 3

“The principles of cause of action estoppel applied to successive complaints before a professional disciplinary body. Whether, and in what circumstances, a public interest exception should be recognised to the strict application of those principles in the disciplinary context was a matter for Parliament not the courts.”

WLR Daily, 19th January 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.

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Posted January 20th, 2011 in construction industry, contracts, duty of care, economic loss, law reports, negligence by sally

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 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 January 19th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Bell & Ors v R [2011] EWCA Crim 6 (18 January 2011)

Court of Appeal (Civil Division)

Everett & Anor v Comojo (UK) Ltd (t/a the Metropolitan & Ors) [2011] EWCA Civ 13 (18 January 2011)

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9 (18 January 2011)

High Court (Queen’s Bench Division)

CDE & Anor v MGN Ltd & Anor [2010] EWHC 3308 (QB) (16 December 2010)

McCoy v East Midlands Strategic Health Authority [2011] EWHC 38 (QB) (18 January 2011)

High Court (Chancery Division)

Connock & Anor v Fantozzi, Re Alitalia Linee Aeree Italiane SPA [2011] EWHC 15 (Ch) (18 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AVS v A NHS Foundation Trust & Anor [2011] EWCA Civ 7 (17 January 2011)

High Court (Chancery Division)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWHC 29 (Ch) (14 January 2011)

Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)

High Court (Queen’s Bench Division)

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen [2011] EWHC 7 (QB) (10 January 2011)

High Court (Administrative Court)

CJ, R (on the application of) v Cardiff County Council [2011] EWHC 23 (Admin) (17 January 2011)

MA, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 9 (Admin) (10 January 2011)

High Court (Technology and Construction Court)

D Morgan Plc v Mace & Jones (A Firm) [No 3] [2011] EWHC 26 (TCC) (17 January 2011)

Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)

Source: www.bailii.org

M v Hackney London Borough Council and others – WLR Daily

Posted January 18th, 2011 in compensation, false imprisonment, law reports, mental health, secure hospitals by sally

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

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

Court of Appeal (Criminal Division)

Otway v R. [2011] EWCA Crim 3 (14 January 2011)

Coonan (Formerly Sutcliffe), R v [2011] EWCA Crim 5 (14 January 2011)

Hall v R. [2011] EWCA Crim 4 (14 January 2011)

Court of Appeal (Civil Division)

Close v Wilson [2011] EWCA Civ 5 (14 January 2011)

TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011)

Clift v Slough Borough Council [2010] EWCA Civ 1484 (21 December 2010)

High Court (Administrative Court)

Gonzales v Folkestone Magistrates Court [2010] EWHC 3428 (Admin) (14 December 2010)

Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)

Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor [2010] EWHC 3514 (Admin) (21 December 2010)

Millgate Developments Ltd, R (on the application of) v Wokingham Borough Council [2011] EWHC 6 (Admin) (14 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Bank Mellat v HM Treasury [2011] EWCA Civ 1 (13 January 2011)

Court of Appeal (Criminal Division)

Goring v Regina [2011] EWCA Crim 2 (13 January 2011)

Solomons v R. [2011] EWCA Crim 1 (13 January 2011)

High Court Administrative Court)

The Construction Industry Training Board v Beacon Roofing Ltd [2011] EWHC 14 (Admin) (14 January 2011)

High Court (Queen’s Bench Division)

Poi v Lina, The Person Known As [2011] EWHC 25 (QB) (13 January 2011)

Serious Organised Crime Agency v Geoffrey Michael Fenech [2011] EWHC 10 (QB) (13 January 2011)

Source: www.bailii.org

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Posted January 14th, 2011 in confidentiality, criminal records, duty of care, human rights, law reports, police by sally

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 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.