BAILII: Recent Decisions
Court of Appeal (Civil Division)
Clarke v Zurich UK General Services Ltd [2010] EWCA Civ 1333 (26 November 2010)
High Court (Chancery Division)
Source: www.bailii.org
Court of Appeal (Civil Division)
Clarke v Zurich UK General Services Ltd [2010] EWCA Civ 1333 (26 November 2010)
High Court (Chancery Division)
Source: www.bailii.org
“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”
WLR Daily, 25th November 2010
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.
Court of Appeal (Civil Division)
Crest Nicholson (Londinium) Ltd. v Akaria Investments Ltd. [2010] EWCA Civ 1331 (25 November 2010)
Terluk v Berezovsky [2010] EWCA Civ 1345 (25 November 2010)
Unilever Plc & Ors v Shanks [2010] EWCA Civ 1283 (25 November 2010)
Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335 (24 November 2010)
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 (24 November 2010)
Court of Appeal (Criminal Division)
PR, R v [2010] EWCA Crim 2741 (24 November 2010)
Daniels & Ors, R v [2010] EWCA Crim 2740 (24 November 2010)
High Court (Administrative Court)
Puzo v District Court In Kladno, Czech Republic [2010] EWHC 3056 (Admin) (24 November 2010)
High Court (Chancery Division)
ITV Broadcasting Ltd & Ors v TV Catch Up Ltd [2010] EWHC 3063 (Ch) (25 November 2010)
High Court (Queen’s Bench division)
Daniels v British Broadcasting Corporation (BBC) [2010] EWHC 3057 (QB) (24 November 2010)
KJH v HGF [2010] EWHC 3064 (QB) (24 November 2010)
Source: www.bailii.org
“A director of a corporate director of a company was not a de facto director of that company, who was thereby liable for the misuse of its assets, if his acts were done entirely within the ambit of the discharge of his duties and responsibilities as a director of the corporate director.”
WLR Daily, 24th November 2010
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.
“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”
WLR Daily, 24th November 2010
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.
“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”
WLR Daily, 24th November 2010
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.
“A claim for asylum would not be defeated if the tribunal found that a claimant would be willing to lie about political beliefs, or about the absence of political beliefs, but that the reason for the lie was to avoid persecution.”
WLR daily, 22nd November 2010
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.
Court of Appeal (Civil Division)
Ministry of Defence v AB & Ors [2010] EWCA Civ 1317 (22 November 2010)
The Conservative and Unionist Party v The Election Commissioner [2010] EWCA Civ 1332 (23 November 2010)
High Court (Administrative Court)
Walther v The Police Medical Appeal Board & Anor [2010] EWHC 3009 (Admin) (23 November 2010)
High Court (Chancery Division)
Falmouth House Freehold Company Ltd & Anor v Morgan Walker LLP [2010] EWHC B26 (Ch) (23 November 2010)
McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989 (Ch) (23 November 2010)
High Court (Commercial Court)
Star Reefers Pool Inc v JFC Group Co Ltd [2010] EWHC 3003 (Comm) (23 November 2010)
High Court (Technology and Construction Court)
Linklaters Business Services v McAlpine Ltd & Ors [2010] EWHC 2931 (TCC) (23 November 2010)
Source: www.bailii.org
Court of Appeal (Criminal Division)
Kuku, R. v [2010] EWCA Crim 2533 (13 October 2010)
Court of Appeal (Civil Division)
KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors [2010] EWCA Civ 1260 (18 November 2010)
Starglade Properties Ltd v Nash [2010] EWCA Civ 1314 (19 November 2010)
Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)
Ingram v Williams [2010] EWCA Civ 1313 (19 November 2010)
High Court (Queen’s Bench Division)
JIH v News Group Newspapers Ltd (No. 2) [2010] EWHC 2979 (QB) (18 November 2010)
High Court (Chancery Division)
Tim Martin Interiors Ltd. v Akin Gump Llp [2010] EWHC 2951 (Ch) (17 November 2010)
Pearson & Ors v Lehman Brothers Finance SA & Ors [2010] EWHC 2914 (Ch) (19 November 2010)
High Court (Administrative Court)
Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)
High Court (Patents Court)
Cephalon, Inc & Ors v Orchid Europe Ltd & Anor [2010] EWHC 2945 (Pat) (19 November 2010)
Source: www.bailii.org
Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284; [2010] WLR (D) 294
“For a case to fall within CPR r 19.6, a claimant who had brought a representative action on behalf of the claimant and other representative claimants had to show at all stages of the proceedings that the interest of the claimant and all potential represented claimants was same.”
WLR Daily, 19th November 2010
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.
Court of Appeal (Civil Division)
Whitney v Monster Worldwide Ltd [2010] EWCA Civ 1312 (18 November 2010)
Emerald Supplies Ltd & Anor v British Airways Plc [2010] EWCA Civ 1284 (18 November 2010)
Court of Appeal (Criminal Division)
Ali v The Crown [2010] EWCA Crim 2665 (18 November 2010)
High Court (Administrative Court)
Flattery & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWHC 2868 (Admin) (18 November 2010)
High Court (Commercial Court)
Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)
High Court (Queen’s Bench Division)
Fallon (A Child) v Wilson [2010] EWHC 2978 (QB) (18 November 2010)
Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 (QB) (18 November 2010)
Source: www.bailii.org
“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”
WLR Daily, 18th November 2010
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.
C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292
“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”
WLR Daily, 18th November 2010
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.
Supreme Court
Court of Appeal (Civil Division)
Shields v Merseyside Police [2010] EWCA Civ 1281 (17 November 2010)
W (A Minor) [2010] EWCA Civ 1280 (18 November 2010)
High Court (Chancery)
Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2010] EWHC 2911 (Ch) (17 November 2010)
Phillips v Newsgroup Newspapers Ltd & Ors [2010] EWHC 2952 (Ch) (17 November 2010)
C v D & D2 [2010] EWHC 2940 (Ch) (16 November 2010)
Giorgio Armani SpA v Sunrich Clothing Ltd [2010] EWHC 2939 (Ch) (16 November 2010)
Source: www.bailii.org
Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291
“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”
WLR Daily, 17th November 2010
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.
Court of Appeal (Civil Division)
Reckless, R (on the application of) v Kent Police Authority [2010] EWCA Civ 1277 (16 November 2010)
Deman v The Commission for Equality and Human Rights & Ors [2010] EWCA Civ 1279 (16 November 2010)
Ntuli v Donald [2010] EWCA Civ 1276 (16 November 2010)
High Court (Queen’s Bench Division)
Vaidya v General Medical Council [2010] EWHC 2873 (QB) (16 November 2010)
Ifedha v Archant Regional Ltd [2010] EWHC 2819 (QB) (08 November 2010)
High Court (Administrative Court)
Source: www.bailii.org
“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”
WLR Daily, 15th November 2010
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 Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289
“When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors.”
WLR Daily, 15th November 2010
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.