BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Gaviria v R [2010] EWCA Crim 1693 (19 July 2010)
High Court (Chancery Division)
Sethi v Patel & Anor [2010] EWHC 1830 (Ch) (19 July 2010)
Source: www.bailii.org
Category: law reports
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193
“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”
WLR Daily, 19th July 2010
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.
Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily
Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192
“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”
WLR Daily, 19th July 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.
Mond and another v MBNA Europe Bank Ltd – WLR Daily
Mond and another v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch); [2010] WLR (D) 190
“Clause 13.2 of the IVA Protocol, as well as clause 13.1, should not be construed as permitting a creditor bound by the Protocol to vote against an individual voluntary arrangement (‘IVA’) proposal only if he has good reason to do so.”
WLR Daily, 16th July 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.
Harris v Registrar of Approved Driving Instructors – WLR Daily
Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808; [2010] WLR (D) 189
“If an applicant seeking registration, or a registered approved driving instructor seeking renewal of his registration, failed to disclose convictions or made a false declaration that he had no convictions, that struck at the heart of the registration process and the question whether he was a ‘fit and proper person’ to be entered in the applicable register.”
WLR Daily, 16th July 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series th corresponding WLR Daily summary is removed.
Regina v Ward (Barry) – WLR Daily
Regina v Ward (Barry) [2010] WLR (D) 191
“The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order.”
WLR Daily, 16th July 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.
Goluboviv v Golubovic – WLR Daily
“Refusal to recognise a decree of divorce pronounced by a court in another jurisdiction within the Council of Europe, in the absence of a breach of natural justice, was a truly exceptional course.”
WLR Daily, 15th July 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.
Flood v Times Newspapers Ltd – WLR Daily
“In a report concerning an investigation into allegations of corruption against a police officer the media were entitled in the public interest to include the specific allegations made against the officer only where the requirements of the responsible journalism defence or Reynolds privilege were met.”
WLR Daily, 15th July 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.
R (Rickets) v Basildon Magistrates’ Court – WLR Daily
“If goods were left outside a charity shop it could be inferred that it was the owner’s intention to donate them as a gift to the shop, and they were not abandoned but remained the property of the person who deposited them until taken into the control or possession of the charity; and if some other person removed the goods in the meantime he might be found to have committed an offence of theft.”
WLR Daily, 15th July 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.
Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily
“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 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 v Essex County Council – WLR Daily
A v Essex County Council; [2010] UKSC 33; [2010] WLR (D) 184
“A local education authority which took 18 months to secure a place at one of the few specialist schools which was equipped to cope with a severely disabled child with special education needs, during which time he was unable to attend school at all, had not, by taking so much time, denied the child’s right to education contrary to art 2 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 15th July 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 Thompson, Regina v Crawford, Regina v Gomulu, Regina v Allen, Regina v Blake, Regina v Kasunga – WLR Daily
“The collective responsibility of the jury was not confined to the verdict. It began as soon as the members of the jury had been sworn. From that moment onwards, there was a collective responsibility for ensuring that the conduct of each member was consistent with the jury oath and that the directions of the trial judge about the discharge of their responsibilities were followed.”
WLR Daily, 15th July 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.
Franks and another v Bedward and another – WLR Daily
Franks and another v Bedward and another; [2010] EWHC 1650 (Ch); [2010] WLR (D) 181
“Where an application for registration of title to land was ordered to be cancelled by the adjudicator, and the applicant subsequently succeeded in an appeal in circumstances where the order for cancellation was not protected by a stay, the court could direct the re-entry on the day list of the registration application with its original entry date.”
WLR Daily, 14th July 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Mousa & Ors v Secretary of State for Defence & Anor [2010] EWHC 1823 (Admin) (16 July 2010)
High Court (Commercial Court)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Coonan (Formerly Sutcliffe), R v [2010] EWHC 1741 (QB) (16 July 2010)
Source: www.bailii.org
Al-Jedda v Secretary of State for Defence – WLR Daily
Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182
“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”
WLR Daily, 14th July 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 (Gaunt) v Ofcom (Liberty intervening) – WLR Daily
Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180
“It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or justification, notwithstanding that the finding might inhibit the broadcaster’s unrestrained freedom to conduct similar interviews in the future.”
WLR Daily, 14th July 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.
Serious Organised Crime Agency v Gale and another – WLR Daily
Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179
“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”
WLR Daily, 13th July 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.
Bailii: Recent Decisions
Court of Appeal (Civil Division)
Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2010] EWCA Civ 809 (14 July 2010)
Autofocus Ltd v Accident Exchange Ltd [2010] EWCA Civ 788 (14 July 2010)
Quinn Direct Insurance Ltd v The Law Society of England and Wales [2010] EWCA Civ 805 (14 July 2010)
Harris v The Registrar of Approved Driving Instructors [2010] EWCA Civ 808 (15 July 2010)
Berrisford v Mexfield Housing Co- Operative Ltd [2010] EWCA Civ 811 (15 July 2010)
Court of Appeal (Criminal Division)
Thompson & Ors v R [2010] EWCA Crim 1623 (14 July 2010)
High Ciurt (Administrative Court)
Connah v Plymouth Hospitals NHS Trust & Ors [2010] EWHC 1727 (Admin) (12 July 2010)
High Court (Chancery Division)
Jones v Ricoh UK Ltd [2010] EWHC 1743 (Ch) (14 July 2010)
Kings v Bultitude & Anor [2010] EWHC 1795 (Ch) (15 July 2010)
High Court (Queen’s Bench division)
Butterworth, Re Review of Minimum Term [2010] EWHC 1778 (QB) (15 July 2010)
Ambrosiadou v Coward [2010] EWHC 1794 (QB) (15 July 2010)
Steele, Re Review of Minimum Term [2010] EWHC 1777 (QB) (15 July 2010)
Hopkins, Re Review of Minimum Term [2010] EWHC 1775 (QB) (15 July 2010)
Kular, Re Review of Minimum Term [2010] EWHC 1657 (QB) (15 July 2010)
Manning, Re Review of Minimum Term [2010] EWHC 1776 (QB) (15 July 2010)
Winnett, Re Review of Minimum Term [2010] EWHC 1658 (QB) (15 July 2010)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Yetkin v London Borough of Newham [2010] EWCA Civ 776 (13 July 2010)
Badger Trust v The Welsh Ministers [2010] EWCA Civ 807 (13 July 2010)
Ghadami & Anor v Lyon Cole Insurance Group Ltd [2010] EWCA Civ 767 (13 July 2010)
Court of Appeal (Criminal Division)
Willett & Anor v R. [2010] EWCA Crim 1620 (13 July 2010)
High Court (Administrative Court)
High Court (Chancery Division)
Franks & Anor v Bedward & Anor [2010] EWHC 1650 (Ch) (13 July 2010)
High Court (Family Division)
S (A Child), Re [2010] EWHC 1669 (Fam) (25 June 2010)
CF v KM [2010] EWHC 1754 (Fam) (13 July 2010)
High Court (Queen’s Bench division)
Gaunt v OFCOM [2010] EWHC 1756 (QB) (13 July 2010)
High Court (Technology and Construction Court)
Fileturn Ltd v Royal Garden Hotel Ltd [2010] EWHC 1736 (TCC) (13 July 2010)
PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1459 (TCC) (13 July 2010)
Price & Anor v Carter (t/a Ian Carter Building Contractors) [2010] EWHC 1737 (TCC) (13 July 2010)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
LA v SB & Ors [2010] EWCA Civ 1744 (12 July 2010)
Court of Appeal (Criminal Division)
Ali v R [2010] EWCA Crim 1619 (12 July 2010)
High Court (Patents Court)
Fosroc International Ltd v WR Grace & Co-Conn [2010] EWHC 1702 (Pat) (12 July 2010)
Source: www.bailii.org.uk
