law reports – Page 231 – Current Awareness

“There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force.”

WLR Daily, 9th 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.

Revenue and Customs Commissioners v Smallwood and another – WLR Daily

Posted July 12th, 2010 in appeals, capital gains tax, domicile, double taxation, law reports by sally

Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177

“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”

WLR Daily, 9th 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 Magro and others – WLR Daily

Posted July 12th, 2010 in appeals, law reports, precedent by sally

Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176

“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”

WLR Daily, 9th 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

Posted July 9th, 2010 in law reports by sally

Court of Apeal (Civil Division)

Mentmore International Ltd & Ors v Abbey Healthcare (Festival) Ltd & Anor [2010] EWCA Civ 761 (07 July 2010)

Gale & Ors v Serious Organised Crime Agency [2010] EWCA Civ 759 (07 July 2010)

Revenue and Customs v Smallwood & Anor [2010] EWCA Civ 778 (08 July 2010)

London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 (08 July 2010)

Davies & Ors v Pay [2010] EWCA Civ 752 (08 July 2010)

Al Jedda v Secretary of State for Defence [2010] EWCA Civ 758 (08 July 2010)

Court of Appeal (Criminal Division)

Magro, R v [2010] EWCA Crim 1575 (08 July 2010)

Dhillon v R. [2010] EWCA 1577 (Crim) (08 July 2010)

High Court (Administrative Court)

A, R (on the application of) v London Borough of Lambeth [2010] EWHC 1652 (Admin) (07 July 2010)

North Yorkshire Police Authority, R (on the application of) v The Independent Police Complaints Commission [2010] EWHC 1690 (Admin) (08 July 2010)

High Court (Chancery Division)

Capper v Chaney & Anor [2010] EWHC 1704 (Ch) (08 July 2010)

Best Buy Co Inc & Anor v Worldwide Sales Corp. Espana SL [2010] EWHC 1666 (Ch) (08 July 2010)

Source: www.bailii.org.

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another – WLR Daily

Posted July 9th, 2010 in consumer credit, interest, law reports, Supreme Court by sally

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another [2010] UKSC 32; [2010] WLR (D) 175

“A credit broker administration fee and the interest payable on it were properly included in the charge for credit within the meaning of the Credit Consumer Act 1974 and the Consumer Credit (Total Charge for Credit) Regulations 1980, and accordingly, since those items did not form part of the amount of credit as set out in a loan agreement made between parties in 2005, that amount was correctly stated and the agreement was enforceable.”

WLR Daily, 8th 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.

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

Posted July 9th, 2010 in asylum, homosexuality, immigration, law reports, refugees, Supreme Court by sally

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th 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.

ENE Kos 1 Ltd v Petroleo Brasileiro SA – WLR Daily

Posted July 9th, 2010 in appeals, charterparties, expenses, law reports, remuneration by sally

ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173

“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”

WLR Daily, 8th 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

Posted July 8th, 2010 in law reports by sally

Supreme Court

Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 (07 July 2010)

HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 (07 July 2010)

Court of Appeal

Gale & Ors v Serious Organised Crime Agency [2010] EWCA Civ 759 (07 July 2010)

Mentmore International Ltd & Ors v Abbey Healthcare (Festival) Ltd & Anor [2010] EWCA Civ 761 (07 July 2010)

High Court (Chancery Division)

Goldfarb v Higgins & Ors [2010] EWHC 1587 (Ch) (07 July 2010)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Anor [2010] EWHC 1693 (Ch) (07 July 2010)

Law Society of England & Wales v Isaac & Isaac International Holdings Ltd & Ors [2010] EWHC 1670 (Ch) (07 July 2010)

Pirtek (UK) Ltd v Joinplace Ltd (t/a Pirtek Darlington) & Ors [2010] EWHC 1641 (Ch) (07 July 2010)

High Court (Commercial Court)

Owneast Shipping Ltd v Qatar Navigation QSC [2010] EWHC 1663 (Comm) (07 July 2010)

Source: www.bailii.org

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

Posted July 8th, 2010 in appeals, deceit, immigration, law reports by sally

Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172

“Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. The term ‘false representations’ in paras 320(7A)(7B) and 322(1A) of the Immigration Rules should be read as meaning ‘dishonest representations’, though the dishonesty need not be that of the claimant himself.”

WLR Daily, 7th 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 East Sussex County Council and another – WLR Daily

Posted July 8th, 2010 in appeals, children, compensation, law reports, local government by sally

A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171

“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”

WLR Daily, 7th 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

Posted July 7th, 2010 in law reports by sally

High Court (Chancery Division)

Kotonou v National Westminster Bank Plc [2010] EWHC 1659 (Ch) (05 July 2010)

High Court (Technology and Construction Court)

Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC) (25 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

McCluskey v R. [2010] EWCA Crim 1197 (06 July 2010)

Winter & Anor v R. [2010] EWCA Crim 1474 (06 July 2010)

Martin v R. [2010] EWCA Crim 1450 (06 July 2010)

Court of Appeal (Civil Division)

AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773 (06 July 2010)

ENE 1 Kos Ltd. v Petroleo Brasileiro SA [2010] EWCA Civ 772 (06 July 2010)

High Court (Queen’s Bench Division)

Horth v Thompson [2010] EWHC 1674 (QB) (06 July 2010)

High Court (Chancery Division)

Hildron Finance Ltd v Sunley Holdings Ltd [2010] EWHC 1681 (Ch) (06 July 2010)

High Court (Technology and Construction Court)

Gunn & Anor (t/a Chipperfield Garden Machinery) v Taygroup Ltd [2010] EWHC 1665 (TCC) (06 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Thakrar & Anor v R. [2010] EWCA Crim 1505 (05 July 2010)

Alagaratnam v R. [2010] EWCA Crim 1506 (05 July 2010)

High Court (Queen’s Bench)

Henderson v London Borough of Hackney & Anor [2010] EWHC 1651 (QB) (05 July 2010)

High Court (Chancery Division)

Agrimarche Ltd, Re [2010] EWHC 1655 (Ch) (05 July 2010)

High Court (Administrative Court)

Tous, R (on the application of) v District Court In Nymburk – Czech Republic [2010] EWHC 1556 (Admin) (15 June 2010)

Tile Wise Ltd v South Somerset District Council [2010] EWHC 1618 (Admin) (17 June 2010)

Source: www.bailii.org

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Posted July 6th, 2010 in appeals, housing, judicial review, law reports, local government by sally

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th 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.

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Posted July 5th, 2010 in appeals, contract of employment, employment, equal pay, hospitals, law reports, sex discrimination by sally

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd 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.

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd – WLR Daily

Posted July 5th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748; [2010] WLR (D) 168

“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”

WLR Daily, 2nd 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.

Metropolitan Housing Trust v Hadjazi – WLR Daily

Posted July 5th, 2010 in appeals, domestic violence, housing, law reports, repossession by sally

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd 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.