BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
Category: law reports
O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports
O’Byrne v Aventis Pasteur MSD Ltd
Supreme Court
“Domestic law could not allow the producer of an allegedly defective product to be substituted as the defendant more than ten years after its being put into circulation in place of a wholly owned subsidiary, who was the supplier, but had been erroneously thought to be the producer, unless the parent company had actually determined when the supplier put the product in circulation.”
The Times, 27th May 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v HK (Turkey) [2010] EWCA Civ 583 (27th May 2010)
Haugesund Kommune & Anor v Depfa ACS Bank [2010] EWCA Civ 579 (27 May 2010)
Varsani v Relfo Ltd [2010] EWCA Civ 560 (27 May 2010)
Kookmin Bank v Rainy Sky SA & Ors [2010] EWCA Civ 582 (27 May 2010)
Brazzill & v Willoughby & Ors [2010] EWCA Civ 561 (27 May 2010)
Oxfordshire County Council v X & Ors [2010] EWCA Civ 581 (27 May 2010)
Court of Appeal (Criminal Division)
Brewster & Anor v R. [2010] EWCA Crim 1194 (27 May 2010)
High Court (Administrative Court)
High Court (Chancery Division)
Craftrule Ltd.v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) (27 May 2010)
High Court (Commercial Court)
Towler v Wills [2010] EWHC 1209 (Comm) (27 May 2010)
High Court (Queen’s Bench division)
Hurst & Ors v Hone & Ors [2010] EWHC 1159 (QB) (27 May 2010)
Underhill v Corser & Anor [2010] EWHC 1195 (QB) (27 May 2010)
Source: www.bailii.org
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily
“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”
WLR Daily, 27th May 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.
O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily
O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137
“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”
WLR Daily, 27th May 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.
Jones v Kernott – WLR Daily
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136
“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”
WLR Daily, 27th May 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.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Crim 571; [2010] WLR (D) 135
“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”
WLR Daily, 27th May 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.
BAILII: Recent Decisions
Supreme Court
OB v Aventis Pasteur SA [2010] UKSC 23 (26 May 2010
Court of Appeal (Criminal Division)
Penner, R. v [2010] EWCA Crim 1155 (05 May 2010)
Gill, R. v [2010] EWCA Crim 1154 (07 May 2010)
Miller v R [2010] EWCA Crim 1153 (26 May 2010)
Court of Appeal (Civil Division)
Shiner & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 558 (26 May 2010)
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571 (26 May 2010)
AT (Pakistan) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 567 (26 May 2010)
Kernott v Jones [2010] EWCA Civ 578 (26 May 2010)
High Court (Queen’s Bench)
Brady v Norman [2010] EWHC 1215 (QB) (26 May 2010)
High Court (Chancery Division)
Franbar Holdings Ltd v Casualty Plus Ltd [2010] EWHC 1164 (Ch) (26 May 2010)
High Court (Family Division)
DH NHS Foundation Trust v PS [2010] EWHC 1217 (Fam) (26 May 2010)
High Court (Commercial Court)
ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm) (21 April 2010)
Source: www.bailii.org
British Airways plc v Unite – Times Law Reports
Court of Appeal
“It was not appropriate to adopt an over-literal interpretation of a poorly drafted section which might defeat the policy behind the relevant Act.”
The Times, 26th May 2010
Source: www.timesonline.co.uk
Hughes v Borodex Ltd – Times Law Reports
Court of Appeal
“A landlord was entitled to serve notice to quit on a tenant who lost her protected tenancy by carrying out improvements in the property which resulted in its rent exceeding the assured protected tenancy limit.”
The Times, 26th May 2010
Source: www.timesonline.co.uk
Regina (Public and Commercial Services Union) v Minister for the Civil Service – Times Law Reports
Regina (Public and Commercial Services Union) v Minister for the Civil Service
Queen’s Bench Division
“The consent of members of the Civil Service Compensation Scheme was required before valid changes could be made which deprived them of rights which had accrued in respect of redundancy and compulsory early retirement.”
The Times, 24th May 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Okuwa, R. v [2010] EWCA Crim 832 (30 April 2010)
Burns, R. v Paul [2010] EWCA Crim 1023 (27 April 2010)
Connolly v R. [2010] EWCA Crim 1150 (25 May 2010)
Braithwaite v R. [2010] EWCA Crim 1082 (25 May 2010)
Court of Appeal (Civil Division)
Ifejika v Ifejika & Anor [2010] EWCA Civ 563 (25 May 2010)
High Court (Queen’s Bench Division)
Yeganeh v Zurich Plc [2010] EWHC 1185 (QB) (24 May 2010)
Tomkins v Knowsley Primary Care Trust [2010] EWHC 1194 (QB) (25 May 2010)
McQuillan & Anor v McCormick & Ors [2010] EWHC 1112 (QB) (17 May 2010)
High Court (Chancery Division)
City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch) (25 May 2010)
High Court (Administrative Court)
AC v Berkshire West Primary Care Trust [2010] EWHC 1162 (Admin) (25 May 2010)
Herron & Anor v The Parking Adjudicator [2010] EWHC 1161 (Admin) (25 May 2010)
Fraser v HM Coroner for North West Wales [2010] EWHC 1165 (Admin) (25 May 2010)
General Medical Council v Yousufuddin [2010] EWHC B7 (Admin) (temporary reference) (04 May 2010)
High Court (Commercial Court)
Depfa Bank Plc v Provincia Di Pisa [2010] EWHC 1148 (Comm) (25 May 2010)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Technology and Construction Court)
K/S Lincoln & Ors v CB Richard Ellis Hotels Ltd [2010] EWHC 1156 (TCC) (24 May 2010)
Source: www.bailii.org
Marshall and others v Deputy Governor of Bermuda and others – WLR Daily
Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133
“Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position to prove.”
WLR Daily, 24th May 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.
L’Oréal SA and others v Bellure NV and others – WLR Daily
L’Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535; [2010] WLR (D) 134
“The effect of the ruling of the Court of Justice of the European in L’Oréal SA v Bellure NVs (Case C-487/07) [2010] Bus LR 303 was that the use of comparative lists, whereby traders of smell-alike perfume products cited, for marketing purposes, the products in the market to which their own products smelt similar, was unlawful.”
WLR Daily, 24th May 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.
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
HXA v The Home Office [2010] EWHC 1177 (QB) (21 May 2010)
High Court (Commercial Court)
FKI Engineering Ltd & Anor v Stribog Ltd [2010] EWHC 1160 (Comm) (21 May 2010)
High Court (Technology and Construction Court)
Source: www.bailii.org
Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily
“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”
WLR Daily, 21st May 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.
British Airways plc v Unite the Union – WLR Daily
British Airways plc v Unite the Union [2010] WLR (D) 131
“When, following a ballot the result of which supported strike action, one was asking whether a union and its members were protected from a claim in tort under certain provisions within Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, the conditions contained in s 231 of the Act as to the provision by the union of information to its members concerning the results of the ballot were critical. However, s 231 was poorly drafted and it was not appropriate to adopt an over-literal interpretation of its wording.”
WLR Daily, 21st May 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.
Roberts v Gill & Co – WLR Daily
Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130
“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”
WLR Daily, 21st May 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.
Bank Mellat v HM Treasury – Times Law Reports
Court of Appeal
“Where, in civil proceedings in which a litigant’s rights to a fair trial under article 6 of the European Convention on Human Rights applied, irreducible minimum rights were required to be accorded the litigant to be given sufficient information of the evidential case against him, to enable him to give effective instructions concerning the essential allegations against him.”
The Times, 18th May 2010
Source: www.timesonline.co.uk
