law reports – Page 236 – Current Awareness

“Family members who sought entry to the United Kingdom to join a sponsor who had been granted asylum but had subsequently obtained British citizenship still had to satisfy the rules dealing with applications to join a person who had been granted asylum and, therefore, they did not have to meet the maintenance and accommodation requirements imposed by the general rules relating to applications by family members.”

WLR Daily, 12th 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.

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily

Posted May 13th, 2010 in appeals, confiscation, customs and excise, law reports, VAT by sally

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120

“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”

WLR Daily, 12th 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.

In re Kaupthing Singer & Friedlander Ltd (in administration) – WLR Daily

Posted May 13th, 2010 in administration orders, appeals, banking, debts, insolvency, law reports, set-off by sally

In re Kaupthing Singer & Friedlander Ltd (in administration) [2010] EWCA Civ 518; [2010] WLR (D) 119

“After the set-off of cross-claims as between a company in administration and one of its creditors, the balance payable by a creditor to the company under r 2.85(8) of the Insolvency Rules 1986 in respect of a future debt was not to be a sum discounted to present value under r 2.105 but was to be an equivalent undiscounted amount.”

WLR Daily, 11th 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.

Noble v Owens – Times Law Reports

Posted May 13th, 2010 in law reports by sally

Noble v Owens

Court of Appeal

“Where the Court of Appeal received fresh evidence alleging that the judge below had been deliberately misled, the court would order a retrial only where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the fraud issue had to be determined in the High Court.”

The Times, 10th May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Kaupthing Singer and Friedlander Ltd, Re [2010] EWCA Civ 518 (11 May 2010)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2010] EWCA Civ 494 (11 May 2010)

Court of Appeal (Criminal Division)

Kenyon v R. [2010] EWCA Crim 914 (11 May 2010)

W, C and C, R. v [2010] EWCA Crim 927 (11 May 2010)

HIgh Court (Chancery Division)

Secret Hotels 2 Ltd v EA Traveller Ltd [2010] EWHC 1023 (Ch) (11 May 2010)

Dawsongroup Plc v Revenue & Customs [2010] EWHC 1061 (Ch) (11 May 2010)

John Smith & Company (Edinburgh) Ltd v Hill & Ors [2010] EWHC 1016 (Ch) (11 May 2010)

Source: www.bailii.org

Regina v N; Regina v D; Regina v L – Times Law Reports

Posted May 12th, 2010 in law reports by sally

Regina v N; Regina v D; Regina v L

Court of Appeal

“The drafting of an indictment required close attention to the realities of the case and none at all to the theoretical legal possibilities which might arise. It also required careful attention to the criminality which had resulted in the case coming to trial, and to the evidence to support the allegation, the avoidance of duplication and the risk of unnecessary complications for both the jury and the judge and the ultimate wasting of scarce and valuable resources.”

The Times, 11th May 2010

Source: www.timesonline.co.uk

Online Catering Ltd v Acton and Another – Times Law Reports

Posted May 12th, 2010 in law reports by sally

Online Catering Ltd v Acton and Another

Court of Appeal

“The bills of sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under those Acts if the relevant contracting party was a company.”

The Times, 11th May 2010

Source: www.timesonline.co.uk

Regina (Coombes) v Waltham Forest London Borough Council – Times Law Reports

Posted May 12th, 2010 in law reports by sally

Regina (Coombes) v Waltham Forest London Borough Council

Queen’s Bench Division

“Section 3 of the Protection from Eviction Act 1977 was not incompatible with article 8 of the European Convention on Human Rights.”

The Times, 11th May 2010

Source: www.timesonline.co.uk

Muuse v Secretary of State for the Home Department – Times Law Reports

Posted May 12th, 2010 in law reports by sally

Muuse v Secretary of State for the Home Department

Court of Appeal

“In awarding exemplary damages in respect of oppressive, arbitrary or unconstitutional conduct by government officials, there was no need to consider further whether such outrageous conduct disclosed malice.”

The Times, 10th May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 11th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Huntley & Anor v Armes [2010] EWCA Civ 396 (11 May 2010)

Court of Appeal (Criminal Division)

Crown Prosecution Service v Neish [2010] EWCA Crim 1011 (06 May 2010)

High Court (Administrative Court)

Ahmed & Ors v Murphy [2010] EWHC 453 (Admin) (10 May 2010)

High Court (Family Division)

PM v KH & Anor [2010] EWHC 870 (Fam) (30 April 2010)

Source: www.bailii.org

In re Frankice (Golders Green) Ltd and others – WLR daily

Posted May 11th, 2010 in administration orders, gambling, insolvency, law reports by sally

In re Frankice (Golders Green) Ltd and others; [2010] WLR (D) 118

“The words ‘legal process’ in para 43(6) of Sch B1 to the Insolvency Act 1986 meant something with a defined beginning and an ascertainable outcome, involving the compulsive power of the law, which, in the interim, was governed by a recognisable procedure which was legal or quasi-legal in nature.”

WLR Daily, 10th 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.

Regina (Public and Commercial Services Union) v Minister for the Civil Service – WLR Daily

Posted May 11th, 2010 in civil servants, law reports, pensions by sally

Regina (Public and Commercial Services Union) v Minister for the Civil Service [2010] EWHC 1027 (Admin); [2010] WLR (D) 117

“S 2(3) of the Superannuation Act 1972 as amended conferred protection in relation to all entitlements in the principal civil service pension scheme (‘PCSPS’) and the civil service compensation scheme (‘CSCS’) referable to length of service and contributions paid, whether they constituted legal entitlements in the full sense or entitlements as a matter of established and declared administrative practice as set out in any relevant scheme under s 1 of the 1972 Act.”

WLR Daily, 10th 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.

BAILII: Recent Decisions

Posted May 10th, 2010 in law reports by sally

High Court (Administrative Court)

Public & Commercial Services Union, R (on the application of) v Minister for the Civil Service [2010] EWHC 1027 (Admin) (10 May 2010)

BX v Secretary of State for the Home Department [2010] EWHC 990 (Admin) (10 May 2010)

S v Northampton Crown Court & Anor [2010] EWHC 723 (Admin) (07 May 2010)

High Court (Commercial Court)

IRB Brasil Resseguros SA v CX Reinsurance Company Ltd [2010] EWHC 974 (Comm) (07 May 2010)

Source: www.bailii.org

Regina v Neish – WLR Daily

Posted May 10th, 2010 in appeals, confiscation, delay, law reports by sally

Regina v Neish [2010] EWCA Crim 1011; [2010] WLR (D) 116

“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 7th 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.

Regina v Cooper (John) – WLR Daily

Posted May 10th, 2010 in appeals, evidence, law reports, perjury, witnesses by sally

Regina v Cooper (John) [2010] EWCA Crim 979; [2010] WLR (D) 115

“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”

WLR Daily, 7th 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.

BAILII: recent Decisions

Posted May 7th, 2010 in law reports by sally

High Court (Administrative Court)

Berners, R (on the application of) v Council of the Criminal Matters Court Regional Court of Riga Latvia [2010] EWHC 1010 (Admin) (07 May 2010)

High Court (Queen’s Bench Division)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)

Source: www.bailii.org

Al Rawi and Others v Security Service and Others – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Al Rawi and Others v Security Service and Others

Court of Appeal

“The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should not be overridden by a judge in an ordinary civil claim.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party
Case C-62/09

Court of Justice of the European Union

“European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other and cheaper named medicines in the same therapeutic class, provided certain conditions were satisfied.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted May 7th, 2010 in law reports by sally

NML Capital Ltd v Republic of Argentina

Court of Appeal

“An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it.”

The Times, 7th May 2010

Source: www.timesonline.co.uk