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
“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
 
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
“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

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

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily

Posted May 7th, 2010 in appeals, damages, fraud, law reports by sally

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114

“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”

WLR daily, 6th 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.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th 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 Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th 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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th 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 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

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

High Court (Chancery Division)

GE Money Home Lending Ltd & Anor v HC Wolton & Sons Ltd (t/a Wolton Chartered Surveyors) [2010] EWHC 1011 (Ch) (06 May 2010)

Trademark Licensing Company Ltd & Anor v Leofelis SA [2010] EWHC 969 (Ch) (06 May 2010)

High Court (Administrative Court)

Malik Law Chambers (Solicitors), R (on the application of) v Legal Complaints Service (The Law Society) [2010] EWHC 981 (Admin) (06 May 2010)

High Court (Family Division)

N v N [2010] EWHC 717 (Fam) (28 April 2010)

High Court (Technology and Construction Court)

Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965 (TCC) (06 May 2010)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents [2010] EWHC 976 (Pat) (06 May 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 6th, 2010 in law reports by sally

Supreme Court

Inveresk plc v Papermakers Ltd [2010] UKSC 19 (05 May 2010)

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18 (05 May 2010)

Court of Appeal (Criminal Division)

White & Ors v The Crown [2010] EWCA Crim 978 (05 May 2010)

Cooper, R v [2010] EWCA Crim 979 (05 May 2010)

Court of Appeal (Civil Division)

Brookes v Secretary of State for Work and Pensions & Anor [2010] EWCA Civ 420 (29 April 2010)

Durham Tees Valley Airport Ltd v Bmibaby Ltd & Anor [2010] EWCA Civ 485 (05 May 2010)

Carlisle & Cumbria United Independent Supporters’ Society Ltd v C.U.F.C. Holdings Ltd & Ors [2010] EWCA Civ 463 (05 May 2010)

Parabola Investments Ltd & Ors v Browallia Cal Ltd & Ors [2010] EWCA Civ 486 (05 May 2010)

High Court (Chancery Division)

White & Ors v Williams & Ors [2010] EWHC 940 (Ch) (05 April 2010)

Azam & Co v Legal Services Commission [2010] EWHC 960 (Ch) (05 May 2010)

HM Revenue and Customs v The Atrium Club Ltd [2010] EWHC 970 (Ch) (05 May 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 5th, 2010 in law reports by sally

Court of Appeal (Civil Division)

BX v Secretary of State for the Home Department [2010] EWCA Civ 481 (04 May 2010)

Mellat v Her Majesty’s Treasury (Rev 1) [2010] EWCA Civ 483 (04 May 2010)

Al Rawi & Ors v Security Service & Ors [2010] EWCA Civ 482 (04 May 2010)

Home Office v Tariq [2010] EWCA Civ 462 (04 May 2010)

High Court (Administrative Court)

Popa, R (on the application of) v District Court In Plzen Mestro [2010] EWHC 928 (Admin) (16 April 2010)

Source: www.bailii.org

Regina v Hancox; Regina v Duffy – Times Law Reports

Posted May 5th, 2010 in law reports, serious crime prevention orders by sally

Regina v Hancox; Regina v Duffy

Court of Appeal (Criminal Division)

“The imposition of a serious crime prevention order had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit.”

The Times, 5th May 2010

Source: www.timesonline.co.uk