Category: law reports

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

Posted May 7th, 2010 in charterparties, law reports, negligence, Scotland, shipping law, Supreme Court, third parties by sally

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

Posted May 7th, 2010 in appeals, closed material, disclosure, evidence, intelligence services, law reports, private hearings by sally

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

BAILII: Recent Decisions

Posted May 4th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Southall v The General Medical Council [2010] EWCA Civ 484 (04 May 2010)

High Court (Queen’s Bench Division)

Mireskandari v Associated Newspapers Ltd. [2010] EWHC 967 (QB) (04 May 2010)

High Court (Chancery Division)

Red River UK Ltd & Anor v Sheikh & Anor [2010] EWHC 961 (Ch) (30 April 2010)

Source: www.bailii.org

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 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.

Financial Services Authority and Others v Amro International SA – Times Law Reports

Posted May 4th, 2010 in law reports by sally

Financial Services Authority and Others v Amro International SA

Court of Appeal

“The Financial Services Authority was entitled to order production of documents from accountants at the request of the US Securities and Exchange Commission without subjecting the request to critical examination. It was not required to give notice before serving the order, nor need the order be within the terms of the memorandum of understanding between the FSA and the SEC.”

The Times, 3rd May 2010

Source: www.timesonline.co.uk

Bournemouth University Higher Education Corporation v Buckland – Times Law Reports

Posted May 4th, 2010 in law reports by sally

Bournemouth University Higher Education Corporation v Buckland

Court of Appeal

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

The Times, 3rd May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 30th, 2010 in law reports by sally

High Court (Administrative Court)

Craik, Chief Constable of Northumbria Police, R (on the application of) v Newcastle Upon Tyne Magistrates’ Court [2010] EWHC 935 (Admin) (30 April 2010)

Source: www.bailii.org

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

Posted April 30th, 2010 in appeals, damages, detention, law reports, misfeasance in public office by sally

Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108

“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”

WLR Daily, 28th April 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.

HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same – WLR Daily

Posted April 30th, 2010 in appeals, immigration, law reports by sally

HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same; [2010] EWCA Civ 42; ; [2010] WLR (D) 107

“Where the route and manner of return of an illegal immigrant to a safe haven were known or could be implied, the first tier tribunal had to consider whether the claimant would be put at risk if returned by that route.”

WLR Daily, 28th April 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.

Independent News and Media Ltd and Others v A – Times Law Reports

Posted April 30th, 2010 in law reports by sally

Independent News and Media Ltd and Others v A

Court of Appeal

“Hearings in the Court of Protection would normally be in private but in certain circumstances the media could be authorised to report them.”

The Times, 30th April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Appleby, R. v [2010] EWCA Crim 926 (29 April 2010)

Jones, R. v [2010] EWCA Crim 925 (29 April 2010)

Kazantzis, R. v [2010] EWCA Crim 712 (16 March 2010)

Court of Appeal (Civil Division)

RW v SW [2010] EWCA Civ 457 (29 April 2010)

Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010)

McFarlane v Relate Avon Ltd [2010] EWCA Civ B1 (29 April 2010)

Parker v Secretary of State for Communities & Local Government & Ors [2010] EWCA Civ 461 (29 April 2010)

Southall v The General Medical Council [2010] EWCA Civ 407 (20 April 2010)

High Court (Queen’s Bench Division)

Community Care North East (A Partnership) v Durham County Council [2010] EWHC 959 (QB) (29 April 2010)

High Court (Chancery Division)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2010] EWHC 925 (Ch) (29 April 2010)

High Court (Administrative Court)

TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin) (29 April 2010)

High Court (Commercial Court)

Parbulk AS v Kristen Marine SA & Anor [2010] EWHC 900 (Comm) (29 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 29th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Richards, R. v [2010] EWCA Crim 835 (09 March 2010)

Court of Appeal (Civil Division)

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd [2010] EWCA Civ 444 (29 April 2010)

Geofizika DD v MMB International Ltd & Anor [2010] EWCA Civ 459 (28 April 2010)

Source: www.bailii.org

Hughes v Borodex Ltd – WLR Daily

Posted April 29th, 2010 in appeals, landlord & tenant, law reports, rent by sally

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

WLR Daily, 28th April 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.

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 29th, 2010 in age discrimination, appeals, employment, law reports, police by sally

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.