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.

BAILII: Recent Decisions

Posted April 28th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. & Anor [2010] EWCA Civ 390 (28 April 2010)

High Court (Queen’s Bench Division)

Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010)

Dee v Telegraph Media Group Ltd. [2010] EWHC 924 (QB) (28 April 2010)

Campbell v PCHA [2010] EWHC 859 (QB) (15 April 2010)

Eastlands Homes Partnership Ltd v Whyte [2010] EWHC 695 (QB) (31 March 2010)

High Court (Chancery Division)

Singla v Hedman & Ors [2010] EWHC 902 (Ch) (28 April 2010)

High Court (Administrative Court)

Kodos (aka Jetmir Olltari) v Prosecutor General’s Office of the Republic of Lithuania [2010] EWHC 897 (Admin) (28 April 2010)

Jones v HM Coroner for the Southern District of Greater London & Anor [2010] EWHC 931 (Admin) (28 April 2010)

High Court (Commercial Court)

Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2010] EWHC 903 (Comm) (28 April 2010)

Source: www.bailii.org

Regina v Upper Bay Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Regina v Upper Bay Ltd

Court of Appeal (Criminal Division)

“A parent’s duty to supervise his child and an employer’s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

Irish Reel Productions Ltd v Capitol Films Ltd – Times Law Reports

Posted April 28th, 2010 in law reports by sally

Irish Reel Productions Ltd v Capitol Films Ltd

Chancery Division

“The court had jurisdiction to order that the costs of winding-up proceedings were payable by administrators.”

The Times, 28th April 2010

Source:www.timesonline.co.uk

Regina v Richards – Times Law Reports

Posted April 28th, 2010 in law reports, non-molestation orders by sally

Regina v Richards

Court of Appeal (Criminal Division)

“In respect of a charge of breach of a non-molestation order, the burden of proof was on the prosecution to show that the defendant, in acting as he did, acted without reasonable excuse.”

The Times, 28th April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

AY, R. v [2010] EWCA Crim 762 (27 April 2010)

Court of Appeal (Civil Division)

Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453 (27 April 2010)

Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 (27 April 2010)

High Court (Administrative Court)

Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin) (26 April 2010)

High Court (Technology and Construction Court)

Croft House Care Ltd & Ors v Durham County Council [2010] EWHC 909 (TCC) (27 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hughes v Borodex Ltd. [2010] EWCA Civ 425 (27 April 2010)

Campbell & Anor v William Banks & Ors [2010] EWCA Civ 452 (26 April 2010)

High Court (Queen’s Bench Division)

University of London v Tariquez Zaman [2010] EWHC 908 (QB) (27 April 2010)

Bowman v MGN Ltd [2010] EWHC 895 (QB) (26 April 2010)

High Court (Technology and Construction Court)

Pilon Ltd v Breyer Group Plc [2010] EWHC 837 (TCC) (23 April 2010)

Source: www.bailii.org

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others – WLR Daily

Posted April 27th, 2010 in copyright, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104

“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”

WLR Daily, 26th 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.

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

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