law reports – Page 242 – Current Awareness

“An English court was not required to apply a forum non conveniens test when considering whether it would be appropriate to make an order for financial relief following a divorce which had been granted in a foreign jurisdiction. The basis of the court’s power was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”

The Times, 15th March 2010

Source: www.timesonline.co.uk

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

Posted March 12th, 2010 in contracts, law reports, Supreme Court by sally

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th March 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.

Bradford & Bingley plc v Ashcroft – WLR Daily

Posted March 12th, 2010 in appeals, debts, law reports, limitations, mortgages by sally

Bradford & Bingley plc v Ashcroft [2010] EWCA Civ 223; [2010] WLR (D) 74

“There was no need to re-analyse a part-payment of a mortgage debt or to put a gloss on it in terms of acknowledgment for the purposes of calculating whether or not the limitation period had expired because s 29(5) of the Limitation Act 1980 made provision for a freestanding mechanism for the computation of time.”

WLR Daily, 11th March 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 – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

“Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 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 (Smith) v Land Registry – WLR Daily

Posted March 12th, 2010 in adverse possession, appeals, law reports, limitations, roads by sally

Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72

“Title to land over which a public highway runs could not be acquired by adverse possession.”

WLR Daily, 11th March 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 March 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Pegasus Management Holdings SCA & Anor v Ernst & Young (a firm) & Anor [2010] EWCA Civ 181 (12 March 2010)

HIgh Court (Queen’s Bench Division)

Hughes v Risbridger & Ors [2010] EWHC 491 (QB) (11 March 2010)

Kmiecic v Isaacs [2010] EWHC 381 (QB) (12 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 11th, 2010 in law reports by sally

Court of Appeal (Civil Division)

SL (Vietnam) v Secretary of State for the Home Department [2010] EWCA Civ 225 (11 March 2010)

Farinloye & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 203 (11 March 2010)

Priory Caring Services Ltd v Capita Property Services Ltd [2010] EWCA Civ 226 (11 March 2010)

High Court (Administrative Court)

McVey & Ors, R (on the application of) v Secretary of State for Health [2010] EWHC 437 (Admin) (05 March 2010)

O, R (on the application of) v East Riding of Yorkshire County Council [2010] EWHC 489 (Admin) (11 March 2010)

High Court (Chancery Division)

BMS Computer Solutions Ltd v AB Agri Ltd [2010] EWHC 464 (Ch) (10 March 2010)

NG & Anor v Ashley King (Developments) Ltd [2010] EWHC 456 (Ch) (11 March 2010)

High Court (Queen’s Bench Division)

Wirecard Bank Ag & Anor v Scott & Ors [2010] EWHC 451 (QB) (10 March 2010)

Source: www.bailii.org.uk

Agbaje v Agbaje – WLR Daily

Posted March 11th, 2010 in divorce, financial provision, foreign jurisdictions, law reports, news, Supreme Court by sally

Agbaje v Agbaje [2010] UKSC 13; [2010] WLR (D) 71

“An English court considering under Pt III of the Matrimonial and Family Proceedings Act 1984 whether it would be appropriate to make an order for financial relief on the application of a party to a foreign divorce was not required to apply a forum non conveniens test and decide which of two jurisdictions was the appropriate one. The whole basis of Pt III was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”

WLR Daily, 10th March 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 (Coombes) v Waltham Forest London Borough Council and another – WLR Daily

Posted March 11th, 2010 in declarations of incompatibility, housing, law reports, local government, repossession by sally

Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70

“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th March 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.

Key and another v Key and others – WLR Daily

Posted March 11th, 2010 in bereavement, law reports, mental health, probate, wills by sally

Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69

“Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”

WLR Daily, 9th March 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.

Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily

Posted March 11th, 2010 in confidentiality, damages, law reports by sally

Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68

“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”

WLR Daily, 9th March 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 March 10th, 2010 in law reports by sally

Supreme Court

Agbaje v Akinnoye-Agbaje [2010] UKSC 13 (10 March 2010)

RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh & Company KG (UK Production) [2010] UKSC 14 (10 March 2010)

Court of Appeal (Criminal Division)

Chima v R [2010] EWCA Crim 416 (10 March 2010)

Court of Appeal (Civil Division)

Steenberg & Anor v Enterprise Inns Plc & Anor [2010] EWCA Civ 201 (10 March 2010)

Smith, R (on the application of) v Land Registry (Peterborough Office) & Anor [2010] EWCA Civ 200 (10 March 2010)

Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161 (10 March 2010)

High Court (Queen’s Bench Division)

Berezovsky v Russian Television & Radio Broadcasting Company & Anor [2010] EWHC 476 (QB) (10 March 2010)

High Court (Administrative Court)

T, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 435 (Admin) (18 February 2010)

High Court (Commercial Court)

Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2010] EWHC 465 (Comm) (10 March 2010)

Source: www.bailii.org

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Posted March 10th, 2010 in appeals, duty of care, economic loss, law reports, negligence by sally

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th March 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-Saadoon and Mufdhi v United Kingdom – Times Law Reports

Posted March 10th, 2010 in law reports by sally

Al-Saadoon and Mufdhi v United Kingdom

European Court of Human Rights

“The transfer of two Iraqi murder suspects by the United Kingdom to the Iraqi authorities for trial was a breach of the European Convention on Human Rights.”

The Times, 10th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 9th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Henley v Bloom [2010] EWCA Civ 202 (09 March 2010)

Hardy v Washington Green Fine Art Publishing Company Ltd [2010] EWCA Civ 198 (09 March 2010)

Lester & Anor v Woodgate & Anor [2010] EWCA Civ 199 (09 March 2010)

High Court (Chancery Division)

Cintec International Ltd v Parkes [2010] EWHC 445 (Ch) (17 February 2010)

High Court (Queen’s Bench Division)

Serious Organised Crime Agency v Lundon, the Estate of & Ors [2010] EWHC 353 (QB) (02 March 2010)

High Court (Administrative Court)

Marshman & Anor, R (on the application of) v Waverley Borough Council [2010] EWHC 412 (Admin) (04 March 2010)

High Court (Commercial Court)

Vitol SA v Capri Marine Ltd & Ors (No. 2) [2010] EWHC 458 (Comm) (09 March 2010)

High Court (Technology and Construction Court)

Amec Group Ltd v Thames Water Utilities Ltd [2010] EWHC 419 (TCC) (24 February 2010)

Source: www.bailii.org

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Posted March 9th, 2010 in appeals, birth, hospitals, law reports, negligence, personal injuries, time limits by sally

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th March 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.

Martin v HM Advocate; Miller v HM Advocate – Times Law Reports

Posted March 9th, 2010 in law reports by sally

Martin v HM Advocate; Miller v HM Advocate

Supreme Court

“It was within the competence of the Scottish Parliament to enact a provision which raised to 12 months the maximum term of imprisonment which a sheriff sitting without a jury could impose for the offence of driving while disqualified.”

The Times, 9th March 2010

Source: www.timesonline.co.uk