law reports – Page 242 – Current Awareness

“A party was not precluded from raising a matter before the costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd – Times Law Reports

Posted March 30th, 2010 in law reports by sally

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd

Court of Appeal

“A duty of care was owed to a beneficial owner of property by a defendant who could reasonably foresee that his negligent actions would damage that property.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Lewis v Yeeles [2010] EWCA Civ 326 (29 March 2010)

Silvera v Bray Walker Solicitors (A Firm) & Anor [2010] EWCA Civ 332 (29 March 2010)

High Court (Queen’s Bench Division)

Seymour Pierce Ltd v Grandtop International Holdings Ltd [2010] EWHC 676 (QB) (29 March 2010)

High Court (Chancery Division)

Twentieth Century Fox Film Corporation & Anor v Newzbin Ltd [2010] EWHC 608 (Ch) (29 March 2010)

Jeffries v Archer [2010] EWHC 679 (Ch) (29 March 2010)

Sita UK Ltd v Greater Manchester Waste Disposal Authority [2010] EWHC 680 (Ch) (29 March 2010)

High Court (Commercial Court)

Cecil & Ors v Bayat & Ors [2010] EWHC 641 (Comm) (29 March 2010)

High Court (Patents Court)

Red Spider Technology v Omega Completions Technology [2010] EWHC 59 (Pat) (21 January 2010)

Source: www.bailii.org

In re G (a Child) (Special guardianship order: Application to discharge) – Times Law Reports

Posted March 29th, 2010 in law reports by sally

In re G (a Child) (Special guardianship order: Application to discharge)

Court of Appeal

“Since a mother had demonstrated a change in circumstances, her application for the discharge of a special guardianship order would be granted.”

The Times, 29th March 2010

Source: www.timesonline.co.uk

Connor v Surrey County Council – Times Law Reports

Posted March 29th, 2010 in law reports by sally

Connor v Surrey County Council

Court of Appeal

“A head teacher was entitled to damages for negligence because of the local education authority’s failure to exercise a statutory discretion to replace the school’s governing body with an interim executive board.”

The Times, 29th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 26th, 2010 in law reports by sally

Court of Appeal (Civil Division)

FJ Chalke Ltd & Anor v Revenue & Customs [2010] EWCA Civ 313 (25 March 2010)

Mason v Richard Freeman & Co (a firm) [2010] EWCA Civ 287 (25 March 2010)

Bury Metropolitan Borough Council v Gibbons [2010] EWCA Civ 327 (26 March 2010)

Court of Appeal (Criminal Division)

Kirman, R. v [2010] EWCA Crim 614 (25 March 2010)

High Court (Administrative Court)

London Borough of Hillingdon & Ors, R (on the application of) v Secretary of State for Transport & Anor [2010] EWHC 626 (Admin) (26 March 2010)

High Court (Chancery Division)

The Financial Services Authority (FSA) v Anderson & Ors [2010] EWHC 599 (Ch) (25 March 2010)

Goldfarb v Higgins & Ors [2010] EWHC 613 (Ch) (25 March 2010)

High Court (Commercial Court)

Abraaj Investment Management Ltd. v Bregawn Jersey Ltd. [2010] EWHC 630 (Comm) (25 March 2010)

Blue Sky One Ltd & Ors v Mahan Air & Anor [2010] EWHC 631 (Comm) (25 March 2010)

High Court (Queen’s Bench Division)

Andrews v Aylott [2010] EWHC 597 (QB) (25 March 2010)

Lait MP v Evening Standard Ltd. [2010] EWHC 642 (QB) (25 March 2010)

Botham v The Ministry of Defence [2010] EWHC 646 (QB) (26 March 2010)

Serious Organised Crime Agency v Bosworth & Anor [2010] EWHC 645 (QB) (26 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 25th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Osborne, R v [2010] EWCA Crim 547 (24 March 2010)

Court of Appeal (Civil Division)

Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 (24 March 2010)

High Court (Queen’s Bench)

Sabine v Ferrari [2010] EWHC 389 (QB) (11 March 2010)

Ternent v Ashford & St Peter’s Hospital NHS Trust [2010] EWHC 593 (QB) (24 March 2010)

High Court (Chancery Division)

Chasewood Park Residents Ltd v Kim & Anor [2010] EWHC 579 (Ch) (24 March 2010)

High Court (Administrative Court)

Technoprint Plc & Anor, R (on the application of) v Leeds City Council & Anor [2010] EWHC 581 (Admin) (24 March 2010)

West Yorkshire Probation Board v Cruickshanks [2010] EWHC 615 (Admin) (24 March 2010)

High Court (Commercial Court)

Loyaltrend Ltd & Anor v Creechurch Dedicated Ltd & Ors [2010] EWHC 425 (Comm) (05 March 2010)

High Court (Technology and Construction Court)

Hall & Anor v Van Der Heiden (No 2) [2010] EWHC 586 (TCC) (23 March 2010)

Source: www.bailii.org

Revenue and Customs Commissioners v Kearney – WLR Daily

Posted March 25th, 2010 in appeals, law reports, national insurance, taxation, time limits by sally

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th 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.

Scullion v Bank of Scotland plc – WLR Daily

Posted March 25th, 2010 in duty of care, law reports, negligence, surveyors by sally

Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88

“A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts.”

WLR Daily, 24th 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.

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – Times Law Reports

Posted March 25th, 2010 in law reports by sally

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church

Court of Appeal

“There was a sufficient connection between what a priest with special responsibility for youth work was employed to do and his sexual abuse of a non-Catholic boy whom he met during that work, for his employer, an archdiocese of the Catholic Church, to be vicariously liable for that abuse.”

The Times, 25th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 24th, 2010 in law reports by sally

Supreme Court

British Airways plc v Williams & Ors [2010] UKSC 16 (24 March 2010)

Court of Appeal (Civil Division)

Wade v Baylis [2010] EWCA Civ 257 (23 March 2010)

Ahmed & Ors v Khan [2010] EWCA Civ 290 (23 March 2010)

Revenue and Customs v Kearney [2010] EWCA Civ 288 (23 March 2010)

Revenue and Customs v Ruas [2010] EWCA Civ 291 (23 March 2010)

Oguz v Secretary of State for the Home Department [2010] EWCA Civ 311 (23 March 2010)

Secretary of State for Work and Pensions v Scullion [2010] EWCA Civ 310 (23 March 2010)

Bent v Highways & Utilities Construction Ltd & Anor [2010] EWCA Civ 292 (24 March 2010)

High Court (Queen’s Bench Division)

Teasdale v HSBC Bank Plc [2010] EWHC 612 (QB) (23 March 2010)

Budu v The British Broadcasting Corporation [2010] EWHC 616 (QB) (23 March 2010)

Edwards v Martin [2010] EWHC 570 (QB) (23 March 2010)

Fonexco Group Ltd & Ors v Manches (a firm) & Anor [2010] EWHC 493 (QB) (19 March 2010)

High Court (Chancery Division)

Bayfine UK v Revenue & Customs [2010] EWHC 609 (Ch) (23 March 2010)

High Court (Administrative Court)

Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust & Ors, R (on the application of)v Deluce & Ors [2010] EWHC 530 (Admin) (23 March 2010)

Source: www.bailii.org

R (One Search Direct Holdings Ltd (trading as One Search Direct)) v York City Council – WLR Daily

Posted March 24th, 2010 in freedom of information, home information packs, law reports, local government by sally

R (One Search Direct Holdings Ltd (trading as One Search Direct)) v York City Council [2010] EWHC 590 (Admin); [2010] WLR (D) 87

“In failing to provide access to unrefined information, the council was not acting in a way that was contrary to the Government’s intention not to impose an obligation on authorities to allow such access, nor to the aims and purposes of the statutory provisions, including the subsidiary legislation made by the Secretary of State.”

WLR Daily, 23rd March 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.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 24th, 2010 in homelessness, housing, law reports, local government, Supreme Court by sally

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Source: www.lawreports.co.uk

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

The Bridgewater Canal Company Ltd v GEO Networks Ltd – WLR Daily

Posted March 24th, 2010 in canals, law reports, telecommunications by sally

The Bridgewater Canal Company Ltd v GEO Networks Ltd [2010] EWHC 548 (Ch); [2010] WLR (D) 85

“The consideration payable, pursuant to para 13(2)(e)(ii) of Sch 2 to the Telecommunications Act 1984, as amended by the Communications Act 2003, by an operator of a communications network to a person with control of land for the right to carry out work undertaken pursuant to the provisions of the Electronic Communications Code, as contained in Sch 2 to the 1984, as amended, included payment to reflect not only the right to carry out the works but also for the right to retain the works on the land once the works themselves had been completed.”

WLR Daily, 22nd 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.

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) – WLR Daily

Posted March 24th, 2010 in appeals, confiscation, law reports, proceeds of crime by sally

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) [2010] EWCA Civ 285; [2010] WLR (D) 84

“A court had jurisdiction to make a management receivership order over any property on the basis that it was realisable property where an issue was still to be determined between the Revenue and Customs Prosecution Office and an interested third party as to the beneficial interest in such property.”

WLR Daily, 22nd 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.

Connor v Surrey County Council – WLR Daily

Posted March 24th, 2010 in duty of care, law reports, mental health, negligence by sally

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd 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.

Barber v Croydon London Borough Council – Times Law Reports

Posted March 24th, 2010 in law reports by sally

Barber v Croydon London Borough Council

Court of Appeal

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that his behaviour might have been produced by his mental impairment.”

The Times, 24th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 23rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Jessop v R [2010] EWCA Crim 517 (22 March 2010)

Mendez & Anor v R [2010] EWCA Crim 516 (22 March 2010)

Source: www.bailii.org

Baxter v Mannion – WLR Daily

Posted March 22nd, 2010 in adverse possession, land registration, law reports, rectification, squatting by sally

Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82

“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”

WLR Daily, 19th 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.