BAILII: Recent Decisions
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
Category: law reports
Baxter v Mannion – WLR Daily
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.
Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily
“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”
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.
Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily
“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”
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.
R (JS (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79
“An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst being aware that his assistance would in fact further that purpose.”
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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Al-Jedda v Secretary of State for the Home Department [2010] EWCA Civ 212 (12 March 2010)
High Court (Chancery Division)
Johnson Machine and Tool Co Ltd & Anor, Re [2010] EWHC 582 (Ch) (18 March 2010)
National Westminster Bank Plc v Rushmer & Anor [2010] EWHC 554 (Ch) (19 March 2010)
High Court (Family Division)
S (A Child) [2010] EWHC B2 (Fam) (3 March 2010)
High Court (Commercial Court)
Deutsche Bank Ag v Vik & Anor [2010] EWHC 551 (Comm) (19 March 2010)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 (19 March 2010)
Connor v Surrey County Council [2010] EWCA Civ 286 (18 March 2010)
William Hare Ltd v Shepherd Construction Ltd [2010] EWCA Civ 283 (18 March 2010)
Owens v Noble [2010] EWCA Civ 284 (18 March 2010)
Lamb v Revenue and Customs Prosecutions Office [2010] EWCA Civ 285 (18 March 2010)
High Court (Chancery Division)
Bridgewater Canal Company Ltd v Geo Networks Ltd [2010] EWHC 548 (Ch) (19 March 2010)
Seyfried v Euro-IB Ltd. [2010] EWHC 553 (Ch) (18 March 2010)
High Court (Queen’s Bench Division)
Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 484 (QB) (18 March 2010)
Davenport v Farrow [2010] EWHC 550 (QB) (18 March 2010)
Lindsay v O’Loughnane [2010] EWHC 529 (QB) (18 March 2010)
High Court (Family Division)
D v D [2010] EWHC 138 (Fam) (11 March 2010)
High Court (Administrative Court)
Osborn v The Parole Board [2010] EWHC 580 (Admin) (19 March 2010)
High Court (Commercial Court)
Horwood & Ors v Land of Leather Ltd & Ors [2010] EWHC 546 (Comm) (18 March 2010)
Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd [2010] EWHC 542 (Comm) (18 March 2010)
Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)
Source: www.bailii.org
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) – WLR Daily
“A Roman Catholic adoption agency was entitled to rely on reg 18 of the Equality Act (Sexual Orientation) Regulations 2007 which afforded to charities generally an exemption from the prohibition of discrimination on grounds of sexual orientation. Accordingly, it was not unlawful for the agency to refuse to provide its services to same-sex couples.”
WLR Daily, 18th 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.
Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily
Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77
“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”
WLR Daily, 18th March 2010
Source: www.lawreports.co.uk
Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v W – Times Law Reports
Court of Appeal, Criminal Division
“Whether a defendant was acting dishonestly was a matter for the jury after a correct direction from the trial judge.”
The Times, 19th March 2010
Source: www.timesonline.co.uk
Gibson and Others v Sheffield City Council – Times Law Reports
Gibson and Others v Sheffield City Council
Court of Appeal
“Merely because an employer could explain a pay disparity, which was not directly discriminatory, that did not necessarily mean that the pay practice was not tainted by sex discrimination, so that the employer would have to justify that disparity objectively in order to rely on the genuine material factor defence in an equal pay claim.”
The Times, 19th March 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Lewis & Ors, R v [2010] EWCA Crim 496 (17 March 2010)
Court of Appeal (Civil Division)
Saccoccia v Crown Prosecution Service & Anor [2010] EWCA Civ 259 (16 March 2010)
Owens v Noble [2010] EWCA Civ 224 (10 March 2010)
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 (17 March 2010)
High Court (Chancery Division)
Maslyukov v Diageo Distilling Ltd & Anor [2010] EWHC 443 (Ch) (17 March 2010)
Tom Hoskins Plc v EMW Law (a firm) [2010] EWHC 479 (Ch) (11 March 2010)
High Court (Administrative Court)
Odes v General Medical Council [2010] EWHC 552 (Admin) (17 March 2010)
Source: www.bailii.org
MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily
“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”
WLR Daily, 17th 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
Supreme Court
Court of Appeal (Civil Division)
Agricullo Ltd v Yorkshire Housing Ltd [2010] EWCA Civ 229 (16 March 2010)
Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 (16 March 2010)
FN (Zimbabwe) v Secretary of State for the Home Department [2010] EWCA Civ 225 (16 March 2010)
Wiles v Social Security Commissioner & Anr [2010] EWCA Civ 258 (16 March 2010)
Cook v Thomas & Anor [2010] EWCA Civ 227 (17 March 2010)
Briggs & Ors v Nottingham University Hospitals NHS Trust [2010] EWCA Civ 264 (17 March 2010)
Court of Appeal (Criminal Division)
Hertfordshire Oil Storage Ltd v R. [2010] EWCA Crim 493 (16 March 2010)
High Court (Chancery Division)
Amin & Anor v Amin & Ors [2010] EWHC 528 (Ch) (16 March 2010)
High Court (Commercial Court)
Crema v Cenkos Securities Plc [2010] EWHC 461 (Comm) (16 March 2010)
High Court (Family Division)
A v L [2010] EWHC 460 (Fam) (11 March 2010)
Doctor A & Ors v Ward & Anor [2010] EWHC 538 (Fam) (15 March 2010)
High Court (Technology and Construction Court)
Mentmore Towers Ltd & Ors v Packman Lucas Ltd. [2010] EWHC 457 (TCC) (16 March 2010)
CFH Total Document Management Ltd. v OCE (UK) Ltd & Anor [2010] EWHC 541 (TCC) (16 March 2010)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Cadogan v Panagopoulos & Anor [2010] EWHC 422 (Ch) (15 March 2010)
High Court (Family Division)
W v W [2010] EWHC 332 (Fam) (04 March 2010)
High Court (Queen’s Bench Division)
Goldberg & Ors v Miltiadous & Ors [2010] EWHC 450 (QB) (15 March 2010)
High Court (Technology and Construction Court)
Carillion JM Ltd v PHI Group Ltd [2010] EWHC 496 (TCC) (10 March 2010)
Hall & Anor v Van Der Heiden [2010] EWHC 537 (TCC) (15 March 2010)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
McKeown v British Horseracing Authority [2010] EWHC 508 (QB) (12 March 2010)
High Court (Administrative Court)
Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) (12 March 2010)
Source: www.bailii.org
Agbaje v Agbaje – Times Law Reports
Supreme Court
“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
“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
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
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.
