Category: law reports

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 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.

BAILII: Recent Decisions

Posted February 16th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] EWCA Civ 79 (15 February 2010)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 206 (Admin) (15 February 2010)

High Court (Chancery Division)

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd [2010] EWHC 216 (Ch) (15 February 2010)

Rolfe & Anor v Bernard Samuel Rolfe Tulsesense Ltd [2010] EWHC 244 (Ch) (15 February 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council [2010] EWHC 139 (TCC) (29 January 2010)

Source: www.bailii.org

Martin v Secretary of State for Work and Pensions – Times Law Reports

Posted February 16th, 2010 in law reports by sally

Court of Appeal

“The value of a property in France held by a social security recipient living in France could be included in his capital, thus depriving him of his benefit even if the property was held on trust for a third party since an implied trust was unknown in French law.”

The Times, 16th February 2010

Soure: www.timesonline.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 16th, 2010 in enforcement notices, housing, law reports, planning by sally

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 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.

Eweida v British Airways plc – WLR Daily

Posted February 16th, 2010 in airlines, appeals, employment, law reports, religious discrimination by sally

Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37

 “A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination.”

WLR Daily, 15th February 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.

BAILII: Recent Decisions

Posted February 15th, 2010 in law reports by sally

Supreme Court

McInnes v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 7 (10 February 2010)

Allison v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 6 (10 February 2010)

High Court (Administrative Court)

Asztaslos v Szekszard City Court, Hungary [2010] EWHC 237 (Admin) (12 February 2010)

High Court (Chancery Division)

Phonographic Performance Ltd v British Hospitality Association & Ors [2009] EWHC 209 (Ch) (12 February 2010)

CDV Software Entertainment AG v Gamecock Media Europe Ltd & Ors [2010] EWHC 159 (Ch) (12 February 2010)

High Court (Commercial court)

Kommune & Anor v Depfa ACS Bank & Anor [2010] EWHC 227 (Comm) (12 February 2010)

Norscot Rig Management PVT Ltd v Essar Oilfields Services Ltd [2010] EWHC 195 (Comm) (12 February 2010)

Yechiel v Kerry London Ltd [2010] EWHC 215 (Comm) (12 February 2010)

High Court (Queen’s Bench Division)

Carter v Ministry of Justice [2010] EWHC 60 (QB) (12 February 2010)

Draycott & Anor v Hannells Letting Ltd (t/a Hannells Letting Agents) [2010] EWHC 217 (QB) (12 February 2010)

Guerrero & Ors v Monterrico Metals Plc & Anor [2010] EWHC 160 (QB) (12 February 2010)

Source: www.bailii.org

R (Ghai) v Newcastle upon Tyne City Council (Ramgharia Gurdwara, Hitchin and others intervening) – WLR Daily

Posted February 15th, 2010 in burials and cremation, law reports by sally

R (Ghai) v Newcastle upon Tyne City Council (Ramgharia Gurdwara, Hitchin and others intervening) [2010] EWCA Civ 59; [2010] WLR (D) 36

“The aims of the provisions of the Cremation Act 1902 were to ensure that cremations were subject to uniform rules throughout the country, to enable the Secretary of State to regulate the manner and places in which cremations were carried out, to require a crematorium to be a building which was appropriately equipped and to ensure that a crematorium was not located near homes or roads. Further, the Act envisaged that crematoria would be constructed, so that, provided a structure was relatively permanent and substantial so that it could properly be said to have been constructed and provided it could normally be so described, the structure would be a ‘building’ within s 2 giving that word its natural and wide meaning.”

WLR Daily, 12th February 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.

Byers and Others v Yacht Bull Corporation and Another – Times Law Reports

Posted February 15th, 2010 in law reports by sally

Byers and Others v Yacht Bull Corporation and Another

Chancery Division

“The court had no jurisdiction to hear a claim by English liquidators to beneficial ownership of a yacht acquired by money from Madoff Securities International Ltd.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

BW Gas AS v JAS Shipping Ltd [2010] EWCA Civ 68 (11 February 2010)

Kulkarni v Manor Credit (Davenham) Ltd [2010] EWCA Civ 69 (11 February 2010)

Humphreys v Revenue and Customs [2010] EWCA Civ 56 (11 February 2010)

Ewing v Director of Public Prosecutions & Ors [2010] EWCA Civ 70 (11 February 2010)

Barber v London Borough of Croydon [2010] EWCA Civ 51 (11 February 2010)

West Sussex County Council v Russell [2010] EWCA Civ 71 (12 February 2010)

Eweida v British Airways Plc [2010] EWCA Civ 80 (12 February 2010)

Court of Appeal (Criminal Division)

Thomas & Ors, R. v [2010] EWCA Crim 148 (11 February 2010)

Khalisadar v R. [2010] EWCA Crim 147 (11 February 2010)

Khatun v R. [2010] EWCA Crim 138 (11 February 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Gibson & Ors v Sheffield City Council [2010] EWCA Civ 63 (10 February 2010)

Green v Secretary of State for Communities and Local Government & Ors [2010] EWCA Civ 64 (10 February 2010)

Online Catering Ltd v Acton & Anor [2010] EWCA Civ 58 (10 February 2010)

Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66 (10 February 2010)

Bascetta & Anor v Abbey National Plc [2010] EWCA Civ 62 (10 February 2010)

Ghai, R (on the application of) v Newcastle City Council & Ors [2010] EWCA Civ 59 (10 February 2010)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 (10 February 2010)

Humphreys v Revenue and Customs [2010] EWCA Civ 56 (11 February 2010)

Barber v London Borough of Croydon [2010] EWCA Civ 51 (11 February 2010)

High Court (Chancery Division)

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch) (10 February 2010)

High Court (Commercial Court)

Venture North Sea Gas Ltd v Nuon Exploration & Production UK Ltd [2010] EWHC 204 (Comm) (10 February 2010)

Royal Bank of Scotland Plc v Highland Financial Partners LP & Anor [2010] EWHC 194 (Comm) (10 February 2010)

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm) (10 February 2010)

Ed&f Man Commodity Advisers Ltd & Anor v Fluxo-Cane Overseas Ltd & Anor [2010] EWHC 212 (Comm) (11 February 2010)

Titan Steel Wheels Ltd v The Royal Bank of Scotland Plc [2010] EWHC 211 (Comm) (11 February 2010)

Source: www.bailii.org

Online Catering Ltd v Acton and another – WLR Daily

Posted February 12th, 2010 in company law, law reports, sale of goods by sally

Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35

“The Bills of Sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under the Acts if the relevant contracting party was a company.”

WLR Daily, 11th February 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.

Midgulf International Ltd v Groupe Chimique Tunisien – WLR Daily

Posted February 12th, 2010 in appeals, arbitration, documents, injunctions, law reports by sally

Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34

“Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there was no such agreement and the English Court could restrain that party who had submitted to the jurisdiction of English court from instituting or continuing the action in the foreign court contrary to the arbitration agreement.”

WLR Daily, 11th February 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.

Irish Reel Productions Ltd v Capitol Films Ltd – WLR daily

Posted February 12th, 2010 in costs, law reports, winding up by sally

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33

“Where a person presented a winding up petition and appeared at the hearing of an administration application the court had jurisdiction to order that the costs of prosecuting the petition were payable as an expense of the administration.”

WLR Daily, 11th February 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.

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) – WLR Daily

Posted February 12th, 2010 in appeals, children, guardianship, law reports by sally

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32

“When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question whether there had been a ‘change in circumstances’  for the purposes of that provision.”

WLR Daily, 11th February 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.

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

Posted February 12th, 2010 in confidentiality, intelligence services, law reports, public interest immunity, torture by sally

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th February 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.

R v Hancox and another – WLR Daily

Posted February 11th, 2010 in appeals, crime prevention, law reports, serious crime prevention orders by sally

R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30

“The interference that the imposition of a serious crime prevention order would make to a defendant’s freedom of action 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.”

WLR Daily, 10th February 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.

R v Carter (David) – WLR Daily

Posted February 11th, 2010 in juries, jury directions, law reports by sally

R v Carter (David) [2010] WLR (D) 29

“Where a member of the jury had to be discharged, at whatever stage of the trial, there was no requirement that the remaining members of the jury be directed to ignore the views expressed on any subject by the departed juror.”

WLR Daily, 10th February 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.

McInnes v HM Advocate – Times Law Reports

Posted February 11th, 2010 in law reports by sally

McInnes v HM Advocate

Supreme Court

“When considering whether a criminal conviction in Scotland should be overturned because of a failure by the Crown to disclose witness statements to the defence, the question for the High Court of Justiciary to consider was whether, taking all the circumstances of the trial into account, there was a real possibility that the jury would have arrived at a different verdict if the material had been available.”

The Times, 11th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 10th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hussain & Anor, R. v [2010] EWCA Crim 94 (20 January 2010)

High Court (Chancery Division)

Tew & Ors v BoS (Shared Appreciation Mortgages) No 1 Plc & Ors [2010] EWHC 203 (Ch) (22 January 2010)

High Court (Family Division)

Doctor A & Ors v Ward & Anor [2010] EWHC 205 (Fam) (09 February 2010)

High Court (Administrative Court)

W, R (on the application of) v London Borough of Brent [2010] EWHC 175 (Admin) (09 February 2010)

Hoole, R (on the application of) v The Parole Board [2010] EWHC 186 (Admin) (09 February 2010)

Source: www.bailii.org

Regina v Irving; Regina v Squires – Times Law Reports

Posted February 10th, 2010 in law reports by sally

Regina v Irving; Regina v Squires

Court of Appeal (Criminal Division)

“Greater efforts were needed to ensure that correct information was available to sentencing judges so that proper effect could be given to the requirement to give credit for half of the number of any days spent by an offender on bail subject to a qualifying curfew condition and an electronic monitoring condition.”

The Times, 10th February 2010

Source: www.timesonline.co.uk