law reports – Page 247 – Current Awareness

“The erection and removal of straw bales, which concealed a new dwelling constructed without planning permission, formed part of the totality of building operations originally contemplated and intended to be carried out by the claimant.”

The Times, 9th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 8th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Shah & Anor v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31 (04 February 2010)

Moore v British Waterways Board [2010] EWCA Civ 42 (05 February 2010)

Norman Booth v Booth & Ors [2010] EWCA Civ 27 (05 February 2010)

Court of Appeal (Criminal Division)

Perkes & Anor v R [2010] EWCA Crim 101 (05 February 2010)

RCPO v C [2010] EWCA Crim 97 (05 February 2010)

London Borough of Croydon v Shanahan [2010] EWCA Crim 98 (05 February 2010)

High Court (Administrative Court)

Gomes, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 168 (Admin) (05 February 2010)

High Court (Commercial Court)

Glencore Energy UK Ltd v Transworld Oil Ltd [2010] EWHC 141 (Comm) (03 February 2010)

SOS Corporación Alimentaria, S.A. & Anor v Inerco Trade SA [2010] EWHC 162 (Comm) (08 February 2010)

High Court (Patents Court)

Research In Motion UK Ltd v Motorola Inc [2010] EWHC 118 (Pat) (03 February 2010)

High Court (Queen’s Bench Division)

Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB) (27 January 2010)

Terry v Persons Unknown (Rev 1) [2010] EWHC 119 (QB) (29 January 2010)

Debt Collect London Ltd & Anor v SK Slavia Praha- Fotbal A S [2010] EWHC 57 (QB) (02 February 2010)

Webster & Ors v Ridgeway Foundation School [2010] EWHC 157 (QB) (05 February 2010)

Jones v North West Strategic Health Authority [2010] EWHC 178 (QB) (05 February 2010)

Source: www.bailii.org

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted February 8th, 2010 in appeals, jurisdiction, law reports, state immunity by sally

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th 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.

Shah and another v HSBC Private Bank (UK) Ltd – WLR Daily

Posted February 8th, 2010 in appeals, banking, law reports, money laundering by sally

Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27

“Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ‘suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty.”

WLR Daily, 5th 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 (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted February 8th, 2010 in appeals, costs, forfeiture, law reports by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’ in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th 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.

Attorney General’s Reference (No 79 of 2009) – WLR Daily

Posted February 8th, 2010 in attorney general, law reports, sentencing by sally

Attorney General’s Reference (No 79 of 2009) [2010] WLR (D) 25

“In considering whether a sentence was unduly lenient the question for the Court of Appeal was whether the sentencing judge had, on the material presented to the Crown Court, erred in principle.”

WLR Daily, 5th 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 (Degainis) v Secretary of State for Justice – WLR Daily

Posted February 8th, 2010 in damages, detention, law reports by sally

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

“When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th 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.

National Navigation Co v Endesa Generacion SA – Times Law Reports

Posted February 8th, 2010 in law reports by sally

National Navigation Co v Endesa Generacion SA

Court of Appeal

“A judgment by a member state of the European Union, which ruled that an arbitration clause had not been incorporated into a contract and that proceedings should not be declined for that reason, although not on the merits of the case, was one that had to be enforced so that the English court was prevented from deciding the point differently.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 5th, 2010 in law reports by sally

Supreme Court

HM Treasury v Ahmed & Ors [2010] UKSC 5 (04 February 2010)

Court of Appeal (Criminal Division)

Hancox & Anor v R. [2010] EWCA Crim 102 (04 February 2010)

Court of Appeal (Civil Division)

Perinpanathan, R (on the application of) v City of Westminster Magistrates Court & Anor [2010] EWCA Civ 40 (04 February 2010)

The Port of London Authority v Ashmore [2010] EWCA Civ 30 (04 February 2010)

Republic of Argentina v NML Capital Ltd [2010] EWCA Civ 41 (04 February 2010)

High Court (Chancery Division)

Griffin v Uhy Hacker Young & Partners (a firm) [2010] EWHC 146 (Ch) (04 February 2010)

High Court (Administrative Court)

Fidler v Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin) (03 February 2010)

Chester, R (on the application of) v The Governor of HMP Wakefield [2010] EWHC 63 (Admin) (22 January 2010)

Source: www.bailii.org

Regina v Iqbal – WLR Daily

Posted February 5th, 2010 in appeals, confiscation, law reports, time limits by sally

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th 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.

Regina v Barker (Steven) – Times Law Reports

Posted February 5th, 2010 in law reports by sally

Regina v Barker (Steven)

Court of Appeal (Criminal Division)

“It was not necessarily appropriate for a defence advocate to conduct detailed crossexamination of a child witness at trial in respect of evidence purported to undermine that child’s credibility.”

The Times, 5th February 2010

Source: www.timesonline.co.uk

R v Hussain (Shabbir) – WLR Daily

Posted February 4th, 2010 in appeals, drug offences, law reports, medicines by sally

R v Hussain (Shabbir) [2010] WLR (D) 22

“A possessor of drugs did not commit an offence contrary to ss 4(1) and 5(3) of the Misuse of Drugs Act 1971 if he intended to supply the drugs outside the jurisdiction.”

WLR Daily, 3rd February 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.

Grays Timber Products Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 4th, 2010 in appeals, income tax, law reports, shareholders by sally

Grays Timber Products Ltd v Revenue and Customs Commissioners [2010] UKSC 4; [ 2010] WLR (D) 21

“In assessing whether employment-related securities had been disposed of for a consideration which exceeded their ‘market value’, so as to occasion a charge to income tax, it was necessary to postulate a notional sale between a hypothetical vendor and purchaser, with the personal characteristics of the actual vendor, such as his right under a subscription agreement to a disproportionately large part of the consideration paid, being ignored.”

WLR Daily, 3rd 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.

Grays Timber Products Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted February 4th, 2010 in law reports by sally

Grays Timber Products Ltd v Revenue and Customs Commissioners

Supreme Court

“In assessing whether employment-related securities had been disposed of for a price which exceeded their market value, so as to occasion a charge to income tax, it was necessary to postulate a notional sale between a hypothetical vendor and purchaser, with the personal characteristics of the actual vendor, such as his right under a subscription agreement to a disproportionately large part of the consideration paid, being ignored.”

The Times, 4th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hamidi & Anor, R. v [2010] EWCA Crim 66 (02 February 2010)

Court of Appeal (Civil Division)

JML Direct Ltd. v Freesat UK Ltd [2010] EWCA Civ 34 (02 February 2010)

Muschett v HM Prison Service [2010] EWCA Civ 25 (02 February 2010)

Revenue & Customs v Tower MCashback LLP 1 & Anor [2010] EWCA Civ 32 (02 February 2010)

High Court (Administrative Court)

Al-Le Logistics Ltd & Ors, R (on the application of) v Traffic Commissioner for the South Eastern and Metropolitan Traffic Area & Anor [2010] EWHC 134 (Admin) (02 February 2010)

High Court (Commercial Court)

Transfield Shipping Inc v Chiping Xinfa Huayu Alumina Co Ltd [2009] EWHC 3642 (Comm) (22 December 2009)

Great Western Trains Company Ltd v Network Rail Infrastructure Ltd [2010] EWHC 117 (Comm) (02 February 2010)

Porton Capital Technology Funds & Anor v 3m UK Holdings Ltd & Anor [2010] EWHC 114 (Comm) (02 February 2010)

Source: www.bailii.org

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 3rd, 2010 in appeals, change of use, housing, law reports, planning by sally

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Byers and others v Yacht Bull Corpn and another – WLR Daily

Posted February 3rd, 2010 in insolvency, jurisdiction, law reports, winding up by sally

Byers and others v Yacht Bull Corpn and another [2010] EWHC 133 (Ch); [2010] WLR (D) 18

“A claim to beneficial ownership of a yacht did not fall within the exception contained in art 1(2)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters so that the Regulation did not apply to ‘proceedings relating to the winding up of insolvent companies’.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Khan v United Kingdom – Times Law Reports

Posted February 3rd, 2010 in law reports by sally

Khan v United Kingdom

European Court of Human Rights

“The deportation of a Pakistani national who had lived in the United Kingdom since the age of three would be a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to a family life.”

The Times, 3rd February 2010

Source: www.timesonline.co.uk