Category: law reports

Thornton and another v Director of Public Prosecutions – WLR Daily

Posted February 2nd, 2010 in appeals, judiciary, law reports, sentencing by sally

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st 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.

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st 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.

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st 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.

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st 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.

JA (Ivory Coast) v Secretary of State for the Home Department – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

JA (Ivory Coast) v Secretary of State for the Home Department

Court of Appeal

“It was necessary to weigh in the balance how far the proportionality of removal of an individual from the jurisdiction was affected by the history of any compassionate grant and renewal for medical treatment of leave to remain.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court

Queen’s Bench Divisional Court

“Service by a local authority of a notice to abate an alleged statutory nuisance did not comprise the institution of summary proceedings.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs

Chancery Division

“A person who knew that a transaction in which he participated was connected with fraudulent tax evasion was a participant in that fraud because he had a dishonest state of mind. By contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 1st, 2010 in law reports by sally

Supreme Court

Office of Communications v The Information Commissioner [2010] UKSC 3 (27 January 2010)

Guardian News and Media Ltd & Ors, Re HM Treasury v Ahmed & Ors [2010] UKSC 1 (27 January 2010)

HM Treasury v Ahmed & Ors [2010] UKSC 2 (27 January 2010)

High Court (Patents Court)

Medeva BV v The Comptroller General of Patents [2010] EWHC 68 (Pat) (27 January 2010)

High Court (Technology and Construction Court)

Robinson v P E Jones (Contractors) Ltd [2010] EWHC 102 (TCC) (27 January 2010)

Source: www.bailii.org

In re Guardian News and Media Ltd and others – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, media, privacy, public interest, Supreme Court, terrorism by sally

In re Guardian News and Media Ltd and others [2010] UKSC 1; [2010] WLR (D) 13 

“Where individuals challenged freezing orders made against them under the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 the general public interest in publishing a full report of the proceedings in which they were named justified curtailing their right to respect for their private and family lives.”

WLR Daily, 27th 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.

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, orders in council, Supreme Court, terrorism, ultra vires by sally

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same

“In introducing a test of reasonable suspicion that a person was involved in terrorism as the basis for making an asset-freezing order against him under the Terrorism (United Nations Measures) Order 2006 the Treasury exceeded its powers under the enabling provisions of s 1 of the United Nations Act 1946.”

WLR Daily, 27th January 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 (Huitson) v HM Revenue and Customs – WLR Daily

Posted February 1st, 2010 in double taxation, income tax, judicial review, law reports, retrospectivity by sally

R (Huitson) v HM Revenue and Customs [2010] EWHC 97 (Admin); [2010] WLR (D) 11

 “It was within the permissible area of discretionary judgment of Parliament, and compatible with art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, to legislate with retrospective effect to prevent taxpayers from seeking to use, by wholly artificial arrangements, a Double Tax Arrangement such as existed between the United Kingdom and the Isle of Man for a purpose for which it was not intended, so as to defeat the public policy that such an arrangement should do no more than relieve from double taxation.”

WLR Daily, 27th January 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 (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same

Court of Appeal

“The distinction made between convicted prisoners serving part of their sentences in psychiatric hospital and non-prisoners in respect of eligibility for welfare benefits was justifiable.”

The Times, 1st February 2010

Source: www.timesonline.co.uk

Regina v Hussain (Munir): Regina v Hussain (Tokeen) – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina v Hussain (Munir): Regina v Hussain (Tokeen)

Court of Appeal

“Where a case fell outside the scope of the official sentencing guidelines, the ancient principles of justice and mercy fell to be applied.”

The Times, 1st February, 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Wilkinson, R v [2009] EWCA Crim 2733 (11 December 2009)

Josephs, R v [2009] EWCA Crim 2800 (17 December 2009)

Sheppard & Anor, R v [2010] EWCA Crim 65 (29 January 2010)

C & Anor, R. v [2010] EWCA Crim 72 (29 January 2010)

Court of Appeal (Civil Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28 (29 January 2010)

Parkwood Leisure Ltd v Mark Alemo-Herron & 23 Ors [2010] EWCA Civ 24 (29 January 2010)

Welwyn Hatfield Council v Secretary of State for Communities and Local Government & Anor [2010] EWCA Civ 26 (29 January 2010)

High Court (Queen’s Bench Division)

LNS v Persons Unknown [2010] EWHC 119 (QB) (29 January 2010)

High Court (Chancery Division)

Nahome & Ors v Last Cawthra Feather Solicitors [2010] EWHC 76 (Ch) (29 January 2010)

Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch) (29 January 2010)

Webb v MacDonald & Anor [2010] EWHC 93 (Ch) (29 January 2010)

High Court (Administrative Division)

Allan v South Tyneside Law Courts [2010] EWHC 107 (Admin) (12 January 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Boughtwood v Oak Investment Partners XII, Ltd [2010] EWCA Civ 23 (28 January 2010)

Bradford (Valuation Officer) v Vtesse Networks Ltd [2010] EWCA Civ 16 (28 January 2010)

S-C (Children) [2010] EWCA Civ 21 (28 January 2010)

High Court (Chancery Division)

The Royal Bank of Scotland Plc v Chandra & Anor [2010] EWHC 105 (Ch) (28 January 2010)

High Court (Administrative Court)

Huitson, R (on the application of) v Revenue and Customs [2010] EWHC 97 (Admin) (28 January 2010)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2010] EWHC 90 (Comm) (28 January 2010)

Sawiris & Ors v Marwan [2010] EWHC 89 (Comm) (28 January 2010)

Fortis Bank SA & Anor v Indian Overseas Bank [2010] EWHC 84 (Comm) (28 January 2010)

High Court (Technology and Construction Court)

Fitzroy Robinson Ltd v Mentmore Towers Ltd [2010] EWHC 98 (TCC) (26 January 2010)

Source: www.bailii.org

Bhamra v Dubb – WLR Daily

Posted January 29th, 2010 in allergies, duty of care, food, law reports, negligence, Sikhism by sally

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 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.

Same v al-Ghabra; Regina (Youssef) v HM Treasury – Times Law Reports

Posted January 29th, 2010 in law reports by sally

Same v al-Ghabra; Regina (Youssef) v HM Treasury

Supreme Court

“The Treasury exceeded its powers by authorising, in on the test of reasonable suspicion alone, a major inroad into the rights of individuals to dispose of their assets as they chose and to live free of executive interference. The Terrorism (United Nations Measures) Order (SI 2006 No 2657) was accordingly to be quashed.”

The Times, 29th January 2010

Source: www.timesonline.co.uk

In re Guardian and Media News Ltd and Others – Times Law Reports

Posted January 29th, 2010 in law reports by sally

In re Guardian and Media News Ltd and Others

Supreme Court

“Where individuals challenged anti-terrorism asset-freezing orders, the general public interest in publishing a report of the proceedings in which they were named justified curtailing their rights to private life.”

The Times, 28th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 27th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hines v Secretary of State for the Home Department [2010] EWHC Civ 69 (Admin) (26 January 2010)

High Court (Commercial court)

Trafigura Pte Ltd & Anor v Emirates General Petroleum Corp (EMARAT) [2010] EWHC 87 (Comm) (26 January 2010)

Source: www.bailii.org

Land Securities plc and Others v Fladgate Fielder (a Firm) – Times Law Reports

Posted January 27th, 2010 in law reports by sally

Land Securities plc and Others v Fladgate Fielder (a Firm)

Court of appeal

“Property developers could not sue a party, who had challenged the grant of planning permission, for abuse of process or bringing proceedings maliciously, even if the motive of the challenger was to achieve a collateral objective.”

The Times, 27th January 2010

Source: www.timesonline.co.uk