law reports – Page 258 – Current Awareness

ENE Kos 1 Ltd v Petroleo Brasilieiro SA – WLR Daily

Posted November 5th, 2009 in costs, law reports, payment into court by sally

ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313

“The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office.”

WLR Daily, 4th November 2009

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.

Michel v The Queen – WLR Daily

Posted November 5th, 2009 in bias, Jersey, judiciary, law reports by sally

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

WLR Daily, 4th November 2009

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.

ENE Kos 1 Ltd v Petroleo Brasilieiro SA – Times Law Reports

Posted November 5th, 2009 in law reports by sally

ENE Kos 1 Ltd v Petroleo Brasilieiro SA

Court of Appeal

The Times, 5th November 2009

Source: www.timesonline.co.uk

EBR Attridge Law LLP (formerly Attridge Law) (a Firm) and Another v Coleman – Times Law Reports

Posted November 5th, 2009 in law reports by sally

EBR Attridge Law LLP (formerly Attridge Law) (a Firm) and Another v Coleman

Employment Appeal tribunal

“The carer of a disabled son who was not herself disabled was entitled to bring a claim of disability discrimination against her employers on the ground of her son’s disability.”

The Times, 5th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 4th, 2009 in law reports by sally

High Court (Patents Court)

Grimme Landmaschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2009] EWHC 2691 (Pat) (03 November 2009)

High Court (Queen’s Bench Division)

ABC & Ors v CDE & Ors [2009] EWHC 2718 (QB) (03 November 2009)

Winslet v Associated Newspapers Ltd [2009] EWHC 2735 (QB) (03 November 2009)

Debt Collection London Ltd & Anor v SK Slavia Praha- Fotbal AS [2009] EWHC 2726 (QB) (03 November 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 3rd, 2009 in law reports by sally

High Court (Chancery Division)

A1 Lofts Ltd v Revenue and Customs [2009] EWHC 2694 (Ch) (30 October 2009)

Sectorguard Plc v Dienne Plc [2009] EWHC 2693 (Ch) (03 November 2009)

High Court (Queen’s Bench Division)

Accentuate Ltd v Asigra Inc (A Company Incorporated In Canada) [2009] EWHC 2655 (QB) (30 October 2009)

Source: www.bailii.org

Regina (Chester) v Secretary of State for Justice and Another – Times Law Reports

Posted November 3rd, 2009 in law reports by sally

Regina (Chester) v Secretary of State for Justice and Another

Queen’s Bench Division

“An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in the process of laying proposals before Parliament in response to a ruling of the European Court of Justice.”

The Times, 3rd November 2009

Source: www.timesonline.co.uk

Parents who cheat to get child into a good school may face court – The Times

Posted November 3rd, 2009 in law reports, news by sally

“Parents who ‘steal’ places for their children at the most popular schools should face tough new penalties, a report by a government adviser recommended yesterday.”

Full story

The Times, 3rd November 2009

Source: www.timesonline.co.uk

BAILII – Recent Decisions

Posted November 2nd, 2009 in law reports by sally

High Court (Administrative Court)

Ellerton, R (on the application of) v Secretary of State for Justice [2009] EWHC 2661 (Admin) (28 October 2009)

Brown v Carlisle City Council & Anor [2009] EWHC 2519 (Admin) (16 October 2009)

RSPCA v Johnson [2009] EWHC 2702 (Admin) (16 October 2009)

Gerstenkorn v General Medical Council [2009] EWHC 2682 (Admin) (12 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 2nd, 2009 in law reports by sally

Supreme Court

Sigma Finance Corporation, Re [2009] UKSC 2 (29 October 2009)

Court of Appeal (Civil Division)

Trustees Ltd v Papakyriacou & Anor [2009] EWCA Civ 1089 (27 October 2009)

Somjee v Barnsley District General Hospital NHS Foundation Trust [2009] EWCA Civ 1126 (30 October 2009)

Petroleo Brasilieiro S.A v E.N.E Kos 1 Ltd [2009] EWCA Civ 1127 (30 October 2009)

Court of Appeal (Criminal Division)

Gibbon & Ors, R v [2009] EWCA Crim 2198 (16 October 2009)

Diamond, R v [2009] EWCA Crim 2193 (12 October 2009)

Britton, R v [2009] EWCA Crim 1915 (23 September 2009)

Source: www.bailii.org

BTA Bank JSC v Ablyazov and others – WLR Daily

Posted November 2nd, 2009 in disclosure, law reports, proceeds of crime, self-incrimination by sally

BTA Bank JSC v Ablyazov and others [2009] EWCA Civ 1958; [2009] WLR (D) 311

“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”

WLR Daily, 30th October 2009

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 (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

Posted November 2nd, 2009 in confidentiality, criminal records, disclosure, law reports, police by sally

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening)

[2009] UKSC 3; [2009] WLR (D) 310

“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”

WLR Daily, 30th October 2009

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

Posted October 30th, 2009 in law reports by sally

High Court (Technology and Construction Court)

SG South Ltd. v King’s Head Cirencester LLP & Anor [2009] EWHC 2645 (TCC) (29 October 2009)

ROK Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC) (30 October 2009)

Source: www.bailii.org

Earles v Barclays Bank plc – WLR Daily

Posted October 30th, 2009 in contracts, costs, disclosure, electronic filing, law reports by sally

Earles v Barclays Bank plc [2009] EWHC 2500 (Mercantile); [2009] WLR (D) 309

“Although there was no duty on the parties to preserve documents prior to the commencement of proceedings, after proceedings had begun, the situation was radically different. That was particularly so in relation to electronic information stored by a bank.”

WLR Daily, 29th October 2009

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.

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) – WLR daily

Posted October 30th, 2009 in EC law, law reports, res judicata, trade marks by sally

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-140/08); [2009] WLR (D) 308

“In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition proceedings, since no force of res judicata attaches to such decisions.”

WLR Daily, 29th October 2009

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.

Ali v Birmingham City Council – Times Law Reports

Posted October 30th, 2009 in law reports by sally

Ali v Birmingham City Council

Court of Appeal

“The words ‘inform’ and ‘notify’ did not necessarily mean the same thing. In section 193(5) of the Housing Act 1996, ‘inform’ applied to the content of a notice and required more from a local authority than ‘notify’; it also included ‘make sure that it was understood’.”

The Times, 30th October 2009

Source: www.timesonline.co.uk

Joseph and Others v Spiller and Another – Times Law Reports

Posted October 30th, 2009 in law reports by sally

Joseph and Others v Spiller and Another

Court of Appeal

“Where terms in an agency contract were unlawfully contained in a separate document to the main contract, that breach did not necessarily operate to render the entire contract, or even the terms themselves, unenforceable.”

The Times, 30th October 2009

Source: www.timesonline.co.uk