law reports – Page 268 – Current Awareness

Octagon Assets Ltd v Remblance and Another – Times Law Reports

Posted July 27th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon Assets Ltd v Remblance and Another

Court of Appeal

“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

In re X (a Child) (Rights of media attendance) – Times Law Reports

Posted July 27th, 2009 in family courts, law reports, media by sally

In re X (a Child) (Rights of media attendance)

Family Division

“The burden of satisfying the court that the media should be excluded from a hearing in family proceedings lay upon the party applying for the exclusion.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791 (23 July 2009)

Secretary of State for the Home Department v GG [2009] EWCA Civ 786 (23 July 2009)

Whirlpool Corporation & Anor v Kenwood Ltd [2009] EWCA Civ 753 (23 July 2009)

Lancore Services Ltd v Barclays Bank Plc [2009] EWCA Civ 752 (23 July 2009)

JF & Anor,R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009)

Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Ors [2009] EWCA Civ 789 (23 July 2009)

Markel International Insurance Co Ltd v Higgins [2009] EWCA Civ 790 (23 July 2009)

Headway Plc v Eastearly Ltd [2009] EWCA Civ 793 (23 July 2009)

Riaz v Fowler & Anor [2009] EWCA Civ 760 (23 July 2009)

Afolayan v MRCS Ltd & Anor [2009] EWCA Civ 796 (24 July 2009)

D (A Child), Re [2009] EWCA Civ 754 (24 July 2009)

High Court (Administrative Court)

Compton, R (on the application of) v Wiltshire Primary Care Trust [2009] EWHC 1824 (Admin) (22 July 2009)

Kay, R (on the application of) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin) (23 July 2009)

Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin) (24 July 2009)

Verity, R (on the application of) v Chief Constable of North Yorkshire Police [2009] EWHC 1879 (Admin) (24 July 2009)

Khan, R (on the application of) v Election Commissioner for the Aston Ward (Birmingham City Council) [2009] EWHC 1757 (Admin) (24 July 2009)

High Court (Chancery Division)

Bourne & 101 Ors v The Charit-Email Technology Partnership LLP [2009] EWHC 1901 (Ch) (23 July 2009)

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd & Ors [2009] EWHC 1839 (Ch) (24 July 2009)

High Court (Commercial Court)

E.N.E. Kos v Petroleo Brasileiro S.A. (Petrobas) [2009] EWHC 1843 (Comm) (23 July 2009)

High Court (Queen’s Bench Division)

Hopps v Mott Macdonald Ltd & Anor [2009] EWHC 1881 (QB) (24 July 2009)

Faisaltex Ltd & Ors v Lancashire Constabulary & Anor [2009] EWHC 1884 (QB) (24 July 2009)

Bloomsbury International Ltd & Ors v Sea Fish Industry Authority & Anor [2009] EWHC 1721 (QB) (24 July 2009)

High Court (Technology & Construction Court)

Allen-Britten & Anor v Abels [2009] EWHC 1614 (TCC) (09 July 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 23rd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Tilley, R. v [2009] EWCA Crim 1426 (20 July 2009)

Court of Appeal (Civil Division)

O’Donnell v Shanahan & Anor [2009] EWCA Civ 751 (22 July 2009)

High Court (Administrative Court)

McDougal, R (on the application of) v Liverpool City Council [2009] EWHC 1821 (Admin) (22 July 2009)

Source: www.bailii.org

Central Bedfordshire Council v Housing Action Zone Ltd and Others – Times Law Reports

Posted July 23rd, 2009 in housing, law reports by sally

Central Bedfordshire Council v Housing Action Zone Ltd and Others

Court of Appeal

“On a judicial review of the reasonableness of a local authority’s decision to seek possession of land with unauthorised occupiers, the county court could look at a series of decisions including one made at the time of the hearing. If any one of the series could be shown to be unreasonable it could be challenged. The court should go beyond the pure rationality test.”

The Times, 23rd July 2009

Source: www.timesonline.co.uk

Regina (P) v Secretary of State for Justice – Times Law Reports

Posted July 23rd, 2009 in inquiries, law reports, prisons, young offenders by sally

Regina (P) v Secretary of State for Justice

Court of Appeal

“A real and immediate risk to life was required to justify a self-harming young man’s request that the State investigate treatment he received while detained in a young offenders institution.”

The Times, 23rd July 2009

Source: www.timesonline.co.uk

Her Majesty’s Treasury v Information Commissioner – WLR Daily

Posted July 23rd, 2009 in disclosure, freedom of information, law reports, public interest, tribunals by sally

Her Majesty’s Treasury v Information Commissioner [2009] EWHC 1811 (Admin); [2009] WLR (D) 251

“The convention that law officers’ advice to ministerial departments should not be disclosed without their consent continued to operate after the enactment of the Freedom of Information Act 2000, but was subject to the principles of that Act.”

WLR Daily, 22nd July 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 v Erskine; Regina v Williams – Times Law Reports

Posted July 22nd, 2009 in appeals, criminal procedure, diminished responsibility, law reports, murder by sally

Regina v Erskine; Regina v Williams

Court of Appeal (Criminal Division)

“Firm measures were required immediately to ensure that appeals against conviction and sentence could be heard without an excessive citation of earlier, largely factual decisions which did no more than illustrate or restate a principle.”

The Times, 22nd July 2009

Source: www.timesonline.co.uk

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary – Times Law Reports

Posted July 22nd, 2009 in contempt of court, law reports, police, search & seizure by sally

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary

Queen’s Bench Divisional Court

“A court order requiring the police to return items seized under a search warrant could not be enforced because no time had been set for compliance with the order.”

The Times, 21st July 2009

Source: www.timesonline.co.uk

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 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.

Slade v Slade – WLR Daily

Posted July 22nd, 2009 in contempt of court, law reports, sentencing by sally

Slade v Slade [2009] EWCA Civ 748; [2009] WLR (D) 248

“When a court was sentencing a contemnor for conduct which had already been the subject of sentencing founded upon a criminal conviction it was essential that the second court should be fully informed of the factors and circumstances reflected in the first sentence.”

WLR Daily, 20th July 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 July 22nd, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Devoy v William Doxford & Sons Ltd & Ors [2009] EWHC 1598 (QB) (21 July 2009)

Azaz v Denton & Anor [2009] EWHC 1759 (QB) (21 July 2009)

High Court (Chancery Division)

Howell & Ors v Lees-Millais & Ors [2009] EWHC 1754 (Ch) (17 July 2009)

National Grid Electricity Transmission Plc v McKenzie Harbour Management Resources Ltd & Ors [2009] EWHC 1817 (Ch) (21 July 2009)

Benedetti & Anor v Sawiris & Ors [2009] EWHC 1806 (Ch) (21 July 2009)

The Law Debenture Trust Corporation Plc v Elektrim SA & Anor (Rev 1) [2009] EWHC 1801 (Ch) (20 July 2009)

High Court (Administrative Court)

Phelps v First Secretary of State London Borough of Bromley & Ors [2009] EWHC 1676 (Admin) (10 July 2009)

London Borough of Hammersmith & Fulham v First-Tier Tribunal (Health, Education and Social Care Chamber) & Ors [2009] EWHC 1694 (Admin) (13 July 2009)

Gunn, R (on the application of) v Secretary State for Justice & Anor [2009] EWHC 1812 (Admin) (21 July 2009)

HM Treasury v The Information Commissioner [2009] EWHC 1811 (Admin) (21 July 2009)

High Court (Commercial Court)

Hall v Cable and Wireless Plc [2009] EWHC 1793 (Comm) (21 July 2009)

Source: www.bailii.org

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Posted July 21st, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Dallah Estate & Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [2009] EWCA Civ 755 (20 July 2009)

High Court (Administrative Court)

Bown v Bristol City Council [2009] EWHC 1747 (Admin) (20 July 2009)

Elvington Park Ltd & Anor v City of York Council [2009] EWHC 1805 (Admin) (20 July 2009)

The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1748 (Admin) (20 July 2009)

Barwick & Anor v Bridgend County Borough Council [2009] EWHC 1723 (Admin) (10 July 2009)

Source: www.bailii.org

Gutridge and others v Sodexo Ltd and another – WLR Daily

Posted July 20th, 2009 in employment, equal pay, law reports, sex discrimination, time limits by sally

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) – WLR Daily

Posted July 20th, 2009 in competition, law reports, telecommunications by sally

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245

“Where the relevant regulator was considering whether a mobile telecommunications company had ‘significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded.”

WLR Daily, 17th July 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 v Stewart (James) – Times Law Reports

Posted July 20th, 2009 in alcoholism, diminished responsibility, jury directions, law reports by sally

Regina v Stewart (James)

Court of Appeal (Criminal Division)

“Further guidance should be given to juries in murder trials as to the defence of diminished responsibility where the only basis for the alleged abnormality of mind arose from alcohol dependency syndrome without discernible brain damage.”

The Times, 20th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hutchison 3G UK Ltd v The Office of Communications [2009] EWCA Civ 683 (16 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Court of Appeal (Criminal Division)

CPS (Sussex) v Mattu [2009] EWCA Crim 1483 (17 July 2009)

High Court (Administrative Court)

Manhire, R (on the application of) v The Secretary of State for Justice [2009] EWHC 1788 (Admin) (16 July 2009)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2009] EWHC 1742 (Admin) (16 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

TW, R (on the application of) v Kent County Council [2009] EWHC 1790 (Admin) (17 July 2009)

High Court (Chancery Division)

The National Trust v Fleming & Ors [2009] EWHC 1789 (Ch) (17 July 2009)

High Court (Commercial Court)

Excelsior Group Productions Ltd v Yorkshire Television Ltd [2009] EWHC 1751 (Comm) (16 July 2009)

High Court (Family Division)

W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam) (17 July 2009)

High Court (Queen’s Bench Division)

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors [2009] EWHC 1765 (QB) (16 July 2009)

NXS v London Borough of Camden [2009] EWHC 1786 (QB) (16 July 2009)

Source: www.bailii.org

R v Stewart – WLR Daily

Posted July 17th, 2009 in alcoholism, diminished responsibility, law reports, murder by sally

R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244

“A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, at some levels of severity, what might appear to be voluntary drinking might be inseparable from the defendant’s underlying syndrome.”

WLR Daily, 16th July 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.