law reports – Page 274 – Current Awareness

Hartlepool Borough Council v Llewellyn – WLR Daily

Posted July 1st, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”

WLR Daily, 30th June 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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 1st, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 215

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 30th June 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.

Progress Property Co Ltd v Moore and another – WLR Daily

Posted July 1st, 2009 in company directors, company law, fiduciary duty, law reports, subsidiary companies by sally

Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214

“The sale of a company’s assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the person arranging the sale honestly believed the transaction to be other than a gratuitous distribution of the company’s assets to shareholder, even though that person was the director of the selling and buying companies.”

WLR Daily, 29th June 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.

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th June 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 June 30th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Golden Key Ltd and the Insolvency Act 1986 [2009] EWCA Civ 636 (30 June 2009)

High Court (Queen’s Bench Division)

Smith v LC Window Fashions Ltd [2009] EWHC 1532 (QB) (30 June 2009)

High Court (Administrative Division)

Faulkner, R (on the application of) v Secretaru of State for Justice & Anor [2009] EWHC 1507 (Admin) (05 June 2009)

W v Warrington Magistrates Court [2009] EWHC 1538 (Admin) (30 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 30th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Akman, R. v [2009] EWCA Crim 1087 (15 May 2009)

Yemoh & Ors v R. [2009] EWCA Crim 930 (22 May 2009)

High Court (Chancery Division)

Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1531 (Ch) (29 June 2009)

High Court (Administrative Court)

Birmingham & Solihull Taxi Association & Anor, R (on the application of) v Birmingham International Airport Ltd & Anor [2009] EWHC 1462 (Admin) (23 June 2009)

Cannan v HMP Full Sutton [2009] EWHC 1517 (Admin) (29 June 2009)

High Court (Family Division)

AAA v ASH [2009] EWHC 636 (Fam) (27 March 2009)

Spencer v Spencer [2009] EWHC 1529 (Fam) (23 June 2009)

Source: www.bailii.org

Seaga v Harper (No 2) – WLR Daily

Posted June 30th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212

“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”

WLR Daily, 29th June 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.

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another – WLR Daily

Posted June 30th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another [2009] EWCA Civ 632; [2009] WLR (D) 211

“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”

WLR Daily, 29th June 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 June 29th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Progress Property Company Ltd v Moorgarth Group Ltd [2009] EWCA Civ 629 (26 June 2009)

Beer & Anor v Bexbes LLP [2009] EWCA Civ 628 (26 June 2009)

EN (Serbia) v Secretary of State for the Home Department [2009] EWCA Civ 630 (26 June 2009)

Armsden v Kent Police [2009] EWCA Civ 631 (26 June 2009)

Harms Offshore Aht “Taurus” GmbH & Co Kg v Bloom & Ors [2009] EWCA Civ 632 (26 June 2009)

Canadian Imperial Bank of Commerce v Beck [2009] EWCA Civ 619 (26 June 2009)

High Court (Chancery Division)

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2009] EWHC 1456 (Ch) (26 June 2009)

Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2009] EWHC 1437 (Ch) (17 June 2009)

Norwich City College of Further and Higher Education v McQuillin & Anor [2009] EWHC 1496 (Ch) (26 June 2009)

High Court (Family Division)

Leicestershire County Council v K C & Ors [2009] EWHC 1383 (Fam) (29 January 2009)

High Court (Admiralty Division)

“Western Neptune” Et Al, Owners, Demise Charterers & Time Charterers of the Ship v “Philadelphia Express”, Owners & Demise Charterers of the Ship [2009] EWHC 1522 (Admlty) (26 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 29th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Branchflower, R v [2009] EWCA Crim 1239 (20 May 2009)

Clarke, R v [2009] EWCA Crim 1228 (21 May 2009)

Seager, R v [2009] EWCA Crim 1303 (26 June 2009)

High Court (Queen’s Bench Division)

Swift Technical Group Holdings Ltd & Ors v Mulcahy [2009] EWHC 1485 (QB) (08 June 2009)

Lockheed Martin Group v Willis Group Ltd [2009] EWHC 1436 (QB) (09 June 2009)

B v Reading Borough Council & Ors [2009] EWHC 998 (QB) (24 June 2009)

Rig Holdings LP v Aeroflex Test Solutions Ltd [2009] EWHC 1440 (QB) (25 June 2009)

Peters & Anor v Andrew [2009] EWHC 1511 (QB) (26 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

James, R v [2009] EWCA Crim 1261 (25 June 2009)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v Fattal & Ors [2009] EWHC 1446 (Ch) (25 June 2009)

High Court (Admiralty Division)

Western Neptune (Owners, Demise Charters and Time Charterers of) v Owners and Demise Charterers of the Philadelphia Express [2009] EWHC 1274 (Admlty) (25 June 2009)

Source: www.bailii.org

Vodafone2 v Commissioners for Revenue and Customs – Times Law Reports

Posted June 26th, 2009 in corporation tax, EC law, freedom of establishment, law reports by sally

Vodafone2 v Commissioners for Revenue and Customs

Court of Appeal

“In order to interpret United Kingdom legislation concerning the profits of controlled foreign companies in a way which avoided any unlawful restriction of a taxpayer company’s right to freedom of establishment, conferred by article 43 of the European Treaty, the court was entitled to introduce an additional exception to those contained in section 748(1)(a) to (e) and (3) of the Income and Corporation Taxes Act 1988.”

The Times, 26th June 2009

Source: www.timesonline.co.uk

Regina v Fazal – Times Law Reports

Posted June 26th, 2009 in conversion, law reports, proceeds of crime by sally

Regina v Fazal

Court of Appeal (Criminal Division)

“A defendant who allowed another person, B, to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having criminally converted that property.”

The Times, 26th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 25th, 2009 in law reports by sally

Court of Appeal (Civil Division)

QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 620 (24 June 2009)

P and P (Children), Re [2009] EWCA Civ 610 (24 June 2009)

Reeves v Blake [2009] EWCA Civ 611 (24 June 2009)

High Court (Queen’s Bench Division)

Johnson v MGN Ltd [2009] EWHC 1481 (QB) (24 June 2009)

Marketmaker Technology (Beijing) Co Ltd & Ors v CMC Group Plc & Ors [2009] EWHC 1445 (QB) (24 June 2009)

Source: www.bailii.org.

Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry) – Times Law Reports

Posted June 25th, 2009 in human rights, intimidation, juries, law reports, trial without jury by sally

Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry)

Court of Appeal

“A defendant’s right to a fair trial was not prejudiced by holding a criminal trial without a jury, where the danger of jury tampering was very significant and was not sufficiently addressed by proposed protective measures.”

The Times, 25th June 2009

Source; www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 24th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

G(G) & Anor, R. v [2009] EWCA Crim 1207 (12 June 2009)

DT, R. v [2009] EWCA Crim 1213 (04 June 2009)

Court of Appeal (Civil Division)

Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 (23 June 2009)

High Court (Chancery Division)

Estafnous v London & Leeds Business Centres Ltd. [2009] EWHC 1308 (Ch) (15 June 2009)

MCP Pension Trustees Ltd v AON Pension Trustees Ltd [2009] EWHC 1351 (Ch) (18 June 2009)

Curtis & Ors v Pulbrook & Anor [2009] EWHC 1370 (Ch) (17 June 2009)

High Court (Administrative Court)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1402 (Admin) (08 June 2009)

Onwuzulike v United States of America [2009] EWHC 1395 (Admin) (05 June 2009)

Boahen, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1407 (Admin) (05 June 2009)

Schwartz v Highbury Corner Magistrates’ Court [2009] EWHC 1397 (Admin) (03 June 2009)

Ambassador Cars Ltd., R (on the application of) v Central Criminal Court [2009] EWHC 1325 (Admin) (03 June 2009)

Kallmi v Albania [2009] EWHC 1411 (Admin) (02 June 2009)

Tilson v New Zealand [2009] EWHC 1410 (Admin) (02 June 2009)

High Court (Technology and Construction Court)

Imperial Cancer Research Fund & Anor v OVE ARUP & Partners Ltd & Anor [2009] EWHC 1453 (TCC) (23 June 2009)

North Midland Construction Plc v A E & E Lentjes UK Ltd [2009] EWHC 1371 (TCC) (18 June 2009)

Farm Assist Ltd v Secretary of State for the Environment, Food & Rural Affairs (No.2) [2009] EWHC 1102 (TCC) (19 May 2009)

Source: www.bailii.org

TRM Copy Centres Ltd v Lanwall Services Ltd – Times Law Reports

Posted June 24th, 2009 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres Ltd v Lanwall Services Ltd

House of Lords

“The essence of hire was that the hirer acquired the use and possession of goods from the provider in return for a rent, whether payable in cash or kind.”

The Times, 24th June 2009

Source: www.timesonline.co.uk

Regina (Miller and another) v Independent Assessor – WLR Daily

Posted June 23rd, 2009 in compensation, law reports, miscarriage of justice by sally

Regina (Miller and another) v Independent Assessor [2009] EWCA Civ 609; [2009] WLR (D) 206

“In assessing the compensation payable to a victim of miscarriage of justice who in consequence had served a term of imprisonment, the independent assessor should apply principles of other civil awards in respect of similar wrongs in order to achieve legal consistency with earlier decisions, having regard to the gravity of the offence of which the victim had been wrongly convicted and the period of his incarceration.”

WLR Daily, 22nd June 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.

Andrew Brown v Innovatorone plc and others – WLR Daily

Posted June 23rd, 2009 in law reports, service, solicitors by sally

Andrew Brown v Innovatorone plc and others [2009] EWHC 1376 (Comm); [2009] WLR (D) 205

“A claim form was not effectively served on a solicitor where the solicitor had not notified the claimant in writing that the solicitor had been instructed by the defendant to accept service on behalf of the defendant, and, while it did not require exceptional circumstances for exercise of the court’s power to authorise service by an alternative method to those specifically permitted, a rigorous approach was to be taken to the issue whether there was good reason to exercise that power.”

WLR Daily, 22nd June 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.