law reports – Page 275 – Current Awareness

Octagon v Remblance and another – WLR Daily

Posted June 19th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196

“In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one of the conditions in r 6.5(4)(a) of the Insolvency Rules 1986, merely because the guarantor could afford to pay the debt. Moreover, where the tenant’s and guarantor’s liability were co-extensive and there were no good reasons for distinguishing between the position of the guarantor and that which would obtain if the tenant applied under r 6.5(4)(a) to set aside a statutory demand, justice and r 6.5(4)(d) of the 1986 Rules demanded that a statutory demand obtained against the guarantor should be set aside.”

WLR Daily, 18th 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.

Gray v Thames Trains Ltd – WLR Daily

Posted June 19th, 2009 in accidents, damages, law reports, negligence, post-traumatic stress disorder, railways by sally

Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195

“A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of earnings following his detention after the killing in prison, and subsequently in hospital under ss 37 and 41 of the Mental Health Act 1983.”

WLR Daily, 18th 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.

AS (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted June 19th, 2009 in appeals, children, immigration, law reports by sally

AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194

“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”

WLR Daily, 18th 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.

Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus – WLR Daily

Posted June 19th, 2009 in Cyprus, law reports by sally

Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus [2009] WLR (D) 193

“A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive’s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the meaning of s 20(3) of the Extradition Act 2003. It was a matter of fact as to whether or not the fugitive had attended the trial. A fugitive’s state of mind was relevant in considering whether he ‘deliberately’ absented himself from his trial and he ‘deliberately’ absented himself where he made a conscious decision not to attend.”

WLR Daily, 18th 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 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

T & Ors R v [2009] EWCA Crim 1035 (05 June 2009)

Court of Appeal (Civil Division)

Adler v Ananhall Advisory & Consultancy Services Ltd [2009] EWCA Civ 586 (18 June 2009)

UBS AG & Anor v HSH Nordbank AG [2009] EWCA Civ 585 (18 June 2009)

Greenstein & Anor v Broome and Wellington LP [2009] EWCA Civ 589 (18 June 2009)

High Court (Chancery Division)

Homeserve Membership Ltd v Revenue and Customs [2009] EWHC 1311 (Ch) (18 June 2009)

High Court (Queen’s Bench Division)

Bray v Deutsche Bank AG (Rev. 1) [2009] EWHC 1356 (QB) (18 June 2009)

High Court (Family Division)

Hudson v Leigh [2009] EWHC 1306 (Fam) (05 June 2009)

High Court (Administrative Court)

Poku, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 1380 (Admin) (18 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Clarke v R. [2009] EWCA Crim 1074 (12 June 2009)

Court of Appeal (Civil Division)

Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009)

Sonmez v Secretary of State for the Home Department & Ors [2009] EWCA Civ 582 (17 June 2009)

Mehra v Mehra & Aras [2009] EWCA Civ 584 (17 June 2009)

Copley v Lawn & Ors [2009] EWCA Civ 580 (17 June 2009)

High Court (Chancery Division)

Cobden Investments Ltd v RWM Langport Ltd & Ors [2009] EWHC 1362 (Ch) (17 June 2009)

Polo Woods Foundation v Shelton-Agar & Anor [2009] EWHC 1361 (Ch) (17 June 2009)

Tanks and Vessels Industries Ltd v Devon Cider Company Ltd [2009] EWHC 1360 (Ch) (17 June 2009)

High Court (Queen’s Bench)

Alexis v London Borough of Newham [2009] EWHC 1323 (QB) (15 June 2009)

High Court (Family Division)

Bath & North East Somerset Council v A Mother & Ors [2008] EWHC B10 (Fam) (22 December 2008)

High Court (Administrative Court)

Abdi, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1324 (Admin) (22 May 2009)

London District Properties Management Ltd & Ors v Goolamy & Anor [2009] EWHC 1367 (Admin) (16 June 2009)

High Court (Technology and Construction Court)

Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC) (09 June 2009)

High Court (Commercial Court)

Toprise Fashions Ltd v Nik Nak Clothing Co Ltd & Ors [2009] EWHC 1333 (Comm) (17 June 2009)

Source: www.bailii.org

In re Attorney General’s Reference (No 3 of 1999) – WLR Daily

Posted June 18th, 2009 in anonymity, human rights, law reports, privacy by sally

In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192

“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”

WLR Daily, 17th 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.

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd – WLR Daily

Posted June 18th, 2009 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190

“An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no obligation on the part of the retailer to make any payment in cash or kind for the hire of the photocopiers.”

Source: www.lawreport.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Official Receiver v McKay – WLR Daily

Posted June 18th, 2009 in bankruptcy, law reports, proof by sally

Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191

“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer existed at the time the annulment order was made, without investigating whether the proven debt had been fully paid or expunged.”

WLR Daily, 17th 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.

Lewis and another v Metropolitan Property Realisations Ltd – WLR Daily

Posted June 18th, 2009 in assignment, bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189

“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”

WLR Daily, 17th 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.

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 18th, 2009 in health & safety, law reports, noise by sally

Baker and Others v Quantum Clothing and Others

Court of Appeal

“Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

Posted June 18th, 2009 in anonymity, freedom of expression, human rights, law reports, privacy by sally

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

House of Lords Judgments: What’s new?

Posted June 17th, 2009 in law reports by sally

AS (Somalia) (FC) and another (Appellants) v Secretary of State for the Home Department (Respondent) [2009] UKHL 32 (17 June 2009)

Gray (Original Respondent and Cross appellants) v Thames Trains and others (Original Appellant and Cross respondents) [2009] UKHL 33 (17 June 2009)

Attorney-General’s Reference No. 3 of 1999: Application by the British Broadcasting corporation to set aside or vary a Reporting Restriction Order [2009] UKHL 34 (17 June 2009)

TRM Copy Centres (UK) Limited and others (Respondents) v Lanwall Services Limited (Appellants) [2009] UKHL 35 (17 June 2009)

Source: www.parliament.uk

R v Clarke (Joseph) – WLR Daily

Posted June 17th, 2009 in conditional discharge, confiscation, law reports, sentencing by sally

R v Clarke (Joseph) [2009] EWCA Crim 1074; [2009] WLR (D) 188

“The Crown Court had no power to impose a confiscation order against a defendant following conviction of an offence for which he or she had been sentenced by way of an absolute or conditional discharge.”

WLR Daily, 16th 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.

Bocardo SA v Star Energy UK Onshore Ltd and anr – WLR Daily

Posted June 17th, 2009 in law reports, oil wells, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and anr [2009] EWCA Civ 579; [2009] WLR (D) 187

“A party, under licence from the Crown to search for, bore and obtain oil, which drilled and used pipelines to extract the oil from land without the grant of permission by the owner of the paper title in exclusive possession of that land, committed a trespass, although such trespass was purely technical in that no interference was effected on the landowner’s use or enjoyment of his land, nor did the latter have any rights to the oil which belonged exclusively to the Crown and its licensee.”

WLR Daily, 16th 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.

Alexis v Newham London Borough Council – WLR Daily

Posted June 17th, 2009 in law reports, negligence, personal injuries, poisoning, school children, teachers by sally

Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable in all the circumstances to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

WLR Daily, 16th 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.

R (Abdullah) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2009 in asylum, EC law, law reports, marriage by sally

R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185

“Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and reg 29 of the Immigration (European Economic Area) Regulations 2006 by reason of there being pending an appeal against the refusal of his application for a residence card under reg 17 of those regulations.”

WLR Daily, 16th 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.

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Posted June 17th, 2009 in confidentiality, human rights, law reports, prisons by sally

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 17th, 2009 in health & safety, law reports by sally

Baker and Others v Quantum Clothing and Others

Court of Appeal

Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.

The Times, 17th June 2009

Source: www.timesonline.co.uk