Category: law reports

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“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the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

BAILII: Recent Decisions

Posted June 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Official Receiver v McKay [2009] EWCA Civ 467 (16 June 2009)

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2009] EWCA Civ 498 (16 June 2009)

High Court (Queen’s Bench Division)

The Author of A Blog v Times Newspapers Ltd [2009] EWHC 1358 (QB) (16 June 2009)

High Court (Administrative Court)

Farnesi v Court of Livorno, Italy [2009] EWHC 1199 (Admin) (19 May 2009)

High Court (Patents Court)

Tate & Lyle Technology Ltd v Freres [2009] EWHC 1312 (Pat) (16 June 2009)

Source: www.bailii.org

In re M (Restraint order: Reasonable living expenses) – Times Law Reports

Posted June 16th, 2009 in expenses, law reports, legal representation, restraint orders by sally

In re M (Restraint order: Reasonable living expenses)

Court of Appeal (Criminal Division)

“Where reasonable living expenses were made available as an exception to a restraining order, those expenses could not be used to pay contributions to the Legal Services Commission for publicly funded representation in related proceedings.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 16th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

House of Lords

“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

B(J), R. v [2009] EWCA Crim 1036 (14 May 2009)

Court of Appeal (Civil Division)

Lewis & Anor v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448 (12 June 2009)

High Court (Chancery Division)

Benedetti & Anor v Sawiris & Ors [2009] EWHC 1330 (Ch) (15 June 2009)

High Court (Queen’s Bench Division)

Motto & Ors v Trafigura Ltd & Anor [2009] EWHC 1246 (QB) (18 May 2009)

Pankhurst v White & Anor [2009] EWHC 1117 (QB) (10 June 2009)

High Court (Administrative Court)

Gabriel v Court of First Instance and Instruction No 1 of Cadiz, Spain [2009] EWHC 1282 (Admin) (03 June 2009)

Mehmet, R (on the application of) v Secretary of State for Justice [2009] EWHC 1202 (Admin) (02 June 2009)

High Court (Commercial Court)

Levicom International Holdings BV & Anor v Linklaters (a firm) [2009] EWHC 1334 (Comm) (06 May 2009)

High Court (Patents Court)

Kapur v Comptroller General of Patents [2009] EWHC 1302 (Pat) (14 May 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

DS (India) v Secretary of State for the Home Department [2009] EWCA Civ 544 (12 June 2009)

Court of Appeal (Criminal Division)

G(G) and B(S), R. v [2009] EWCA Crim 1077 (12 June 2009)

Campbell, R. v [2009] EWCA Crim 1076 (12 June 2009)

High Court (Chancery Division)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2009] EWHC 1326 (Ch) (12 June 2009)

JN Dairies Ltd. v Johal Dairies Ltd & Anor [2009] EWHC 1331 (Ch) (12 June 2009)

Campbell & Anor v Banks & Ors [2009] EWHC 1147 (Ch) (12 June 2009)

High Court (Administrative Court)

D (A Child), R (on the application of) v Birmingham City Council [2009] EWHC 1319 (Admin) (12 June 2009)

High Court (Patents Court)

Edwards Lifesciences AG v Cook Biotech Incorporated [2009] EWHC 1304 (Pat) (12 June 2009)

Source: www.bailii.org

Secretary of State for Work and Pensions v Yates – WLR Daily

Posted June 15th, 2009 in domicile, inflation, law reports, pensions, widows by sally

Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] WLR (D) 184

“A Canadian widow who, on her marriage to a British national in Canada, received a British pension based on her husband’s contributions and paid at the rate applicable to the inflation uprating he received, frozen at the time he emigrated, was entitled on his death to a higher rate of pension calculated at the same inflation uprating. She was not entitled to have her pension based on the uprating applicable at the time of his death.”

WLR Daily, 12th 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.

Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily

Posted June 15th, 2009 in abuse of process, assignment, law reports, limitations, pleadings, striking out by sally

Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183

“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”

WLR Daily, 12th 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.

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily

Posted June 15th, 2009 in EC law, law reports, trade marks by sally

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182

“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”

WLR Daily, 12th 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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th 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.