law reports – Page 290 – Current Awareness

“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Morshead Mansions Ltd v Leon Di Marco – Times Law Reports

Posted February 25th, 2009 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Leon Di Marco

Court of Appeal

“Where a tenant was a member of the landlord company, that company could recover an amount passed by resolution of the company under its articles to finance anticipated expenditure to maintain the building, even though such a claim was unenforceable under the Landlord and Tenant Act 1985 The Court of Appeal (Lord Justice Mummery, Lord Justice Wall and Lord Justice Toulson) so stated on December 10, 2008, allowing the appeal of Morshead Mansions Ltd from the decision of Mr Recorder Mitchell, QC, in Central London County Court, dated January 22, 2008, that a resolution of the company passed pursuant to its articles of association to establish a fund of £400,000 to be designated the 2007 Recovery Fund was not enforceable as a service charge within under section 18 of the 1985 Act.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tabernacle v Secretary of State for Defence – Times Law Reports

Posted February 25th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence

Court of Appeal

“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 24th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295 (QB) (20 February 2009)

High Court (Technology and Construction Court)

Richard J Thompson Trading As R J Thompson International v James K Charlesworth [2009] EWHC B3 (TCC) (17 February 2009)

Source: www.bailii.org

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 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.

Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily

Posted February 24th, 2009 in Crown, fisheries, law reports, ultra vires by sally

Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66

“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”

WLR Daily, 23rd February 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 (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted February 24th, 2009 in aiding and abetting, assisted suicide, law reports, prosecutions, suicide by sally

Regina (Purdy) v Director of Public Prosecutions

Court of Appeal

“The refusal by the Director of Public Prosecutions to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide was lawful.”

The Times, 24th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 23rd, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)

Source: www.bailii.org

Mitchell v Glasgow City Council – WLR Daily

Posted February 23rd, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65

“Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

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

Commune de Sausheim v Azelvandre – WLR Daily

Posted February 23rd, 2009 in EC law, environmental protection, freedom of information, law reports by sally

Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64

“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

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

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Posted February 23rd, 2009 in appeals, law reports, public interest, tribunals by sally

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Couzens v T McGee & Co Ltd [2009] EWCA Civ 95 (19 February 2009)

JC (China) v Secretary of State for the Home Department [2009] EWCA Civ 81 (19 February 2009)

Purdy, R (on the application of) v Director of Public Prosecutions & Ors [2009] EWCA Civ 92 (19 February 2009)

Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79 (19 February 2009)

Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2009] EWCA Civ 68 (19 February 2009)

JH (Zimbabwe) v Secretary of State for the Home Department [2009] EWCA Civ 78 (19 February 2009)

High Court (Administrative Court)

Chandrasekera v Nursing and Midwifery Council [2009] EWHC 144 (Admin) (13 February 2009)

Parker & Ors v Nottinghamshire County Council & Anor [2009] EWHC 229 (Admin) (13 February 2009)

Palm Developments Ltd v Secretary of State for Communities and Local Government [2009] EWHC 220 (Admin) (13 February 2009)

Chandler v London Borough of Camden [2009] EWHC 219 (Admin) (13 February 2009)

SRM Global Master Fund Lp & Ors, R. (On the Applications of) v The Commissioners of Her Majesty’s Treasury [2009] EWHC 227 (Admin) (13 February 2009)

Stockton-On-Tees Borough Council v Latif [2009] EWHC 228 (Admin) (13 February 2009)

High Court (Chancery Division)

Revenue and Customs v Collins [2009] EWHC 284 (Ch) (20 February 2009)

Sattar v Sattar & Anor [2009] EWHC 289 (Ch) (20 February 2009)

High Court (Queen’s Bench Division)

AT & Ors v Dulghieru & Anor [2009] EWHC 225 (QB) (19 February 2009)

CJL (A Child) v West Midlands Strategic Health Authority [2009] EWHC 259 (QB) (20 February 2009)

Source: www.bailii.org

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted February 20th, 2009 in disclosure, intelligence services, investigatory powers, judicial review, law reports by sally

R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63

“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

WLR Daily, 19th February 2009

Source: www.lawreports.co.uk

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

R (Purdy) v Director of Public Prosecutions – WLR Daily

Posted February 20th, 2009 in aiding and abetting, assisted suicide, law reports, prosecutions, suicide by sally

R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] WLR (D) 62

“The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide.”

WLR Daily, 19th February 2009

Source: www.lawreports.co.uk

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

Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) – WLR Daily

Posted February 20th, 2009 in contribution, damages, law reports, negligence by sally

Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) [2009] EWHC 254 (Comm); [2009] WLR (D) 61

“The ‘damages’ awarded in respect of ‘the damage in question’ from which reduction was made pursuant to s 2(3)(b) of the Civil Liability (Contribution) Act 1978 in the event of contributory negligence on the part of the person who suffered the damage, had the same meaning as ‘the same damage’ and ‘damage in question’ in s 1(1) of the 1978 Act and s 2(1) of the 1978 Act. The reduction in respect of contributory negligence was therefore applied as a cap on the contributors’ liability after the court had first assessed the total loss for which both the contributors were liable.”

WLR Daily, 19th February 2009

Source: www.lawreports.co.uk

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

A and Others v United Kingdom (Application No 3455/05) – Times Law Reports

Posted February 20th, 2009 in detention, human rights, law reports, terrorism by sally

A and Others v United Kingdom (Application No 3455/05)

European Court of Human Rights

“The European Court of Human Rights held the United Kingdom in breach of article 5.1 of the European Convention on Human Rights in respect of nonnational terrorist suspects, since they had not been detained with a view to deportation and the derogating measures permitting their indefinite detention discriminated unjustifiably between nationals and nonnationals.”

The Times, 20th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.