law reports – Page 340 – Current Awareness

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 22nd, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07); WLR (D) 5

“On the proper interpretation of art 7(2) (first indent) of Council Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.”

WLR Daily, 21st January 2008

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 January 21st, 2008 in law reports by sally

Court of Appeal (Civil Division)

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 1468 (21 January 2008)

High Court (Chancery Division)

HM Revenue & Customs v Weight Watchers (UK) Ltd [2008] EWHC 53 (Ch) (21 January 2008)

High Court (Patents Court)

Monsanto Technology LLC v Cargill International SA & Anor [2007] EWHC 3113 (Pat) (21 December 2007)

Nokia Corp v Interdigital Technology Corp [2007] EWHC 3077 (Pat) (21 December 2007)

Source: www.bailii.org

Stuart v Goldberg Linde and another – WLR Daily

Posted January 21st, 2008 in abuse of process, law reports, striking out, time limits by sally

Stuart v Goldberg Linde and another [2008] EWCA Civ 2 [2008] WLR (D) 4

“In determining whether a claim was an abuse of the process of the court on the ground that it should have been included in a previous action, the prospects of the claim’s success or failure and delay in bringing it (falling short of a statutory time bar or laches) were not generally relevant.”

WLR Daily, 18th January 2008

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.

McDougall v Richmond Adult Community College – WLR Daily

Posted January 21st, 2008 in disability discrimination, law reports by sally

McDougall v Richmond Adult Community College [2008] EWCA Civ 4 [2008] WLR (D) 3

“When determining whether an adverse effect on a person’s ability to carry out normal day-to-day activities was “likely to recur”, within the meaning of para 2(2) of Sch 1 to the Disability Discrimination Act 1995, an employment tribunal should make its determination on the basis of evidence available at the time of the allegedly discriminatory act.
The Court of Appeal so held when allowing the appeal of the respondent, Richmond Adult Community College, from the decision of the Employment Appeal Tribunal [2007] ICR 1567 dated 13 July 2007 allowing the appeal of the claimant, Elizabeth McDougall, from the decision of an employment tribunal sitting at London (South) on 27 June 2006 dismissing the claimant’s complaint of disability discrimination on the ground that she did not have a disability for the purposes of the Disability Discrimination Act 1995.”

WLR Daily, 18th January 2008

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.

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 21st, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07) [2008] WLR (D) 2

“On the proper interpretation of art 7(2) (first indent) of Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.
The First Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Cour de cassation, France.”

WLR Daily, 18th January 2008

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.

Jones v Wrexham Borough Council – Times Law Reports

Posted January 21st, 2008 in fees, insurance, law reports, solicitors by sally

Jones v Wrexham Borough Council

Court of Appeal

“Whether a conditional fee agreement was one as to own side’s costs, depended on analysing the arrangement for the agreement, the client-care letter explaining the effect of the arrangement and the insurance policy recommended by the solicitor.”

The Times, 21st January 2008

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.

Perrin and Another v Northampton County Council – Times Law Reports

Posted January 21st, 2008 in law reports, trees by sally

Perrin and Another v Northampton County Council

Court of Appeal

“Where the roots of a tree subject to a tree preservation order damaged or threatened to damage the foundations of a neighbour’s house, the local authority was entitled to consider means of abating the nuisance, such as engineering works, which would avoid the need for the tree to be cut down, uprooted, topped or lopped so as to preserve the tree as a local amenity.”

The Times, 21st January 2008

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 January 18th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Stuart v Goldberg & Anor [2008] EWCA Civ 2 (17 January 2008)

Richmond Adult Community College v McDougall [2008] EWCA Civ 4 (17 January 2008)

Tameside & Glossop Acute Services NHS Trust v Thompstone & Ors [2008] EWCA Civ 5 (17 January 2008)

High Court (Administrative Court)

Uk Coal Mining Ltd v North Warwickshire Borough Council [2008] EWHC 23 (Admin) (17 January 2008)

High Court (Chancery Division)

Statek Corporation v McNeill Alford & Anor [2008] EWHC 32 (Ch) (17 January 2008)

High Court (Commercial Court)

Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWHC 31 (Comm) (17 January 2008)

Source: www.bailii.org

Lexi Holdings plc (in administration) v Luqman – WLR Daily

Posted January 18th, 2008 in contempt of court, law reports, sentencing by sally

Lexi Holdings plc (in administration) v Luqman

“Para 5.2 of Prison Service Order 6300 was unlawful in so far as it purported to require the permission of the sentencing judge before granting the temporary release of a prisoner serving a term of imprisonment for civil contempt.”

WLR Daily, 17th January 2008

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 January 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Homepace Ltd v Sita South East Ltd [2008] EWCA Civ 1 (15 January 2008)

JFM v Neath Port Talbot Borough Council & Ors [2008] EWCA Civ 3 (15 January 2008)

Court of Appeal (Criminal Division)

Bogdal (Aka Marjan Tadeusz) v R [2008] EWCA Crim 1 (16 January 2008)

High Court (Administrative Court)

West Midlands Probation Board v Sutton Coldfield Magistrates’ Court & Ors [2008] EWHC 15 (Admin) (11 January 2008)

High Court (Chancery Division)

Midill (97pl) Ltd v Park Lane Estates Ltd & Anor [2008] EWHC 18 (Ch) (16 January 2008)

HM Revenue & Customs v Weald Leasing Ltd [2008] EWHC 30 (Ch) (16 January 2008)

Turner & Anor v Pryce & Ors [2008] EWHC B1 (Ch) (09 January 2008)

Jackson v J H Watson Property Investment Ltd [2008] EWHC 14 (Ch) (7 January 2008)

Source: www.bailii.org

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

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.

Regina (Maloba) v Waltham Forest London Borough Council – Times Law Reports

Posted January 16th, 2008 in homelessness, law reports by sally

Regina (Maloba) v Waltham Forest London Borough Council

Court of Appeal

“In concluding that an applicant who had become a British citizen in 1997 was not homeless because there was accommodation for him in Uganda, the housing authority had adopted too restrictive an approach.”

The Times, 16th January 2008

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.

In re P (Children: Split hearings) – Times Law Reports

Posted January 16th, 2008 in children, law reports, split hearings by sally

In re P (Children: Split hearings)

Court of Appeal

“Care was required when addressing, in a split hearing, the threshold criteria under section 31(2) of the Children Act 1989.”

The Times, 16th January 2008

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.

MW (Liberia) v Secretary of State for the Home Department – Times Law Report

Posted January 15th, 2008 in children, immigration, law reports by sally

MW (Liberia) v Secretary of State for the Home Department

“A foreign national child of parents or a relative present and settled in the UK was not entitled to enter unless he would be maintained, without recourse to public funds, by the parent or relative he was seeking to join, not third parties.”

The Times, 15th January 2008

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.

Regina v Terrell – Times Law Reports

Posted January 14th, 2008 in children, computer crime, law reports, pornography, sentencing by sally

Regina v Terrell

Court of Appeal, Criminal Division

“A judge should not have imposed a sentence of imprisonment for public protection on an offender who downloaded indecent photographs of children on to his computer where a small, uncertain and indirect contribution to harm might be made by a repeat of his offence.”

The Times, 14th January 2008

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.

Kostic v Chaplin and Others – Times Law Reports

Posted January 11th, 2008 in costs, law reports, probate by sally

Kostic v Chaplin and Others

Chancery

“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”

The Times, 11th January 2008

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.

Kingdom of Sweden v Commission of the European Communities Case – Times Law Reports

Posted January 11th, 2008 in disclosure, EC law, law reports by sally

Kingdom of Sweden v Commission of the European Communities Case C-64/05P

Court of Justice of the European Communities

“A request by an EU member state to a Community institution not to disclose to a third party documents originating from that state and held by the institution was to be regarded not as instruction with which the institution was bound to comply but as the first step in a process of inquiry as to whether one of the exceptions to disclosure set out in the Community regulation on access to documents applied.”

The Times, 11th January 2008

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.

R v Miell – WLR Daily

Posted January 10th, 2008 in evidence, law reports, perjury, retrials by sally

R v Miell [2007] EWCA Crim 3130; [2007] WLR(D) 346

“In deciding whether to quash an acquittal, the Court of Appeal (Criminal Division) had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.”

WLR Daily, 8th January 2008

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.

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) – WLR Daily

Posted January 10th, 2008 in breach of trust, fraud, law reports by sally

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382

“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”

WLR Daily, 8th January 2008

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.