Category: Supreme Court

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted June 2nd, 2010 in consumer protection, defective goods, law reports, substitution, Supreme Court by sally

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted May 28th, 2010 in consumer protection, defective goods, law reports, limitations, Supreme Court by sally

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

 “In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

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.

Roberts v Gill & Co – WLR Daily

Posted May 24th, 2010 in civil procedure rules, derivative claims, law reports, limitations, Supreme Court, wills by sally

Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130

“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”

WLR Daily, 21st May 2010

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 (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted May 14th, 2010 in compulsory purchase, law reports, local government, planning, Supreme Court by sally

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2010] UKSC 20; [2010] WLR (D) 123

“A planning authority, in considering the exercise of its compulsory purchase powers in relation to one site, was not entitled to take into account a commitment by a developer to secure the redevelopment of another unconnected site.”

WLR Daily, 13th May 2010

Source: www.lawreports.co.uk

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

ZN (Afghanistan) and others v Entry Clearance Officer – WLR Daily

Posted May 13th, 2010 in immigration, law reports, sponsored immigrants, Supreme Court by sally

ZN (Afghanistan) and others v Entry Clearance Officer [2010] UKSC 21; [2010] WLR (D) 121

“Family members who sought entry to the United Kingdom to join a sponsor who had been granted asylum but had subsequently obtained British citizenship still had to satisfy the rules dealing with applications to join a person who had been granted asylum and, therefore, they did not have to meet the maintenance and accommodation requirements imposed by the general rules relating to applications by family members.”

WLR Daily, 12th May 2010

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.

UK policy on gay and lesbian asylum seekers challenged in Supreme Court – The Guardian

Posted May 10th, 2010 in asylum, homosexuality, news, Supreme Court by sally

“Laws which mean gay and lesbian asylum seekers can be returned to countries where they face persecution will be challenged tomorrow [10th May] in the UK’s highest court.”

Full story

The Guardian, 9th May 2010

Source: www.guardian.co.uk

Farstad Supply AS v Enviroco Ltd – WLR Daily

Posted May 7th, 2010 in charterparties, law reports, negligence, Scotland, shipping law, Supreme Court, third parties by sally

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

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.

Sixteen-hour control order curfews breach human rights, supreme court told – The Guardian

Posted May 6th, 2010 in control orders, freedom of movement, human rights, news, Supreme Court by sally

“Control orders involving a curfew lasting 16 hours a day violate fundamental rights, the supreme court was told today as it heard a case attempting to change the use of the controversial measures.”

Full story

The Guardian, 5th May 2010

Source: www.guardian.co.uk

R (F (A Child)) v Secretary of State for the Home Department; R (Thompson) v Same – WLR Daily

Posted April 22nd, 2010 in declarations of incompatibility, human rights, law reports, notification, sexual offences, Supreme Court by sally

R (F (A Child)) v Secretary of State for the Home Department; R (Thompson) v Same [2010] UKSC 17; [2010] WLR (D) 98

“The indefinite notification requirements for sexual offenders who had been sentenced to 30 months’ imprisonment or more were incompatible with the right to respect for private and family life because they did not contain any mechanism for reviewing the justification for continuing the requirements in individual cases.”

WLR Daily, 21st April 2010

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.

Sex offenders win legal challenge over register – BBC News

Posted April 21st, 2010 in human rights, news, sexual offences, Supreme Court by sally

“Two convicted sex offenders have won the right to challenge their inclusion on the UK’s sex offenders register.”

Full story

BBC News, 21st April 2010

Source: www.bbc.co.uk

What’s the verdict on our new supreme court? – The Guardian

Posted April 12th, 2010 in news, Supreme Court by sally

“It’s six months since it opened, yet it’s still attracting much less attention than its US equivalent.”

Full story

The Guardian, 11th April 2010

Source: www.guardian.co.uk

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 24th, 2010 in homelessness, housing, law reports, local government, Supreme Court by sally

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

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 (JS (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2010 in asylum, crimes against humanity, law reports, Supreme Court, terrorism, war crimes by sally

R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79

“An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst being aware that his assistance would in fact further that purpose.”

WLR Daily, 19th March 2010

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.

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

Posted March 12th, 2010 in contracts, law reports, Supreme Court by sally

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th March 2010

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.

Contract was in place because companies behaved as if it was, says Supreme Court – OUT-LAW.com

Posted March 12th, 2010 in contracts, news, Supreme Court by sally

“A deal was governed by a contract despite the two companies involved not actually signing and exchanging copies of it, the Supreme Court has ruled. The contract is in effect because the firms behaved as if it was, it said.”

Full story

OUT-LAW.com, 11th March 2010

Source: www.out-law.com

Children should give evidence, says Supreme Court – Law Society’s Gazette

Posted March 11th, 2010 in children, evidence, news, Supreme Court, trials by sally

“Children in family proceedings should be called to give live evidence in court if the advantage it would bring in deciding the case outweighs the risk of harm to the welfare of the child, the Supreme Court ruled last week.”

Full story

Law Society’s Gazette, 11th March 2010

Source: www.lawgazette.co.uk

Agbaje v Agbaje – WLR Daily

Posted March 11th, 2010 in divorce, financial provision, foreign jurisdictions, law reports, news, Supreme Court by sally

Agbaje v Agbaje [2010] UKSC 13; [2010] WLR (D) 71

“An English court considering under Pt III of the Matrimonial and Family Proceedings Act 1984 whether it would be appropriate to make an order for financial relief on the application of a party to a foreign divorce was not required to apply a forum non conveniens test and decide which of two jurisdictions was the appropriate one. The whole basis of Pt III was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”

WLR Daily, 10th March 2010

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 (Lewis) v Redcar and Cleveland Borough Council (No 2) – WLR Daily

Posted March 4th, 2010 in commons, law reports, Supreme Court by sally

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59

“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”

WLR Daily, 3rd March 2010

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.

Supreme court preserves Coatham Common from housebuilding – The Guardian

Posted March 4th, 2010 in commons, news, planning, Supreme Court by sally

“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Norris v Government of United States of America (No 2) – WLR Daily

Posted March 1st, 2010 in extradition, law reports, public interest, Supreme Court by sally

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 2010

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.