law reports – Page 161 – Current Awareness

“A party that referred the court to a term of an offer made by it pursuant to CPR Pt 36 waived its without prejudice privilege and could not prevent the remaining terms of the offer from being referred to the court.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Certain Limited Partners in Henderson PFI Secondary Fund II LLP (a firm) v Henderson PFI Secondary Fund II LLP (a firm) and others – WLR Daily

Posted November 28th, 2012 in company law, contracts, derivative claims, law reports, partnerships by sally

Certain Limited Partners in Henderson PFI Secondary Fund II LLP (a firm) v Henderson PFI Secondary Fund II LLP (a firm) and others [2012] EWHC 3259 (Comm); [2012] WLR (D) 348

“A derivative claim brought by limited partners in a partnership, in the partnership’s name, against the partnership’s manager was permitted where there were special circumstances to justify such a claim.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Regina v Jaddi – WLR Daily

Posted November 28th, 2012 in appeals, asylum, fraud, law reports, possession of false identity documents by sally

Regina v Jaddi [2012] WLR (D) 347

“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Crown Prosecution Service v Eastenders Cash and Carry plc and others – WLR Daily

Posted November 27th, 2012 in appeals, crime, Crown Prosecution Service, law reports, proceeds of crime, receivers, remuneration, restraint orders by sally

Crown Prosecution Service v Eastenders Cash and Carry plc and others [2012] EWCA Crim 2436; [2012] WLR (D) 346

“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Appleyard v Wewelwala – WLR Daily

Posted November 27th, 2012 in bankruptcy, jurisdiction, law reports, remuneration, trustees in bankruptcy by sally

Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345

“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another – WLR Daily

Posted November 27th, 2012 in jurisdiction, law reports, Privy Council by sally

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another [2012] UKPC 39; [2012] WLR (D) 344

“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 27th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)

Court of Appeal (Civil Division)

Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)

High Court (Queen’s Bench Division)

Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)

High Court (Chancery Division)

TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)

Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)

High Court (Technology and Construction Court)

Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2012] EWHC 3318 (Pat) (23 November 2012)

High Court (Commercial Court)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

Source: www.bailii.org

In re Press Association – WLR Daily

Posted November 26th, 2012 in anonymity, appeals, contempt of court, disclosure, jurisdiction, law reports, media, privacy, public interest, rape by sally

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

Posted November 26th, 2012 in advertising, appeals, data protection, disclosure, internet, law reports, privacy, proportionality, public interest, sport by sally

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo – WLR Daily

Posted November 26th, 2012 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo (Case C-116/11); [2012] WLR (D) 340

“On the proper interpretation of Council Regulation (EC) No 1346/2000, it was for the national law of the member state in which insolvency proceedings had been opened to determine at which moment the closure of those proceedings occurred. Where proceedings had a protective purpose, it was permissible to open secondary insolvency proceedings in the member state in which the debtor had an establishment. The court before which an application to have secondary insolvency proceedings opened had been made, could not examine the insolvency of a debtor against which main proceedings had been opened in another member state, even where the latter proceedings had a protective purpose.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted November 26th, 2012 in contribution, EC law, law reports, pensions, sex discrimination by sally

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-385/11); [2012] WLR (D) 339

“Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security precluded legislation of a member state which required a proportionally greater contribution period from part-time workers, the vast majority of whom were women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 23rd, 2012 in law reports by sally

High Court (Administrative Court)

Wiltshire Police, R (on the application of) v The Police Appeals Tribunal & Anor [2012] EWHC 3288 (Admin) (23 November 2012)

High Court (Chancery Division)

Arrowgame Ltd v Maxwell Brent Wildsmith & Ors [2012] EWHC 3315 (Ch) (22 November 2012)

High Court (Commercial Court)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

High Court (Queen’s Bench Division)

London Borough of Richmond Upon Thames v Kubicek [2012] EWCA 3292 (QB) (23 November 2012)

Source: www.bailii.org

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by sally

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499; [2012] WLR (D) 334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Various Claimants v Catholic Child Welfare Society and others – WLR Daily

Posted November 23rd, 2012 in child abuse, education, employment, law reports, vicarious liability by sally

Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56; [2012] WLR (D) 335

“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by sally

Samin v Westminster City Council: [2012] EWCA Civ 1468; [2012] WLR (D) 336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Shagroon v Sharbatly – WLR Daily

Posted November 23rd, 2012 in divorce, financial provision, foreign jurisdictions, jurisdiction, law reports, polygamy by sally

Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by sally

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435; [2012] WLR (D) 338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk