law reports – Page 168 – Current Awareness

Dülger v Wetteraukreis – WLR Daily

Posted August 24th, 2012 in divorce, EC law, freedom of movement, law reports, married persons by sally

Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249

“The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.”

WLR Daily, 19th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 24th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2012] EWCA Civ 1158 (23 August 2012)

L (A Child), Re [2012] EWCA Civ 1157 (21 August 2012)

High Court (Chancery Division)

Scott v Scott [2012] EWHC 2397 (Ch) (23 August 2012)

Lavin & Ors v Swindell [2012] EWHC 2398 (Ch) (23 August 2012)

Source: www.bailii.org

Muslim man’s right-to-life court case adjourned until October – BBC News

Posted August 24th, 2012 in euthanasia, Islam, law reports, medical treatment by sally

“A Muslim man’s right-to-live court battle has been adjourned until October after claims he is no longer in a persistent vegetative state.”

Full story

BBC News, 23rd August 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2012 in law reports by sally

Supreme Court

SerVaas Incorporated v Rafidian Bank & Ors [2012] UKSC 40 (17 August 2012)

High Court (Queen’s Bench Division)

Davis & Anor v West Sussex County Council [2012] EWHC 2152 (QB) (22 August 2012)

Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012)

High Court (Chancery Division)

Hughes v Weiss Re Iuvus Ltd [2012] EWHC 2363 (Ch) (15 August 2012)

High Court (Administrative Court)

Camelot UK Lotteries Ltd, R (on the application of) v The Gambling Commission & Ors [2012] EWHC 2391 (Admin) (22 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 21st, 2012 in law reports by sally

High Court (Family Division)

R v R [2012] EWHC 2390 (Fam) (13 August 2012)

High Court (Administrative Court)

Glowacki v Regional Court in Ostroleka Poland [2012] EWHC 2305 (Admin) (25 July 2012)

Jones v Government of United States [2012] EWHC 2332 (Admin) (25 July 2012)

Media Protection Services Ltd v Crawford & Anor [2012] EWHC 2373 (Admin) (16 August 2012)

Krolik & Ors v Several Judicial Authorities of Poland [2012] EWHC 2357 (Admin) (17 August 2012)

Source: www.bailii.org

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 17th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Cornish Glennroy Blair-Ford v CRS Adventures Ltd [2012] EWHC 2360 (QB) (13 August 2012)

High Court (Administrative Court)

Nicklinson, R (on the application of) v Ministry Of Justice [2012] EWHC 2381 (Admin) (16 August 2012)

Albion Water Ltd, R (on the application of) v Water Services Regulation Authority [2012] EWHC 2259 (Admin) (16 August 2012)

Searle & Anor v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2269 (Admin) (16 August 2012)

High Court (Technology and Construction Court)

Robbins v London Borough of Bexley [2012] EWHC 2257 (TCC) (16 August 2012)

Source: www.bailii.org

Trial by Twitter – The Guardian

Posted August 14th, 2012 in internet, law reports, news by sally

“As their papers go weekly or move online, court reporters are embracing Twitter.”

Full story

The Guardian, 14th August 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 13th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Sumal & Sons (Properties) Ltd v London Borough of Newham [2012] EWCA Crim 1840 (08 August 2012)

Court of Appeal (Civil Division)

BAA Ltd v Competition Commission [2012] EWCA Civ 1077 (26 July 2012)

High Court (Queen’s Bench Division)

FBME Bank Ltd v Elwes & Anor [2012] EWHC 2209 (QB) (25 July 2012)

RAR v GGC [2012] EWHC 2338 (QB) (10 August 2012)

High Court (Chancery Division)

McKillen v Misland (Cyprus) Investments Ltd & Ors [2012] EWHC 2343 (Ch) (10 August 2012)

Re Euromaster Ltd [2012] EWHC 2356 (Ch) (10 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 10th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Sohal v Suri & Anor [2012] EWCA Civ 1064 (03 August 2012)

High Court (Administrative Court)

Othman, R (on the application of) v Special Immigration Appeals Commission (SIAC) & Ors [2012] EWHC 2349 (Admin) (09 August 2012)

Source: www.bailii.org

Regina v Sumal & Sons (Properties) Ltd – WLR Daily

Posted August 10th, 2012 in confiscation, housing, landlord & tenant, law reports, local government, proceeds of crime by sally

Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840; [2012] WLR (D) 247

“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”

WLR Daily, 8th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 9th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Clements v The Royal Liverpool and Broadgreen University Hospitals NHS Trust [2012] EWHC 2335 (QB) (08 August 2012)

High Court (Commercial Court)

Global Maritime Investments Ltd v STX Pan Ocean Co Ltd [2012] EWHC 2339 (Comm) (08 August 2012)

Source: www.bailii.org

MA v JA (Attorney General intervening) – WLR Daily

Posted August 7th, 2012 in law reports, marriage by sally

MA v JA (Attorney General intervening) [2012] EWHC 2219 (Fam); [2012] WLR (D) 246

“A ceremony of marriage conducted in England which did not comply with the requirements of the Marriage Act 1949 because the parties had failed to give notice to the registrar with the result that the marriage was solemnised without any certificate being issued, created a marriage which was entitled to be recognised as valid under English law.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 7th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Lord Chancellor v McCarthy [2012] EWHC 2325 (QB) (06 August 2012)

High Court (Administrative Court)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions (Rev 1) [2012] EWHC 2292 (Admin) (06 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 6th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Middleton v Allianz Iard SA [2012] EWHC 2287 (QB) (01 August 2012)

Petrou v Bertoncello & Ors [2012] EWHC 2286 (QB) (01 August 2012)

High Court (Patents Court)

Lilly & Company v Human Genome Sciences Inc [2012] EWHC 2290 (Pat) (03 August 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 3rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

SG v Hewitt [2012] EWCA Civ 1053 (02 August 2012)

Source: www.bailii.org

Regina v Gul (Hamesh) – WLR Daily

Posted August 3rd, 2012 in criminal procedure, drug offences, indictments, law reports, trials by sally

Regina v Gul (Hamesh): [2012] EWCA Crim 1761; [2012] WLR (D) 245

“Where a defendant was sent for trial to the Crown Court on an indictable only offence but no such offence was included in the indictment when it was signed and the procedure to determine mode of trial was not followed such non-compliance with those procedural requirements would not result in the proceedings being a nullity where the defendant was able to cure any defect in the process by making an appropriate application to the judge at the time.”

WLR Daily, 31st July 2012

Source: www.iclr.co.uk

Deutsche Bahn AG and others v Morgan Crucible and others – WLR Daily

Posted August 3rd, 2012 in appeals, competition, EC law, law reports, limitations, statutory interpretation by sally

Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244

“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”

WLR Daily, 31st July 2012

Source: www.iclr.co.uk

Assénagon Asset Management SA v Irish Bank Resolution Corpn Ltd – WLR Daily

Posted August 3rd, 2012 in company law, law reports, shareholders, ultra vires by sally

Assénagon Asset Management SA v Irish Bank Resolution Corpn Ltd: [2012] EWHC 2090 (Ch); [2012] WLR (D) 243

“A challenge to the legality of a technique used by the issuers of corporate bonds which had acquired the label ‘exit consent’ succeeded on the ground that it was not lawful for the majority bondholders to lend its aid to the coercion of a minority by voting for a resolution which expropriated the minority’s rights under their bonds for a nominal consideration.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Hughes and others v Bourne and others – WLR Daily

Posted August 2nd, 2012 in appropriation, law reports, trusts, wills by sally

Hughes and others v Bourne and others [2012] EWHC 2232 (Ch); [2012] WLR (D) 242

“The personal representatives’ power of appropriation under section 41(1) of the Administration of Estates Act 1925 was not confined to transactions of a contractual or quasi-contractual nature.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk