Category: law reports

Westbrook Dolphin Square Ltd v Friends Life Ltd – WLR Daily

Posted May 22nd, 2012 in abuse of process, appeals, landlord & tenant, law reports, leases by sally

Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151

“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Posted May 22nd, 2012 in appeals, benefits, disability discrimination, housing, law reports, local government, social security by sally

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

Barker v Hambleton District Council – WLR Daily

Posted May 21st, 2012 in law reports, planning, time limits by sally

Barker v Hambleton District Council [2012] EWCA Civ 610; [2012] WLR (D) 149

“The time limit for making an application to the High Court in relation to a local development plan under section 113(4) of the Planning and Compulsory Purchase Act 2004 ran from the date on which the plan was adopted by the local authority.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 21st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666 (18 May 2012)

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641 (18 May 2012)

High Court (Queen’s Bench Division)

Joyce & Anor v O’Brien & Anor [2012] EWHC 1324 (QB) (17 May 2012)

Taaffe v East of England Ambulance Service NHS Trust [2012] EWCH 1335 (QB) (18 May 2012)

High Court (Administrative Court)

Green, R (on the application of) v Gillian & Edward Gunner [2012] EWHC 1253 (Admin) (18 May 2012)

High Court (Commercial Court)

Brown & Ors v Innovatorone Plc & Ors [2012] EWHC 1321 (Comm) (18 May 2012)

Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings Ltd & Ors [2012] EWHC 1331 (Comm) (18 May 2012)

Shaker v Vistajet Group Holding SA [2012] EWHC 1329 (Comm) (18 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 18th, 2012 in law reports by sally

Court of Appeal (Civil Division)

MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012)

Maswaku v Westminster City Council [2012] EWCA Civ 669 (18 May 2012)

El Goure v The Royal Borough of Kensington & Chelsea [2012] EWCA Civ 670 (18 May 2012)

High Court (Queen’s Bench Division)

Wolman v Weller [2012] EWHC 1292 (QB) (18 May 2012)

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd (HOTT) v Associated British Ports (ABP) [2012] EWHC 1336 (Ch) (18 May 2012)

Source: www.bailii.org

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others – WLR Daily

Posted May 18th, 2012 in arbitration, conflict of laws, contracts, injunctions, insurance, law reports by sally

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another – WLR Daily

Posted May 18th, 2012 in administrators, insolvency, law reports, leases, rent by sally

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another [2012] WLR (D) 147

“Arrears of rent due during the provisional liquidation period were to be treated as an expense of the liquidation and payable in priority to most other liquidation expenses.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642 (17 May 2012)

High Court (Chancery Division)

McKillen v Misland (Cyprus) Investments Ltd & Ors [2012] EWHC 1158 (Ch) (26 April 2012)

High Court (Administrative Court)

British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 17th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Doyle & Ors v R [2012] EWCA Crim 995 (16 May 2012)

Court of Appeal (Civil Division)

Rehill v Rider Holdings Ltd [2012] EWCA Civ 628 (16 May 2012)

Sulamerica CIA Nacional De Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWCA Civ 638 (16 May 2012)

Sucafina SA v Rotenberg [2012] EWCA Civ 637 (16 May 2012)

JSC BTA Bank v Ablyazov [2012] EWCA Civ 639 (16 May 2012)

Durden v Aston [2012] EWCA Civ 636 (16 May 2012)

Ibrahim v Barclays Bank Plc & Anor [2012] EWCA Civ 640 (16 May 2012)

Telchadder v Wickland (Holdings) Ltd [2012] EWCA Civ 635 (16 May 2012)

Supreme Court

Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd [2012] EWHC 1283 (QB) (16 May 2012)

Secretary of State for Justice v LSM Professional Ltd & Anor [2012] EWHC 1280 (QB) (16 May 2012)

High Court (Administrative Court)

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council [2012] EWHC 1260 (Admin) (16 May 2012)

Haworth, R (on the application of) v Northumbria Police Authority [2012] EWHC 1225 (Admin) (16 May 2012)

High Court (Commercial Court)

Western Bulk Shipowning III A/S v (Carbofer Maritime Trading APS & Ors [2012] EWHC 1224 (Comm) (11 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 16th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Lawlor v Sandvik Mining & Construction Mobile Crushers and Screens Ltd [2012] EWHC 1188 (QB) (15 May 2012)

Source: www.bailii.org

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

Posted May 16th, 2012 in appeals, care orders, children, law reports, local government, statutory interpretation by sally

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 15th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Alecu v R. [2012] EWCA Crim 994 (15 May 2012)

Court of Appeal (Civil Division)

Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012)

Blair v The Chief Constable of Sussex Police [2012] EWCA Civ 633 (15 May 2012)

Yeates v AVIVA Insurance UK Ltd [2012] EWCA Civ 634 (15 May 2012)

Burnip v Birmingham City Council & Anor [2012] EWCA Civ 629 (15 May 2012)

High Court (Administrative Court)

B, R (on the application of) v The Nursing and Midwifery Council [2012] EWHC 1264 (Admin) (15 May 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 1252 (Comm) (15 May 2012)

High Court (Technology and Construction Court)

R and C Electrical Engineers Ltd v Shaylor Construction Ltd [2012] EWHC 1254 (TCC) (15 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 15th, 2012 in law reports by sally

Court of Appeal (Civil Division)

D (A Child) [2012] EWCA Civ 627 (14 May 2012)

High Court (Queen’s Bench Division)

Kudos Catering (UK) Ltd v Manchester Central Convention [2012] EWHC 1192 (QB) (19 April 2012)

High Court (Chancery Division)

The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 1257 (Ch) (14 May 2012)

Edenwest Ltd v CMS Cameron McKenna (A Firm) [2012] EWHC 1258 (Ch) (14 May 2012)

Stupples v Stupples & Co (High Wycombe) Ltd [2012] EWHC 1226 (Ch) (09 May 2012)

High Court (Administrative Court)

Fish v The General Medical Council [2012] EWHC 1269 (Admin) (14 May 2012)

Source: www.bailii.org

Sullivan (aka Soloman) v Bristol Film Studios Ltd – WLR Daily

Posted May 14th, 2012 in abuse of process, appeals, copyright, damages, law reports, pleadings, striking out by sally

Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145

“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Neilly v The Queen – WLR Daily

Posted May 14th, 2012 in admissibility, appeals, evidence, identification, judges, law reports, trials, witnesses by sally

Neilly v The Queen [2012] UKPC 12; [2012] WLR (D) 144

“When a defendant in a criminal trial had not been put on an identification parade, the decision as to whether to allow a dock identification was a matter for the trial judge in the light of all the relevant circumstances. However where a dock identification was admitted in evidence the trial judge was required to give the jury careful directions as to the dangers of relying on that evidence, and to warn the jury of the disadvantages to the defendant of having been denied the opportunity of participating in an identification parade.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

Balgobin v South West Regional Health Authority – WLR Daily

Posted May 14th, 2012 in appeals, default judgments, law reports, personal injuries by sally

Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143

“The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 14th, 2012 in law reports by sally

High Court (Chancery Division)

Price & Anor v Nunn [2012] EWHC 1251 (Ch) (11 May 2012)

Paton & Anor v Todd [2012] EWHC 1248 (Ch) (11 May 2012)

Hughmans Solicitors v Central Stream Services Ltd & Anor [2012] EWHC 1222 (Ch) (11 May 2012)

High Court (Commercial Court)

Deutsche Bank Ag v Total Global Steel Ltd [2012] EWHC 1201 (Comm) (11 May 2012)

European Group Ltd & Ors v Chartis Insurance UK Ltd. [2012] EWHC 1245 (Comm) (11 May 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 11th, 2012 in law reports by sally

Court of Appeal (Civil Divsion)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2012] EWCA Civ 567 (10 May 2012)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] EWCA Civ 596 (10 May 2012)

PHI Group Ltd v Robert West Consulting Ltd [2012] EWCA Civ 588 (10 May 2012)

High Court (Administrative Court)

LK (Somalia)), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1229 (Admin) (10 May 2012)

High Court (Chancery Division)

Singla v Stockler & Anor [2012] EWHC 1176 (Ch) (10 May 2012)

High Court (Queen’s Bench Division)

Hunt v Times Newspapers Ltd [2012] EWHC 1220 (QB) (10 May 2012)

Source: www.bailii.org

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening) – WLR Daily

Posted May 11th, 2012 in appeals, charities, corporation tax, housing, law reports by sally

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening): [2012] EWCA Civ 569;  [2012] WLR (D)  142

“The provision of housing accommodation was, and could only be, a charitable purpose if it was justified as charitable in respect of the direct benefit provided. It could only be so justified if it was provided to meet a relevant need of the class eligible to occupy it so as to fall within the spirit and intendment of the preamble to the Statute of Charitable Uses 1601 (‘the Statute of Elizabeth’) either directly or by analogy.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Regina (M) v Croydon London Borough Council – WLR Daily

Posted May 10th, 2012 in appeals, costs, law reports, local government, news by sally

Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141

“A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.”

WLR Daily, 8th May 2012

Source: www.iclr.co.uk