law reports – Page 179 – Current Awareness

“A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 16th, 2012 in law reports by sally

High Court (Administrative Court)

Taylor & Ors v Secretary of State for Communities and Local Government & Anor [2012] EWHC 684 (Admin) (22 March 2012)

Shutt & Anor, R (on the application of) v Secretary of State for Justice [2012] EWHC 851 (Admin) (11 April 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 10th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Nolan & Anor v R [2012] EWCA Crim 671 (04 April 2012)

Court of Appeal (Civil Division)

Solicitors Regulation Authority v Lawrence & Anor [2012] EWCA Civ 421 (03 April 2012)

High Court (Queen’s Bench Division)

McGrath & Anor v Dawkins & Ors [2012] EWHC B3 (QB) (30 March 2012)

Aziz v Lim [2012] EWHC 915 (QB) (05 April 2012)

High Court (Administrative Court)

Rouse Tout A Tout, R (on the application of) v London Borough of Haringey [2012] EWHC 873 (Admin) (03 April 2012)

Dudgeon Offshore Wind Ltd v Secretary of State for Communities & Local Government & Ors [2012] EWHC 861 (Admin) (Hearing 23 March 2012)

Weszka, R (on the application of) v The Parole Board [2012] EWHC 827 (Admin) (05 April 2012)

Source: www.bailii.org

Regina (McGetrick) v Parole Board and another – WLR Daily

Posted April 5th, 2012 in evidence, law reports, parole, release on licence, removal directions by sally

Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114

“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

Sunderland City Council v Brennan and others – WLR Daily

Posted April 5th, 2012 in appeals, equal pay, law reports, local government, sex discrimination by sally

Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113

“An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Secretary of State for the Home Department v CB and another – WLR Daily

Posted April 5th, 2012 in civil procedure rules, control orders, law reports, stay of proceedings, terrorism by sally

Secretary of State for the Home Department v CB and another [2012] EWCA Civ 418; [2012] WLR (D) 112

“Where a court made a non-derogating control order in proceedings against a person under the Prevention of Terrorism Act 2005, it had no jurisdiction to order a permanent stay of such proceedings under the Act nor under its case management powers in the Civil Procedure Rules, unless the controlled person requested such a course of action.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted April 5th, 2012 in child abuse, children, law reports, standard of proof by sally

In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111

In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily

Posted April 5th, 2012 in disclosure, documents, evidence, extradition, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) [2012] EWCA Civ 420; [2012] WLR (D) 110

“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

DKH Retail Ltd v Republic (Retail) Ltd – WLR Daily

Posted April 5th, 2012 in civil procedure rules, courts, law reports, patents, transfer of proceedings by sally

DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch); [2012] WLR (D) 109

“The current practice, in which applications to transfer cases to and from the Patents County Court were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the Civil Procedure Rules.”

WLR Daily, 3rd April 2012

Soure: www.iclr.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Innovia Films Ltd v Frito-Lay North America Inc – WLR Daily

Posted April 5th, 2012 in jurisdiction, law reports, patents by sally

Innovia Films Ltd v Frito-Lay North America Inc [2012] EWHC 790 (Pat); [2012] WLR (D) 107

“Where a court had jurisdiction under section 82(4)(b) of the Patents Act 1977 to determine a question to which section 82 applied, the court’s jurisdiction was exclusive of all other possible jurisdictions.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 5th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Stangroom & Anor v Brown [2012] EWCA Civ 424 (04 April 2012)

Foley Independent News & Media Ltd & Ors v Lord Ashcroft KCMG [2012] EWCA Civ 423 (04 April 2012)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWCA Civ 422 (04 April 2012)

High Court (Queen’s Bench Division)

Jeeg Global Ltd v Hare [2012] EWHC 871 (QB) (04 April 2012)

Burn & Ors v The Ministry of Justice [2012] EWHC 876 (QB) (04 April 2012)

High Court (Chancery Division)

PCE Investors Ltd. v Cancer Research UK [2012] EWHC 884 (Ch) (04 April 2012)

Samsung Electronics (UK) Ltd & Anor v Apple Inc [2012] EWHC 889 (Ch) (04 April 2012)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (04 April 2012)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)

Hughes v Woolworths Group Pension Trustee Ltd [2012] EWHC 905 (Ch) (04 April 2012)

High Court (Administrative Court)

McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin) (04 April 2012)

High Court (Family Division)

KK v MA & Ors [2012] EWHC 788 (Fam) (29 March 2012)

S v Z [2012] EWHC 846 (Fam) (09 March 2012)

High Court (Commercial Court)

Metall Market OOO v Vitorio Shipping Company Ltd [2012] EWHC 844 (Comm) (04 April 2012)

West Tankers Inc v Allianz SpA & Anor [2012] EWHC 854 (Comm) (04 April 2012)

Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 (Comm) (28 March 2012)

Source: www.bailii.org

How will we even know a closed judgment exists? – The Guardian

Posted April 5th, 2012 in closed material, freedom of expression, law reports, media, news, private hearings by sally

“What proposals for closed hearings would mean for press freedom.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 5th, 2012 in law reports by sally

High Court (Chancery Division)

Public Trustee v Butler & Anor [2012] EWHC 858 (Ch) (03 April 2012)

DKH Retail Ltd v Republic (Retail) Ltd [2012] EWHC 877 (Ch) (03 April 2012)

High Court (Queen’s Bench Division)

J Preston & Sons Ltd [2012] EWHC 870 (QB) (03 April 2012)

Letts v Royal Sun Alliance Plc [2012] EWHC 875 (QB) (03 April 2012)

The Serious Organised Crime Agency v Robb [2012] EWHC 803 (QB) (30 March 2012)

Sharif, R. v [2012] EWHC 868 (QB) (03 April 2012)

Dr A v HTX [2012] EWHC 857 (QB) (03 April 2012)

High Court (Administrative Court)

Abdollahi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 878 (Admin) (03 April 2012)

High Court (Commercial Court)

Ghanem Al -Thani Holdings WLL v Jaguar Cars Exports Ltd [2012] EWHC 856 (Comm) (03 April 2012)

Ferrexpo AG v Gilson Investments Ltd & Ors [2012] EWHC 721 (Comm) (03 April 2012)

High Court (Patents Court)

Innovia Films Ltd v Frito -Lay North America, Inc [2012] EWHC 790 (Pat) (30 March 2012)

Source: www.bailii.org

AH (Algeria) v Secretary of State for the Home Department – WLR Daily

Posted April 4th, 2012 in asylum, law reports, refugees, terrorism by sally

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106

“In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was sufficiently ‘serious’ one also had to set the applicable threshold with care.”

WLR Daily, 2nd April 2012

Source: www.iclr.co.uk