law reports – Page 194 – Current Awareness

“Section 63(2) of the Patents Act 1977 was not intended to act as a sanction against careless drafting or lack of good faith when those matters had no bearing on the damages or other remedy sought by the patentee.”

WLR Daily, 26th October 2011

Source: www.iclr.co.uk

Construction Industry Training Board v Beacon Roofing Ltd – WLR Daily

Posted October 28th, 2011 in construction industry, employment, law reports by sally

Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203; [2011] WLR (D) 302

“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”

WLR Daily, 26th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rheines v R. [2011] EWCA Crim 2397 (26 October 2011)

R. v E [2011] EWCA Crim 2393 (06 October 2011)

Court of Appeal (Civil Division)

The Construction Industry Training Board (aka CITB-Construction Skills) v Beacon Roofing Ltd [2011] EWCA Civ 1203 (26 October 2011)

High Court (Queen’s Bench Division)

Morrissey v McNicholas & Anor [2011] EWHC 2738 (QB) (26 October 2011)

High Court (Administrative Court)

BA, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin) (26 October 2011)

High Court (Commercial Court)

Glencore Energy (UK) Ltd v Sonol Israel Ltd [2011] EWHC 2756 (Comm) (26 October 2011)

High Court (Admiralty Division)

MIOM 1 Ltd & Anor v Sea Echo ENE (No 2) [2011] EWHC 2715 (Admlty) (26 October 2011)

High Court (Patents Court)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

Protecting Kids the World Over (PKTWO) Ltd, Re [2011] EWHC 2720 (Pat) (26 October 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 26th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Heys, R. v [2011] EWCA Crim 2112 (09 August 2011)

Reid, R. v [2011] EWCA Crim 2162 (20 September 2011)

Archer, R. v [2011] EWCA Crim 2252 (27 September 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 25th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Shields, R. v [2011] EWCA Crim 2343 (25 October 2011)

H, R. v [2011] EWCA Crim 2344 (25 October 2011)

T, R. v [2011] EWCA Crim 2345 (16 September 2011)

Court of Appeal (Civil Division)

Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates’ Court & Anor [2011] EWCA Civ 1188 (25 October 2011)

Brandon v American Express Services Europe Ltd [2011] EWCA Civ 1187 (25 October 2011)

NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 (25 October 2011)

High Court (Chancery Division)

Alexander v Alexander & Ors [2011] EWHC 2721 (Ch) (21 October 2011)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Ors [2011] EWHC 2718 (Comm) (24 October 2011)

Source: www.bailii.org

Transcripts Guide – revised edition

Posted October 25th, 2011 in judgments, law reports, news by sally

In February of this year the Inner Temple Library produced a revised edition of Transcripts of Judicial Proceedings in England and Wales: a guide to sources.

Since that edition was published a number of changes caused by the creation of Her Majesty’s Courts and Tribunals Service, and of the new government web portal, Justice, have affected the currency of some of the content. The information in the Guide has been updated, and is now, as far as possible, correct as at 1 July 2011.

More information can be found here.

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another – WLR Daily

Posted October 25th, 2011 in charities, education, law reports, tribunals by sally

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another [2011] UKUT 421 (TCC); [2011] WLR (D) 301

“Guidance issued by the Charity Commission for England and Wales included errors of law in respect of the public benefit requirement contained in the Charities Act 2006 on independent schools which charged fees. Whether the public benefit requirement was satisfied depended on the facts of each case. The correct approach was to look at what a trustee, acting in the interests of the community as a whole, would do in all the circumstances of the particular school under consideration and to ask what provision ought to be made once the threshold of benefit going beyond the de minimis or token level had been met. There was no reason why the provision of scholarships or bursaries to students who could pay some, but not all, of the fees should not be seen as for the public benefit. Provided that the operation of the school was seen as being for the public benefit, with an appropriate level of benefit for the poor, a subsidy to the not so well off was to be taken account of in the public benefit.”

WLR Daily, 13th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 25th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

ABB & Ors v Milton Keynes Council [2011] EWHC 2745 (QB) (21 October 2011)

Commissioner of Police of the Metropolis & Anor v Times Newspapers Ltd & Anor [2011] EWHC 2705 (QB) (24 October 2011)

High Court (Chancery Division)

British Sky Broadcasting Group Plc & Ors v Digital Satellite Warranty Cover Ltd & Ors [2011] EWHC 2636 (Ch) (07 October 2011)

Fresenius Kabi Deutschland GmbH & Ors v Carefusion 303, Inc [2011] EWHC 2663 (Ch) (12 October 2011)

High Court (Patents Court)

ZTE (UK) Ltd v Telefonaktiebolaget LM Ericsson (Publ) [2011] EWHC 2709 (Pat) (19 October 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 24th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Tindle v R [2011] EWCA Crim 2341 (20 October 2011)

Court of Appeal (Civil Division)

SSL International Plc & Anor v TTK LIG Ltd & Ors [2011] EWCA Civ 1170 (19 October 2011)

Ahmed v Secretary of State for Work and Pensions [2011] EWCA Civ 1186 (21 October 2011)

High Court (Queen’s Bench Division)

Kordowski v Hudson [2011] EWHC 2667 (QB) (21 October 2011)

Smith v Kempson [2011] EWHC 2680 (QB) (21 October 2011)

High Court (Technology and Construction Court)

Mears Ltd v Leeds City Council [2011] EWHC 2694 (TCC) (20 October 2011)

Thameside Construction Company Ltd v Arthenella Ltd [2011] EWHC 2695 (TCC) (20 October 2011)

High Court (Commercial Court)

Micoperi SrL v The Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) [2011] EWHC 2686 (Comm) (21 October 2011)

Source: www.bailii.org

Brough v Law and another – WLR Daily

Posted October 24th, 2011 in child support, financial provision, law reports by sally

Brough v Law and another [2011] EWCA Civ 1183; [2011] WLR (D) 300

“A maintenance assessment under which an absent parent was liable to pay maintenance in respect of a qualifying child to the parent with care did not end as a result of a brief reconciliation between the parents within paragraph 16(1)(b) of Schedule 1 to the Child Support Act 1991 as read with section 3 of that Act.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

SSL International plc and another v TTK LIG Ltd and others – WLR Daily

Posted October 21st, 2011 in civil procedure rules, foreign companies, law reports, service by sally

SSL International plc and another v TTK LIG Ltd and others [2011] EWCA Civ 1170; [2011] WLR (D) 299

“Service of a claim form on the director of a foreign company during his temporary visit to England did not constitute personal service of the claim form on the company, within CPR r 6.5(3)(b), where the company was neither resident nor carried on business in England and all its directors were resident overseas when the proceedings were purportedly served.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another – WLR Daily

Posted October 21st, 2011 in bias, conflict of interest, disciplinary procedures, judges, law reports, recusal, tribunals by sally

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another [2011] EWCA Civ 1168; [2011] WLR (D) 298

“Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. The vice-president of the Institute of Legal Executives (‘ILEX’) ought not to have been a member of a disciplinary appeal tribunal set up by the institute to deal with breaches of its rules. Her leading role in the institute and her inevitable interest in its policy of disciplinary regulation should have disqualified her because the fair-minded and informed observer ought to have or would have concluded that there was a real possibility of bias.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 20th, 2011 in law reports by sally

Supreme Court

Kaupthing Singer and Friedlander Ltd, Re [2011] UKSC 48 (19 October 2011)

Davies & Anor, R (on the application of) v Revenue and Customs [2011] UKSC 47 (19 October 2011)

Court of Appeal (Civil Division)

Agard v Westminster Kingsway College [2011] EWCA Civ 1169 (20 October 2011)

Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 (20 October 2011)

Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168 (19 October 2011)

The Financial Services Authority v Sinaloa Gold Plc & Ors [2011] EWCA Civ 1158 (18 October 2011)

Court of Appeal (Criminal Division)

KV & Ors v R. [2011] EWCA Crim 2342 (19 October 2011)

High Court (Chancery Divsion)

Toshiba Carrier UK Ltd & Ors v KME Yorkshire Ltd & Ors [2011] EWHC 2665 (Ch) (19 October 2011)

High Court (Family Division)

S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam) (14 October 2011)

Source: www.bailii.org

In re Kaupthing Singer and Friedlander Ltd – WLR Daily

Posted October 20th, 2011 in administration orders, insolvency, law reports, Supreme Court, surety by sally

In re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48; [2011] WLR (D) 297

“The equitable rule which prevented a person sharing in a fund while his debts to the fund were unpaid was trumped by the rule against double proof in a suretyship situation.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same – WLR Daily

Posted October 20th, 2011 in income tax, law reports, Supreme Court by sally

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same [2011] UKSC 47; [2011] WLR (D) 296

“In order to gain non-resident status for tax purposes, a person who had left the United Kingdom had to demonstrate a distinct break from his or her previous pattern of life in the UK. Such a test was clear from the ordinary law of residence, and the Inland Revenue guidance booklet IR20 (operative until 2009) did not contain any less stringent test which taxpayers could rely on.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted October 20th, 2011 in appeals, damages, financial regulation, injunctions, law reports, undertakings by sally

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158; [2011] WLR (D) 295

“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”

WLR Daily, 18th october 2011

Source: www.iclr.co.uk

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust – WLR daily

Posted October 20th, 2011 in appeals, assignment, law reports, third parties by sally

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust [2011] EWCA Civ 1149; [2011] WLR (D) 294

“A claim for damages for personal injury was a chose in action capable of assignment. The law would not, however, recognise on the grounds of public policy an assignment to a party who did not have sufficient interest to support what would otherwise be a bare right of action.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 19th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Blackshaw, R. v [2011] EWCA Crim 2312 (18 October 2011)

Hindley, R. v [2011] EWCA Crim 2100 (28 July 2011)

Court of Appeal (Civil Division)

The Financial Services Authority v Sinaloa Gold Plc & Ors [2011] EWCA Civ 1158 (18 October 2011)

High Court (Chancery Division)

City Index Ltd (t/a Finspreads) v Balducci [2011] EWHC 2562 (Ch) (07 October 2011)

High Court (Administrative Court)

DL & Anor v London Borough of Newham [2011] EWHC 2666 (Admin) (18 October 2011)

High Court (Commercial Court)

Lornamead Acquisitions Ltd v Kaupthing Bank HF [2011] EWHC 2611 (Comm) (18 October 2011)

Stiedl v Enyo Law LLP & Ors [2011] EWHC 2649 (Comm) (18 October 2011)

Source: www.bailii.org

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies – WLR Daily

Posted October 18th, 2011 in appeals, expenses, insolvency, law reports by sally

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies [2011] EWCA Civ 1124; [2011] WLR (D) 293

“Neither the obligation to comply with a financial support direction issued by the Pensions Regulator under section 43 of the Pensions Act 2004 nor the obligation to pay the trustees of the relevant occupational pension scheme the sum specified in a contribution notice issued under section 47 of the 2004 Act, following non-compliance with the direction, constituted a provable debt in an administration or liquidation within the meaning of rule 13.12 of the Insolvency Rules 1986 where the direction was issued after the commencement of the insolvency process; such obligations ranked instead as an expense of the administration or liquidation.”

WLR Daily, 14th October 2011

Source: www.iclr.co.uk