law reports – Page 197 – Current Awareness

Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) – WLR Daily

Posted August 15th, 2011 in asylum, law reports, local government, mental health, residential care by sally

Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) [2011] EWCA Civ 954; [2011] WLR (D) 275

“On the true meaning of section 21(1)(a) of the National Assistance Act 1948, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care co-ordinator, since such provision of assistance would be otiose without the additional provision of housing.”

WLR Daily, 10th August 2011

Source: www.iclr.co.uk

New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others – WLR Daily

Posted August 15th, 2011 in enforcement, foreign jurisdictions, insolvency, law reports by sally

New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others [2011] EWCA Civ 971; [2011] WLR (D) 274

“Section 426 of the Insolvency Act 1986 could be used to seek assistance with a view to the enforcement of a money judgment issued in foreign insolvency proceedings, and was not excluded by section 6 of the Foreign Judgments (Reciprocal Enforcement) Act 1933.”

WLR Daily, 9th August 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 12th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Moore v R [2011] EWCA Crim 1988 (11 August 2011)

Burton v R [2011] EWCA Crim 1990 (11 August 2011)

Hookway & Anor v R [2011] EWCA Crim 1989 (11 August 2011)

Court of Appeal (Civil Division)

Hirose Electrical UK Ltd v Peak Ingredients Ltd [2011] EWCA Civ 987 (11 August 2011)

PR (Sri Lanka) & Ors v Secretary of State for the Home Department (Rev 2) [2011] EWCA Civ 988 (11 August 2011)

High Court (Administrative Court)

Elayathamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin) (11 August 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

SL v Westminster City Council & Ors [2011] EWCA Civ 954 (10 August 2011)

High Court (Queen’s Bench Division)

Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) (10 August 2011)

High Court (Administrative Court)

Infinis Plc Infinis (Re-Gen) Ltd, R (on the application of) v Gas & Electricity Markets Authority & Anor [2011] EWHC 1873 (Admin) (10 August 2011)

Source: www.bailii.org

JSC BTA Bank v Solodchenko and others – WLR Daily

Posted August 11th, 2011 in contempt of court, disclosure, law reports by sally

JSC BTA Bank v Solodchenko and others [2011] EWHC 2163 (Ch); [2011] WLR (D) 273

“The court had jurisdiction to order a solicitor to disclose his client’s contact details if satisfied it was just and convenient to do so to ensure the effectiveness of an earlier order.”

WLR Daily, 5th August 2011

Source: www.iclr.co.uk

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

Posted August 11th, 2011 in bail, deportation, human rights, immigration, law reports by sally

Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272

“Proceedings before the Special Immigration Appeals Commission to determine the immigration bail conditions of a person subject to a deportation order were interim proceedings in the deportation proceedings or ancillary to them. Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not apply to the bail proceedings.”

WLR Daily, 2nd August 2011

Source: www.iclr.co.uk

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

Posted August 10th, 2011 in bail, deportation, human rights, law reports by sally

Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272

WLR Daily, 2nd August 2011

Source: www.iclr.co.uk

Court of Protection case to be reported in real time after landmark legal ruling – The Guardian

Posted August 9th, 2011 in care homes, Court of Protection, elderly, law reports, local government, news, public interest by sally

“A son’s battle to care for his elderly father made legal history on Monday when a judge ruled that his case against the local authority could be reported in ‘real time’.”

Full story

The Guardian, 8th August 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 8th, 2011 in law reports by sally

High Court (Chancery Division)

Cherney & Ors v Neuman & Ors [2011] EWHC 2156 (Ch) (05 August 2011)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 2163 (Ch) (05 August 2011)

High Court (Queen’s Bench Division)

Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

Whiten v St George’s Healthcare NHS Trust [2011] EWHC 2066 (QB) (05 August 2011)

Bodey v Hall [2011] EWHC 2162 (QB) (05 August 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 5th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Pasha, R (On the Application Of) v Secretary of State for the Home Department [2011] EWCA Civ 955 (04 August 2011)

High Court (Queen’s Bench Division)

Swotbooks.com Ltd v Royal Bank of Scotland Plc [2011] EWHC 2025 (QB) (29 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 4th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Grimes v Hawkins & Anor [2011] EWHC 2004 (QB) (03 August 2011)

High Court (Chancery Division)

Boghani v Nathoo [2011] EWHC 2101 (Ch) (02 August 2011)

High Court (Administrative Court)

Berky, R (on the application of) v Newport City Council & Ors [2011] EWHC 2100 (Admin) (29 July 2011)

Source: www.bailii.org

Tristmire Ltd v Mew and another – WLR Daily

Posted August 4th, 2011 in appeals, housing, landlord & tenant, law reports, rent, ships by sally

Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271

“A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat.”

WLR Daily, 28th July 2011

Source: www.iclr.co.uk

Regina v Jones and another – WLR Daily

Posted August 4th, 2011 in appeals, environmental protection, law reports, waste by sally

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 3rd, 2011 in law reports by sally

Court of Appeal (Civil Division)

BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2011] EWCA Civ 2129 (02 August 2011)

High Court (Chancery Division)

Boggild & Ors, R. v [2011] EWCA Crim 1928 (19 July 2011)

High Court (Administrative Court)

Hargreaves v Secretary of State for Communities and Local Government & Ors [2011] EWHC 1999 (Admin) (2 August 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 2nd, 2011 in law reports by sally

Court of Appeal (Civil Division)

Costello & Anor v MacDonald & Ors [2011] EWCA Civ 930 (29 July 2011)

High Court (Chancery Division)

Warner-Lambert Company LLC v Teva UK Ltd & Ors [2011] EWHC 2018 (Ch) (22 July 2011)

Payless Cash & Carry Ltd v Patel & Ors [2011] EWHC 2112 (Ch) (29 July 2011)

Source: www.bailii.org

Hayes v Chief Constable of Merseyside Police – WLR Daily

Posted August 2nd, 2011 in appeals, detention, law reports, wrongful arrest by sally

Hayes v Chief Constable of Merseyside Police [2011] EWCA Civ 911; [2011] WLR (D) 269

“Where a police constable had exercised the ower of summary arrest provided by section 24 of the Police and Criminal Evidence Act 1984, it had to be shown, inter alia, that the constable had actually believed that the arrest was necessary, and for a permissible reason, and that objectively that belief was reasonable.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

MacDonald and others v Costello and another – WLR Daily

Posted August 2nd, 2011 in appeals, contracts, law reports, restitution by sally

MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268

“Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted August 1st, 2011 in law reports, pensions, winding up by sally

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2011] UKSC 42; [2011] WLR (D) 267

“Equilibrium of assets and liabilities was not a requirement of the definition of a money purchase pension scheme under section 181 of the Pension Schemes Act 1993.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Hashwani v Jivraj (London Court of International Arbitration and others intervening) – WLR daily

Posted August 1st, 2011 in arbitration, employment, law reports, religious discrimination by sally

Hashwani v Jivraj (London Court of International Arbitration and others intervening) [2011] UKSC 40; [2011] WLR (D) 266

“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk