law reports – Page 200 – Current Awareness

“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Revenue and Customs v Jones & Anor [2011] EWCA Civ 824 (18 July 2011)

Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 826 (18 July 2011)

High Court (Chancery Division)

Milsom & Ors v Ablyazov [2011] EWHC 1846 (Ch) (18 July 2011)

High Court (Administrative Court)

Secretary of State for the Home Department v BF [2011] EWHC 1878 (Admin) (18 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Supreme Court

Home Office v Tariq [2011] UKSC 35 (13 July 2011)

Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)

Court of Appeal (Civil Division)

Brighton and Hove City Council v PM & Ors [2011] EWCA Civ 795 (12 July 2011)

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803 (12 July 2011)

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 (12 July 2011)

Shovelar & Ors v Lane & Ors [2011] EWCA Civ 802 (12 July 2011)

JS v Secretary of State for Work and Pensions [2011] EWCA Civ 806 (13 July 2011)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1776 (Ch) (07 July 2011)

High Court (Administrative Court)

R & Ors (Minors), R (on the application of) v The Child and Family Court Advisory and Support Service [2011] EWHC 1774 (Admin) (12 July 2011)

English Speaking Board (International) Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1788 (Admin) (12 July 2011)

NM, R (on the application of) v Secretary of State for Justice [2011] EWHC 1816 (Admin) (12 July 2011)

RT, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1792 (Admin) (13 July 2011)

U & Partners(East Anglia) Ltd, R (on the application of) v The Broads Authority [2011] EWHC 1824 (Admin) (13 July 2011)

Burgin & Anor v Commission of Police for the Metropolis & Ors [2011] EWHC 1835 (Admin) (13 July 2011)

High Court (Technology and Construction Court)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1777 (Comm) (07 July 2011)

Source: www.bailii.org

Regina v K – WLR Daily

Posted July 18th, 2011 in forced labour, human rights, law reports, news, trafficking in human beings by sally

Regina v K [2011] EWCA Crim 1691; [2011] WLR (D) 231

“Slavery, servitude and forced or compulsory labour were core elements of the criminal offence of trafficking into the United Kingdom for exploitation and failing to remunerate at the national minimum wage was not determinative of guilt.”

WLR Daily, 8th July 2011

Source: www.iclr.co.uk

Silkstone and another v Tatnall and another – WLR Daily

Posted July 18th, 2011 in land registration, law reports by sally

Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230

“While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk

Tariq v Home Office (JUSTICE and another intervening) – WLR Daily

Posted July 18th, 2011 in closed material, employment tribunals, human rights, law reports, race discrimination, religious discrimination by sally

Tariq v Home Office (JUSTICE and another intervening) [2011] UKSC 35; [2011] WLR (D) 229

“The closed material procedure provided in the statutory scheme established for employment tribunals was in principle compatible with European Union law and article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

Al Rawi and others v Security Service and others (Liberty and others intervening) – WLR Daily

Posted July 18th, 2011 in closed material, disclosure, evidence, law reports, public interest immunity by sally

Al Rawi and others v Security Service and others (Liberty and others intervening) [2011] UKSC 34; [2011] WLR (D) 228

“It was for Parliament, if it so decided, and not for the courts, to introduce a closed material procedure to replace the existing process developed by the common law for dealing with claims to public interest immunity in an ordinary civil claim for damages.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

Inversiones Frieira SL and another v Colyzeo Investors II LP and another – WLR Daily

Posted July 18th, 2011 in law reports, partnerships by sally

Inversiones Frieira SL and another v Colyzeo Investors II LP and another [2011] EWHC 1762 (Ch); [2011] WLR (D) 227

“The legal structure of a collective investment scheme was that of a partnership and the legal rights of the investors were determined by that legal structure and not by the economic purpose.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

The Chief Land Registrar v Silkstone & Ors [2011] EWCA Civ 801 (14 July 2011)

TE v Secretary of State for the Home Department [2011] EWCA Civ 811 (14 July 2011)

Barclays Bank Trust Company Ltd v Revenue and Customs [2011] EWCA Civ 810 (14 July 2011)

FM v Secretary of State for the Home Department (Rev 1) [2011] EWCA Civ 807 (14 July 2011)

Hussain & Ors, R (on the application of) v Secretary of State for the Health Department & Anor [2011] EWCA Civ 800 (14 July 2011)

High Court (Chancery Division)

F&C Alternative Investments (Holdings) Ltd. v Barthelemy & Anor [2011] EWHC 1851 (Ch) (14 July 2011)

Inversiones Frieira SL & Anor v Colyzeo Investors II LP & Anor [2011] EWHC 1762 (Ch) (14 July 2011)

F&C Alternative Investments (Holdings) Ltd v Barthelemy & Anor [2011] EWHC 1731 (Ch) (14 July 2011)

High Court Commercial Court)

PT Thiess Contractors Indonesia v PT Kaltim Prima Coal & Anor [2011] EWHC 1842 (Comm) (14 July 2011)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniya “Naftogaz Ukrayiny” [2011] EWHC 1820 (Comm) (14 July 2011)

Glory Wealth Shipping Pte Ltd. v Korea Line Corporation [2011] EWHC 1819 (Comm) (14 July 2011)

High Court (Queen’s Bench Division)

Reliance Globalcom Ltd v OTE International Solutions SA [2011] EWHC 1848 (QB) (15 July 2011)

Source: www.bailii.org

St Prix v Secretary of State for Work and Pensions – WLR Daily

Posted July 15th, 2011 in benefits, EC law, freedom of movement, law reports, news, pregnancy by sally

St Prix v Secretary of State for Work and Pensions [2011] EWCA Civ 806; [2011] WLR (D) 226

“A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had deliberately been excluded from the conditions in which the status of worker was retained despite a cessation of work.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 14th, 2011 in law reports by sally

High Court (Administrative Court)

Burgin & Anor v Commission of Police for the Metropolis & Ors [2011] EWHC 1835 (Admin) (13 July 2011)

U & Partners(East Anglia) Ltd, R (on the application of) v The Broads Authority [2011] EWHC 1824 (Admin) (13 July 2011)

RT, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1792 (Admin) (13 July 2011)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

High Court (Technology and Construction Court)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

Source: www.bailii.org

Regina v Unah – WLR Daily

Posted July 14th, 2011 in defences, law reports, possession of false identity documents by sally

Regina v Unah [2011] WLR (D) 225

“Where a defendant sought to rely on the defence of ‘reasonable excuse’ for the purposes of the offence of possessing a false identity document, contrary to section 25(5) of the Identity Cards Act 2006, the fact that the defendant did not know or believe that the document was false was not of itself a reasonable excuse. However, a defendant was entitled to ask the jury to consider objectively whether he had a reasonable excuse for possessing the material, and the fact that he did not know or believe that it was a false document, because of the circumstances in which it had been obtained, might well have a bearing on that question.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Shovelar and others v Lane and others – WLR Daily

Posted July 14th, 2011 in appeals, constructive trusts, costs, executors, law reports, wills by sally

Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224

“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”

WLR Daily, 12th July2011

Source: www.iclr.co.uk

Jones and another v Ruth and another – WLR Daily

Posted July 14th, 2011 in appeals, damages, harassment, law reports, mental health by sally

Jones and another v Ruth and another [2011] EWCA Civ 804; [2011] WLR (D) 222

“Foreseeability of the injury or loss sustained by a claimant was not an essential element in the cause of action for harassment under section 3 of the Protection from Harassment Act 1997.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Regina v Dobson – WLR Daily

Posted July 14th, 2011 in appeals, law reports, verdicts by sally

Regina v Dobson [2011] WLR (D) 221

“The principle that, even where there was a logical inconsistency in the verdicts of a jury, a conviction might be safe if the court found that there was an explanation for the inconsistency was subject to the limitation that the explanation had to fall within the parameters of the case as summed up by the trial judge.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk