law reports – Page 201 – Current Awareness

“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Mereworth v Ministry of Justice – WLR Daily

Posted July 7th, 2011 in jurisdiction, law reports, parliament, peerages & dignities by sally

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217

“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

P v Independent Print Ltd. & Ors [2011] EWCA Civ 756 (04 July 2011)

Glentree Estates Ltd v Holbeton Ltd [2011] EWCA Civ 755 (05 July 2011)

High Court (Chancery Division)

Schütz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1712 (Ch) (05 July 2011)

High Court (Administrative Court)

D Morgan Plc, R (on the application of) v The Welsh Ministers & Anor [2011] EWHC 1680 (Admin) (05 July 2011)

Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1726 (Admin) (05 July 2011)

High Court (Commercial Court)

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2011] EWHC 1721 (Comm) (05 July 2011)

Pioneer Freight Futures Company Ltd v Cosco Bulk Carrier Company Ltd [2011] EWHC 1692 (Comm) (05 July 2011)

Source: www.bailii.org

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat – WLR Daily

Posted July 6th, 2011 in copyright, EC law, fees, law reports, libraries by sally

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat (Case C-271/10); [2011] WLR (D) 216

“National legislation establishing a system under which the remuneration payable to authors in the event of public lending was calculated exclusively according to the number of borrowers registered with public establishments on the basis of a flat-rate amount fixed per borrower and per year was contrary to article 5(1) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 2006 L376, p28).”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 5th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kichens, R. v [2011] EWCA Crim 1626 (14 June 2011)

Thomas, R. v [2011] EWCA Crim 1497 (26 May 2011)

High Court (Queen’s Bench Division)

Killen v Horseworld Ltd & Ors [2011] EWHC 1600 (QB) (24 June 2011)

Shah & Anor v HSBC Private Bank (UK) Ltd [2011] EWHC 1713 (QB) (04 July 2011)

High Court (Chancery Division)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2011] EWHC 1717 (Ch) (04 July 2011)

High Court (Family Division)

A County Council v K & Ors (By the Child’s Guardian Ht) [2011] EWHC 1672 (Fam) (04 July 2011)

High Court (Administrative Court)

In the matter of Stephen Edwards v In the matter of the Drug Trafficking Act 1994 [2011] EWHC 1688 (Admin) (04 July 2011)

Source: www.bailii.org

In re Frontsouth (Witham) Ltd (in administration) and Bridge Hospital (Witham) Ltd (in administration) – WLR Daily

Posted July 5th, 2011 in administrators, insolvency, law reports by sally

In re Frontsouth (Witham) Ltd (in administration) and Bridge Hospital (Witham) Ltd (in administration) [2011] EWHC 1668 (Ch); [2011] WLR (D) 215

“Rule 7.55 of the Insolvency Rules 1986 could not be used by the court to waive defects of a relatively technical nature in the out of court appointment of administrators and such a change should only be brought about by legislation.”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

Pryor v Chief Constable of the Greater Manchester Police – WLR Daily

Posted July 5th, 2011 in appeals, insurance, law reports, police, road traffic offences by sally

Pryor v Chief Constable of the Greater Manchester Police [2011] EWCA Civ 749; [2011] WLR (D) 214

“Where the police exercised powers to seize the vehicle of a driver who was driving a friend’s car, but who was in fact insured to drive the vehicle in question and had the written permission of the owner to do so, the seizure could found liability in tort.”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 4th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell & Anor v R. [2011] EWCA Crim 1652 (01 July 2011)

Court of Appeal (Civil Division)

Wardle v Credit Agricole Corporate and Investment Bank [2011] EWCA Civ 770 (01 July 2011)

High Court (Queen’s Bench Division)

Charles Terence Estates Ltd v The Cornwall Council [2011] EWHC 1683 (QB) (28 June 2011)

Bristol Alliance Ltd v Williams & Anor [2011] EWHC 1657 (QB) (01 July 2011)

Jani-King (Gb) Ltd. v Alan James Manchett [2011] EWHC 1659 (QB) (01 July 2011)

High Court (Administrative Court)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1) [2011] EWHC 1714 (Admin) (01 July 2011)

High Court (Admiralty Division)

Samco Europe, The Owners or Charterers of the Ship v MSC Prestige, The Owners or Charterers of the Ship [2011] EWHC 1656 (Admlty) (30 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Pryor v Greater Manchester Police [2011] EWCA Civ 749 (30 June 2011)

Clark v Bourne Leisure Ltd [2011] EWCA Civ 753 (30 June 2011)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 771 (01 July 2011)

Grant v HM Land Registry [2011] EWCA Civ 769 (01 July 2011)

High Court (Administrative Court)

Flinders, R (on the application of) v The Director of High Security & Ors [2011] EWHC 1630 (Admin) (30 June 2011)

High Court (Chancery Division)

Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) (30 June 2011)

Frontsouth (Witham) Ltd & Anor, Re [2011] EWHC 1668 (Ch) (30 June 2011)

High Court Commercial Court)

Gard Marine & Energy Ltd. v Tunnicliffe & Ors [2011] EWHC 1658 (Comm) (30 June 2011)

High Court (Queen’s Bench Division)

Ashcroft v Foley & Ors [2011] EWHC 1710 (QB) (01 July 2011)

Maritsave Ltd v National Farmers Union Mutual Insurance Society Ltd. [2011] EWHC 1660 (QB) (01 July 2011)

MacIntyre v Ministry of Defence [2011] EWHC 1690 (QB) (30 June 2011)

Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) (30 June 2011)

Source: www.bailii.org

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others – WLR Daily

Posted July 1st, 2011 in demonstrations, enforcement, harassment, injunctions, law reports, representative actions by sally

Astellas Pharma Ltd and others v Stop Huntingdon Animal Cruelty and others [2011] EWCA Civ 752; [2011] WLR (D) 213

“An injunction obtained in representative proceedings was binding on all persons represented in the claim, but a judge was entitled, in the exercise of his discretion, to refuse to frame the order in terms which would make it enforceable by or against persons who were not parties to the claim.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

White v Davenham Trust Ltd – WLR Daily

Posted July 1st, 2011 in bankruptcy, debts, guarantees, law reports, statutory demands, surety by sally

White v Davenham Trust Ltd [2011] EWCA Civ 747; [2011] WLR (D) 212

“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) – WLR Daily

Posted June 30th, 2011 in disciplinary procedures, law reports, legal representation, Supreme Court, teachers by sally

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) [2011] UKSC 30; [2011] WLR (D) 211

“A teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to the Independent Safeguarding Authority, which could bar him from working with children.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 29th, 2011 in law reports by sally

Supreme Court

G, R (on the application of) v X School [2011] UKSC 39 (29 June 2011)

Court of Appeal (Criminal Division)

Parchment v R. [2011] EWCA Crim 1391 (09 June 2011)

Killick, R. v [2011] EWCA Crim 1608 (29 June 2011)

Saunders, R v [2011] EWCA Crim 1571 (29 June 2011)

C v R. [2011] EWCA Crim 1607 (29 June 2011)

Brown v R. [2011] EWCA Crim 1606 (29 June 2011)

Court of Appeal (Civil Division)

Telegraph Media Group Ltd. v Thornton [2011] EWCA Civ 748 (22 June 2011)

Astellas Pharma Ltd & Ors v Stop Huntingdon Animal Cruelty (SHAC) & Ors [2011] EWCA Civ 752 (29 June 2011)

Medway Primary Care Trust & Anor v Marcus [2011] EWCA Civ 750 (29 June 2011)

Khan v Coventry Magistrates’ Court & Anor [2011] EWCA Civ 751 (29 June 2011)

High Court (Queen’s Bench)

Miscela Ltd & Ors v Coffee Republic Retail Ltd [2011] EWHC 1637 (QB) (23 June 2011)

High Court (Chancery Division)

London Borough of Brent v Shulem B Association Ltd [2011] EWHC 1663 (Ch) (29 June 2011)

High Court (Technology and Construction Court)

Harooni & Anor v Rustins Ltd [2011] EWHC 1632 (TCC) (29 June 2011)

Source: www.bailii.org

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH – WLR Daily

Posted June 29th, 2011 in consumer protection, defective goods, EC law, law reports by sally

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210

“Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where they had been installed and to install the replacement goods there or else to bear the costs of that removal and installation. The seller could not refuse to replace the defective goods on the ground that the costs were disproportionate but it could limit the payment to a proportionate amount.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk