law reports – Page 203 – Current Awareness

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others – WLR Daily

Posted June 20th, 2011 in appeals, law reports, murder, offensive weapons, sentencing by sally

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others [2011] EWCA Crim 1462; [2011] WLR (D) 197

“For the purposes of deciding the starting point for determining the minimum term to be served by a defendant sentenced to life imprisonment on conviction of murder committed with a knife the fact that the defendant had taken a knife from the kitchen of a home to another room in the same home, even if a locked door was forced, did not mean that he had taken the knife to the scene within the meaning of paragraph 5A of Schedule 21 to the Criminal Justice Act 2003.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pfleiderer AG v Bundeskartellamt – WLR Daily

Posted June 20th, 2011 in competition, disclosure, EC law, evidence, law reports by sally

Pfleiderer AG v Bundeskartellamt (Case C-360/09); [2011] WLR (D) 196

“A person adversely affected by an infringement of European Union competition law was not precluded by the provisions of that law from being granted access to documents relating to the leniency procedure for the purposes of bringing a civil action for damages.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 17th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rogers v R [2011] EWCA Crim 1459 (15 June 2011)

Court of Appeal (Civil Division)

NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 (16 June 2011)

High Court (Queen’s Bench Division)

Culkin v The Wirral Independent Appeals Panel [2011] EWHC 1526 (QB) (15 June 2011)

Cook v Telegraph Media Group Ltd [2011] EWHC 1519 (QB) (16 June 2011)

High Court (Family Division)

Cheshire West and Chester Council v P & Anor [2011] EWHC 1330 (Fam) (14 June 2011)

High Court (Administrative Court)

Y, R (on the application of) v London Borough of Hillingdon [2011] EWHC 1477 (Admin) (15 June 2011)

The Vale of Glamorgan Council v The Lord Chancellor and Secretary of State for Justice (Rev 1) [2011] EWHC 1532 (Admin)

Robin Murray & Co, R (on the application of) v The Lord Chancellor [2011] EWHC 1528 (Admin) (16 June 2011)

High Court (Patents Court)

Nokia Oyj (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 1470 (Pat) (16 June 2011)

High Court (Commercial Court)

Jet2.Com Ltd v Blackpool Airport Ltd [2011] EWHC 1529 (Comm) (15 June 2011)

Merchantbridge & Co Ltd & Anor v Safron General Partner 1 Ltd [2011] EWHC 1524 (Comm) (15 June 2011)

Source: www.bailii.org

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) – WLR Daily

Posted June 17th, 2011 in EC law, fisheries, law reports, regulations, ultra vires by sally

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25; [2011] WLR (D) 195

“The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to sea fish or parts of sea fish first brought to land outside the United Kingdom and only later imported into the United Kingdom. The levy so imposed, pursuant to the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996, constituted an internal tax under article 110FEU, not a charge having equivalent effect to customs duty contrary to articles 28FEU and 30FEU, and was accordingly lawful.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 16th, 2011 in law reports by sally

High Court (Administrative Court)

Longmire v Secretary of State for Justice [2011] EWHC 1488 (Admin) (15 June 2011)

Flasz & Ors v Havering Primary Care Trust [2011] EWHC 1487 (Admin) (15 June 2011)

High Court (Technology and Construction Court)

Carillion JM Ltd v Phi Group Ltd [2011] EWHC 1379 (TCC) (15 June 2011)

Source: www.bailii.org

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Hichens – WLR Daily

Posted June 16th, 2011 in assault, defences, law reports, self-defence, third parties by sally

Regina v Hichens [2011] WLR (D) 193

“On a charge of common assault the defence that the action was taken by way of self-defence to prevent a person from committing a crime or a breach of the peace was available even if the act of violence was not against the person concerned but was against an innocent third party.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BG v Secretary of State for the Home Department – WLR Daily

Posted June 16th, 2011 in appeals, control orders, human rights, law reports by sally

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192

“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”

WLR Daily, 13th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 15th, 2011 in law reports by sally

Supreme Court

Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs [2011] UKSC 25 (15 June 2011)

Parkwood Leisure Ltd v Alemo -Herron and others [2011] UKSC 26 (15 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

D (A Child) [2011] EWCA Civ 684 (14 June 2011)

High Court (Technology and Construction Court)

John Youngs Insurance Services Ltd v Aviva Insurance Service UK Ltd [2011] EWHC 1515 (TCC) (14 June 2011)

Source: www.bailii.org

In re E (Children)(Abduction: Custody Rights) – WLR Daily

Posted June 15th, 2011 in child abduction, custody, human rights, law reports by sally

In re E (Children)(Abduction: Custody Rights) [2011] UKSC 27; [2011] WLR (D) 191

“The application of article 13b of the Hague Convention on the Civil Aspects of International Child Abduction (1980) required that the best interests of the child concerned was a primary consideration for the court requested to return an abducted child and, consequently, there was no conflict between the Hague Convention and the United Nations Convention on the Rights of the Child and no obvious conflict with the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th June 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 14th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Geary v JD Wetherspoon Plc [2011] EWHC 1506 (QB) (14 June 2011)

High Court (Chancery Division)

Harris v Jones & Ors [2011] EWHC 1518 (Ch) (14 June 2011)

Shetty v Al Rushaid Petroleum Investment Company & Ors [2011] EWHC 1460 (Ch) (09 June 2011)

Future Publishing Ltd v The Edge Interactive Media Inc & Ors [2011] EWHC 1489 (Ch) (13 June 2011)

High Court (Administrative Court)

R, R (on the application of) v London Borough of Croydon [2011] EWHC 1473 (Admin) (14 June 2011)

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin) (13 June 2011)

High Court (Technology and Construction Court)

Chiu & Ors v Waitrose Ltd & Ors [2011] EWHC 1356 (TCC) (25 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 13th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Alvi, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 681 (09 June 2011)

KM, R (on the application of) v Cambridgeshire County Council [2011] EWCA Civ 682 (09 June 2011)

Wright (A Child) v Cambridge Medical Group [2011] EWCA Civ 669 (09 June 2011)

Court of Appeal (Criminal Division)

Stringer v R [2011] EWCA Crim 1396 (09 June 2011)

High Court (Administrative Court)

E & Ors, R (on the application of) v The Director of Public Prosecutions [2011] EWHC 1465 (Admin) (10 June 2011)

High Court (Chancery Division)

Grievson v Grievson & Ors [2011] EWHC 1367 (Ch) (09 June 2011)

Langsam v Beachcroft LLP [2011] EWHC 1451 (Ch) (09 June 2011)

High Court (Family Division)

AF (Father) v T (Mother) & Anor [2011] EWHC 1315 (Fam) (31 May 2011)

High Court (Queen’s Bench Division)

Whittaker v Kinnear [2011] EWHC 1479 (QB) (10 June 2011)

Naschie v Macmillan Publishers Ltd (t/a Nature Publishing Group) & Anor [2011] EWHC 1468 (QB) (10 June 2011)

High Court (Technology and Construction Court)

Reliant Building Contractors Ltd v BRB (Residuary) Ltd [2011] EWHC 1439 (TCC) (08 June 2011)

Source: www.bailii.org

Regina (Alvi) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2011 in appeals, immigration, judicial review, law reports by sally

Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681; [2011] WLR (D) 190

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wright v Cambridge Medical Group (a partnership) – WLR daily

Posted June 13th, 2011 in causation, delay, doctors, law reports, negligence, personal injuries by sally

Wright v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669; [2011] WLR (D) 189

“General practitioners were liable in negligence for the late referral of an infant to hospital where, if she had received effective treatment in time, she would probably have made a full recovery from an infection which in fact caused permanent damage to her hip.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.