law reports – Page 205 – Current Awareness

“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”

WLR Daily, 19th May 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 May 24th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Gharib, R. v [2011] EWCA Crim 1257 (06 May 2011)

High Court (Queen’s Bench)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1326 (QB) (23 May 2011)

TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB) (23 May 2011)

Goodwin v News Group Newspapers Ltd [2011] EWHC 1309 (QB) (23 May 2011)

Johnson v Le Roux Fourie [2011] EWHC 1062 (QB) (23 May 2011)

High Court (Chancery Division)

Barrett v Bem & Ors [2011] EWHC 1247 (Ch) (19 May 2011)

Chen & Ors v Chui & Ors [2011] EWHC 1276 (Ch) (12 May 2011)

High Court (Administrative Court)

Bryant & Ors, R (on the application of) v The Commissioner of Police of the Metropolis [2011] EWHC 1314 (Admin) (23 May 2011)

High Court (Family Division)

D (A Child), Re [2011] EWHC 471 (Fam) (08 March 2011)

KY v DD [2011] EWHC 1277 (Fam) (23 May 2011)

Source: www.bailii.org

Barrett v Bem (No 2); In re Lavin, decd – WLR Daily

Posted May 24th, 2011 in gifts, law reports, wills by sally

Barrett v Bem (No 2); In re Lavin, decd [2011] EWHC 1247 (Ch); [2011] WLR (D) 171

“Section 15 of the Wills Act 1837, which made a gift to an attesting witness ‘utterly null and void’, did not extend to a beneficiary of a will who had signed a will on the testator’s behalf at his direction. However, the second rule in Barry v Butlin (1838) 2 Moo PC 480, that the court should be vigilant and jealous in examining the evidence in support of a will where a party wrote or prepared a will under which he took a benefit and should not pronounce in that instrument’s favour unless the suspicion were removed and it were satisfied that the true will of the deceased was expressed therein, should apply with additional force where the agent of the testator who signed the will was a beneficiary under it.”

WLR Daily, 19th May 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.

Panter v Rowellian Football Social Club and others – WLR Daily

Posted May 24th, 2011 in clubs, company law, insolvency, law reports by sally

Panter v Rowellian Football Social Club and others [2011] EWHC 1301 (Ch); [2011] WLR (D) 170

“Paragraph 111(1A)(c) of Schedule B1 to the Insolvency Act 1986, as inserted, applied to companies which were incorporated in states outside the European Economic Area and it did not apply to entities that were not incorporated at all.”

WLR Daily, 20th May 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.

Oxford City Council v Bull – WLR Daily

Posted May 24th, 2011 in appeals, homelessness, law reports, local government by sally

Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169

“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”

WLR Daily, 18th May 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 May 23rd, 2011 in law reports by sally

Court of Appeal (Civil Division)

Kahlon v Isherwood [2011] EWCA Civ 602 (19 May 2011)

Gladehurst Properties Ltd v Hashemi & Anor [2011] EWCA Civ 604 (19 May 2011)

High Court (Administrative Court)

CD v Secretary of State for the Home Department [2011] EWHC 1273 (Admin) (20 May 2011)

High Court (Family Division)

Spencer v S Franses Ltd [2011] EWHC 1269 (QB) (20 May 2011)

Source: www.bailii.org

Avon Estates Ltd v Welsh Ministers and another – WLR Daily

Posted May 23rd, 2011 in law reports, local government, planning, time limits by sally

Avon Estates Ltd v Welsh Ministers and another [2011] EWCA Civ 55; [2011] WLR (D) 168

“Conditions attached to planning permission granted for a limited period could not be enforced against the landowner when the permissions had become spent and the planning authority had failed to enforce the removal of the building or the cessation of the permitted use so that the buildings became immune from enforcement action.”

WLR Daily, 16th May 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 May 20th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Ahmed Ali & Ors, R. v [2011] EWCA Crim 1260 (19 May 2011)

Hull v R. [2011] EWCA Crim 1261 (19 May 2011)

High Court (Administrative Court)

W, R (on the application of) v Birmingham City Council [2011] EWHC 1147 (Admin) (19 May 2011)

High Court (Chancery Division)

Panter v Rowellian Football Social Club & Ors [2011] EWHC 1301 (Ch) (20 May 2011)

High Court (Family Divsion)

V v V [2011] EWHC 1190 (Fam) (20 May 2011)

Source: www.bailii.org

Regina v Dobson – WLR Daily

Posted May 20th, 2011 in evidence, law reports, murder, retrials by sally

Regina v Dobson [2011] EWCA Crim 1256; [2011] WLR (D) 167

“Where the Court of Appeal was considering, for the purposes of quashing an acquittal, whether there was new and compelling evidence, provided the new evidence was reliable, substantial and appeared to be highly probative it would be compelling for the purposes of section 78 of the Criminal Justice Act 2003: otherwise it would not.”

WLR Daily, 18th May 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 D (N); Regina v P (A); Regina v U (S) – WLR Daily

Posted May 20th, 2011 in bad character, child abuse, evidence, indecent photographs of children, law reports, news, sexual offences by sally

Regina v D (N); Regina v P (A); Regina v U (S) [2011] WLR (D) 166

“Evidence that a defendant had viewed child pornography was capable of being adduced in evidence at trial under section 101(1)(d) of the Criminal Justice Act 2003 to demonstrate a propensity for offences involving the sexual abuse of children.”

WLR Daily, 17th May 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

Aitken v Commissioner of Police of the Metropolis – WLR Daily

Posted May 20th, 2011 in disability discrimination, EC law, employment tribunals, law reports, mental health by sally

Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582; [2011] WLR (D) 165

“Parties and their lawyers using the tribunal system should not draw the appellate courts into unnecessary speculation as to what the law would be if an employment tribunal had found the facts differently. Users of the tribunal system needed to be reminded that they needed evidence to prove facts; they needed facts on which to base legal submissions; and they needed real, not imaginary, questions of law for any appeal.”

WLR Daily, 18th May 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

Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Posted May 20th, 2011 in assets recovery, extraterritoriality, jurisdiction, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Perry and others (No 2) [2011] EWCA Civ 578; [2011] WLR (D) 164

“A court in England and Wales had the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside the jurisdiction, whether moveable or immoveable.”

WLR Daily, 18th May 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 May 19th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Grand v Gill [2011] EWCA Civ 554 (19 May 2011)

Court of Appeal (Criminal Division)

Sammon v R. [2011] EWCA Crim 1199 (18 May 2011)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

High Court (Family division)

X, Y, Z (Minors), Re [2011] EWHC 1267 (Fam) (18 May 2011)

High Court (Queen’s Bench Division)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

London Borough of Wandsworth v Covent Garden Market Authority [2011] EWHC 1245 (QB) (18 May 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 1236 (QB) (18 May 2011)

Source: www.bailii.org

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) – WLR Daily

Posted May 19th, 2011 in human rights, inquests, law reports, Supreme Court by sally

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) [2011] UKSC 20; [2011] WLR (D) 163

“If the United Kingdom chose to hold an inquest into a death resulting from acts by agents of the state which occurred before the Human Rights Act 1998 came into force, that inquest had to comply with the procedural obligations of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th May 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 (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) – WLR Daily

Posted May 19th, 2011 in DNA, law reports, police, Supreme Court by sally

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21; [2011] WLR (D) 162

“The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve the indefinite retention of data taken from all suspects, regardless of their age and the nature of the alleged offence, in breach of their right to privacy.”

WLR Daily, 18th May 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 Qureshi – WLR Daily

Posted May 19th, 2011 in appeals, families, harassment, landlord & tenant, law reports, vicarious liability by sally

Regina v Qureshi [2011] WLR (D) 161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th May 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 May 18th, 2011 in law reports by sally

Supreme Court

GC v The Commissioner of Police of the Metropolis [2011] UKSC 21 (18 May 2011)

McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)

Court of Appeal (Civil Division)

Khatib v Ramco International & Ors [2011] EWCA Civ 605 (18 May 2011)

Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2011] EWCA Civ 606 (18 May 2011)

Court of Appeal (Criminal Division)

Davies, R. v [2011] EWCA Crim 1177 (17 May 2011)

DL v R. [2011] EWCA Crim 1259 (18 May 2011)

High Court (Chancery Division)

Lehman Brothers v International (Europe), Re [2011] EWHC 1233 (Ch) (17 May 2011)

High Court (Commercial Court)

A Nelson & Co Ltd & Anor. v Guna SPA [2011] EWHC 1202 (Comm) (16 May 2011)

High Court (Queen’s Bench Division)

Landmark Brickwork Ltd v Sutcliffe & Ors [2011] EWHC 1239 (QB) (17 May 2011)

Source: www.bailii.org

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening – WLR Daily

Posted May 18th, 2011 in EC law, environmental protection, law reports, locus standi, public interest by sally

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening (Case C-115/09); [2011] WLR (D) 160

“A member state was precluded under article 10a of Directive 85/337/EEC from withholding, from a non-governmental organisation promoting environmental protection, the right to rely before a national court on the infringement of a rule flowing from the environmental law of the European Union on the ground that that rule only protected the interests of the general public and not the interests of individuals. Such a non-governmental organisation could derive from article 10a the right to rely, before the courts, on the infringement of rules of national law flowing from Council Directive 92/43/EC even where national law did not permit this.”

WLR Daily, 12th May 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.