law reports – Page 207 – Current Awareness

Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp zo o (now Netia SA) – WLR Daily

Posted May 9th, 2011 in competition, EC law, law reports by sally

Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp zo o (now Netia SA) Case C-375/09; [2011] WLR (D) 149

“A national competition authority, having examined whether there was an abuse of a dominant position pursuant to its own national law and pursuant to article 102FEU of the FEU Treaty (ex article 82EC of the EC Treaty), was not entitled to take a decision stating that there had been no breach of article 102FEU of the FEU Treaty.”

WLR Daily, 3rd 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 6th, 2011 in law reports by sally

High Court (Chancery Division)

Phoenix Property Investors Ltd v Grange Securities Ltd [2011] EWHC 1131 (Ch) (05 May 2011)

Kingspan Group Plc & Anor v Rockwool Ltd (on costs) [2011] EWHC 1065 (Ch) (14 April 2011)

High Court (Family Division)

L (A Child: Media Reporting), Re [2011] EWHC B8 (Fam) (18 April 2011)

High Court (Commercial Court)

DSG International Sourcing Ltd & Anor v Universal Media Corporation (Slovakia) SRO [2011] EWHC 1116 (Comm) (05 May 2011)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd [No 4] [2011] EWHC 1107 (TCC) (19 April 2011)

Source: www.bailii.org

Sharif v Camden London Borough Council – WLR Daily

Posted May 6th, 2011 in families, homelessness, housing, law reports, local government by sally

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 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 5th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Raphael (t/a Orleans), R (on the application of) v Highbury Corner Magistrates Court & Anor [2011] EWCA Civ 462 (20 April 2011)

AS v London Borough of Camden [2011] EWCA Civ 463 (20 April 2011)

High Court (Technology and Construction Court)

Kingfisher Builders v Sear [2011] EWHC 1122 (TCC) (04 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 4th, 2011 in law reports by sally

High Court (Chancery Division)

Eurodis Electron Plc & Ors, Re The Insolvency Act 1986 [2011] EWHC 1025 (Ch) (19 April 2011)

High Court (Patents Court)

Dayco Europe SRL v Gates Unitta Asia Company & Ors [2011] EWHC 99 (Pat) (26 January 2011)

Source: www.bailii.org

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

Posted May 3rd, 2011 in appeals, immigration, law reports by sally

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 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 April 28th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

T v R. [2011] EWCA Crim 729 (25 March 2011)

McEwan, R. v [2011] EWCA Crim 1026 (29 March 2011)

Clarke, R. v [2011] EWCA Crim 939 (01 April 2011)

Sundas, R. v [2011] EWCA Crim 985 (05 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 26th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Bond v Dunster Properties Ltd & Ors [2011] EWCA Civ 455 (21 April 2011)

High Court (Technology and Construction Court)

Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC) (19 April 2011)

Source: www.bailii.org

Redcard Ltd and others v Williams and others – WLR Daily

Posted April 26th, 2011 in appeals, company law, contracts, doctors, law reports by sally

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 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.

British Bankers’ Association v Financial Services Authority and another – WLR Daily

Posted April 26th, 2011 in banking, compensation, financial regulation, insurance, law reports by sally

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 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.

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 21st, 2011 in appeals, disability discrimination, housing, law reports by sally

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 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 (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another – WLR Daily

Posted April 21st, 2011 in appeals, education, law reports by sally

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142

“The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the school. The requirement in regulation 18 that two of the foundation governors should at the time of their appointment be eligible for election or appointment as parent governors was fulfilled by the presence on the existing governing body of two foundation governors who had been so eligible when they were appointed.”

WLR Daily, 14th April 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.

ETK v News Group Newspapers Ltd – WLR Daily

Posted April 21st, 2011 in appeals, children, human rights, injunctions, law reports, privacy by sally

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 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.

Djanogly v Westminster City Council – WLR Daily

Posted April 21st, 2011 in appeals, law reports, motorcycles, parking, road traffic by sally

Djanogly v Westminster City Council [2011] EWCA Civ 432; [2011] WLR (D) 140

“When making a traffic management order a local authority was entitled to see the fair spreading of costs for suitable and adequate parking facilities between motorcyclists and car drivers as a legitimate consideration.”

WLR Daily, 19th April 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 April 20th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Williams & Ors v Redcard Ltd & Ors [2011] EWCA Civ 466 (20 April 2011)

Berezovsky & Anor v Edmiston & Company Ltd [2011] EWCA Civ 431 (19 April 2011)

Finurba Corporate Finance Ltd v Sipp SA & Anor [2011] EWCA Civ 465 (20 April 2011)

Okafor & Ors v Secretary of State for the Home Department [2011] EWCA Civ 499 (20 April 2011)

Vestergaard Frandsen SA ( MVf3 APS) & Ors v Bestnet Europe Ltd & Ors [2011] EWCA Civ 424 (20 April 2011)

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456 (20 April 2011)

Davenport v The City of Westminster [2011] EWCA Civ 458 (19 April 2011)

Buckinghamshire County Council v Royal Borough of Kingston Upon Thames [2011] EWCA Civ 457 (19 April 2011)

High Court (Queen’s Bench Division)

Montgomery v Brown [2011] EWHC 875 (QB) (08 April 2011)

OPQ v BJM & Anor [2011] EWHC 1059 (QB) (20 April 2011)

Henry v News Group Newspapers Ltd (Rev 1) [2011] EWHC 1058 (QB) (20 April 2011)

High Court (Chancery Division)

Hussain & Anor v Wycombe Islamic Mission and Mosque Trust Ltd & Anor [2011] EWHC 971 (Ch) (20 April 2011)

Alliance & Anor v Tishbi & ors [2011] EWHC 1015 (Ch) (20 April 2011)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd. [2011] EWHC 1038 (Ch) (20 April 2011)

The Nottinghamshire and City of Nottingham Fire Authority v Gladman Commercial Properties [2011] EWHC 1918 (Ch) (20 April 2011)

Virgin Enterprises Ltd v Casey [2011] EWHC 1036 (Ch) (20 April 2011)

Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) (20 April 2011)

High Court (Family Division)

X, Y, Z (Minors), Re [2011] EWHC 402 (Fam) (03 March 2011)

High Court (Administrative Court)

British Telecommunications Plc & Anor, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin) (20 April 2011)

Griffin, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 943 (Admin) (20 April 2011)

Ismailaj v The Parole Board of England & Wales & Anor [2011] EWHC 1020 (Admin) (20 April 2011)

British Bankers Association, R (on the application of) v The Financial Services Authority & Anor [2011] EWHC 999 (Admin) (20 April 2011)

High Court (Commercial Court)

Pacific Inter-Link Sdn Bhd v Efko Food Ingredients Ltd. [2011] EWHC 923 (Comm) (13 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 20th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

GJB v R. [2011] EWCA Crim 867 (01 April 2011)

High Court (Administrative Court)

Secerno Ltd & Ors v Oxford Magistrates Court & Anor [2011] EWHC 1009 (Admin) (19 April 2011)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company & Ors (Rev 1) [2011] EWHC 1019 (Comm) (19 April 2011)

Source: www.bailii.org

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

Posted April 20th, 2011 in civil procedure rules, disclosure, evidence, law reports, private hearings by sally

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 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.

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 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.