Category: law reports

Jenson and another v Faux – WLR Daily

Posted April 15th, 2011 in building law, defective premises, law reports, statutory duty by sally

Jenson and another v Faux [2011] EWCA Civ 423;  [2011] WLR (D)  133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

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.

Baker v Quantum Clothing Group Ltd and others – WLR Daily

Posted April 15th, 2011 in health & safety, law reports, noise, statutory duty by sally

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17;  [2011] WLR (D)  132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

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.

Jones v First-tier Tribunal – WLR Daily

Posted April 14th, 2011 in appeals, compensation, criminal injuries compensation, grievous bodily harm, law reports by sally

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th 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.

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV – WLR Daily

Posted April 14th, 2011 in customs and excise, EC law, law reports by sally

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV (Case C-153/10); [2011] WLR (D) 130

“A person who made customs declarations in his own name and on his own behalf could not rely on a binding tariff information of which he was not the holder, but which associated company on whose instructions he made those declarations. A person could, however, in proceedings relating to the imposition of customs duties, challenge the imposition of duties by submitting as evidence a binding tariff information issued in another member state.”

WLR Daily, 7th 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 14th, 2011 in law reports by sally

Supreme Court

Baker v Quantum Clothing Group Ltd & Ors (Ver 2) [2011] UKSC 17 (6 April 2011)

Court of Appeal (Civil Division)

Jenson & Anor v Faux [2011] EWCA Civ 423 (13 April 2011)

Garratt v Mirror Group Newspapers Ltd [2011] EWCA Civ 425 (13 April 2011)

Secretary of State for the Foreign Office & Commonwealth Affairs v Maftah & Anor [2011] EWCA Civ 350 (13 April 2011)

Corporation of the Hall of Arts and Sciences v The Albert Court Residents’ Association [2011] EWCA Civ 430 (13 April 2011)

RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011)

St Andrew’s Catholic Primary School v Blundell [2011] EWCA Civ 427 (13 April 2011)

High Court (Chancery Division)

Wahab v Khan & Ors [2011] EWHC 908 (Ch) (12 April 2011)

Milsom & Ors v Ablyazov [2011] EWHC 955 (Ch) (08 April 2011)

Larsen & Anor (Foreign Representatives of Atlas Bulk Shipping AS) & Anor v Navios International Inc [2011] EWHC 878 (Ch) (13 April 2011)

High Court (Technology and Construction Court)

PC Harrington Contractors Ltd v Tyroddy Construction Ltd [2011] EWHC 813 (TCC) (25 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 13th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Tedjame- Mortty, R. v [2011] EWCA Crim B1 (05 April 2011)

Court of Appeal (Civil Division)

Jones v First Tier Tribunal (Social Entitlement Chamber) [2011] EWCA Civ 400 (12 April 2011)

Macpherson v Wise [2011] EWCA Civ 399 (12 April 2011)

Court of Appeal (Administrative Court)

Rahman, R (on the application of) v Birmingham City Council [2011] EWHC 944 (Admin) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 12th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Yeganeh v Zurich Plc & Anor [2011] EWCA Civ 398 (11 April 2011)

Ambrosiadou v Coward [2011] EWCA Civ 409 (12 April 2011)

Murphy v Wyatt [2011] EWCA Civ 408 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 405 (12 April 2011)

Knight Frank LLP v Du Haney [2011] EWCA Civ 404 (12 April 2011)

Revenue & Customs v Mayes [2011] EWCA Civ 407 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 406 (12 April 2011)

High Court (Chancery Division)

Idessa (UK) Ltd, Re [2011] EWHC 804 (Ch) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Seeff & Anor v Ho & Anor [2011] EWCA Civ 401 (11 April 2011)

High Court (Chancery Division)

Wincanton Group Ltd v Garbe Logistics UK 1 SARL & Anor [2011] EWHC 905 (Ch) (11 April 2011)

High Court (Commercial Court)

Dhabi v Sd Marine Services [2011] EWHC 848 (Comm) (11 April 2011)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Posted April 11th, 2011 in human rights, judicial review, law reports, sponsored immigrants by sally

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th 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.

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton – WLR Daily

Posted April 11th, 2011 in EC law, examinations, freedom of movement, law reports by sally

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton (Case C-424/09); [2011] WLR (D) 128

“The mechanisms for the recognition of higher education diplomas pursuant to article 3(b) of Council Directive 89/48/EEC, as amended, were applicable where the profession at issue was a regulated professional activity within the meaning of the second sub-paragraph of article 1(d) of the Directive in the member state of origin, irrespective of whether the person concerned was or was not a full member of the professional association or organisation concerned. In order for professional experience to be taken into account for the purposes of recognition under article 3(b) certain specific conditions had to be satisfied.”

WLR Daily, 5th 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 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Merck Sharp & Dohme Corp v Teva UK Ltd [2011] EWCA Civ 382 (08 April 2011)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2011] EWHC 876 (QB) (08 April 2011)

The Legal Services Commission v F & Ors [2011] EWHC 899 (QB) (08 April 2011)

High Court (Chancery Division)

Moria & Anor v Bednash [2011] EWHC 839 (Ch) (08 April 2011)

Batt v Royal Mail [2011] EWHC 900 (Ch) (08 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin) (07 April 2011)

Coleiro v The Court of Magistrates, Malta [2011] EWHC 873 (Admin) (08 April 2011)

Crosbie v Secretary of State for Defence [2011] EWHC 879 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

Zodiac Training Ltd v Third Eye Technologies Ltd & Anor [2011] EWHC 881 (TCC) (08 April 2011)

High Court (Commercial Court)

Milan Nigeria Ltd v Angeliki B Maritime Company [2011] EWHC 892 (Comm) (08 April 2011)

Amalgamated Metal Corporation Plc v Wragge & Co (A Firm) & Anor [2011] EWHC 887 (Comm) (08 April 2011)

Source: www.bailii.org

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique – WLR Daily

Posted April 8th, 2011 in EC law, freedom of movement, law reports by sally

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Case C-119/09); [2011] WLR (D) 127

“National legislation totally prohibiting the members of a regulated profession from engaging in canvassing was contrary to article 24(1) of European Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ 2006 L 376, p 36).”

WLR Daily, 5th 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.

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Posted April 8th, 2011 in charterparties, indemnities, law reports, Scotland, shareholders, subsidiary companies by sally

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th 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 8th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Davies, R v [2011] EWCA Crim 871 (07 April 2011)

Court of Appeal (Civil Division)

Worsdell v Golledge & Anor [2011] EWCA Civ 364 (07 April 2011)

Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

High Court (Administrative Court)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) (07 April 2011)

Source: www.bailii.org

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Posted April 7th, 2011 in appeals, dispute resolution, homelessness, housing, law reports, local government by sally

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna – WLR Daily

Posted April 7th, 2011 in customs and excise, EC law, interest, law reports by sally

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Case C-546/09); [2011] WLR (D) 123

“Interest on arrears in relation to customs duties still to be recovered could only be charged pursuant to article 232(1)(b) of Regulation 2913/92, as amended, in respect of the period falling after the deadline by which those duties were to be paid.”

WLR Daily, 31st March 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 April 7th, 2011 in law reports by sally

Supreme Court

Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council [2011] UKSC 15 (6 April 2011)

Farstad Supply AS v Enviroco Ltd [2011] UKSC 16 (6 April 2011)

Court of Appeal (Civil Division)

MP (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 362 (06 April 2011)

Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

High Court (Administrative Court)

Young, R (on the application of) v Governor of Her Majesty’s Prison Highdown & Anor [2011] EWHC 867 (Admin) (06 April 2011)

High Court (Commercial Court)

West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 (Comm) (06 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Makisi v Birmingham City Council [2011] EWCA Civ 355 (31 March 2011)

BM v Secretary of State for the Home Department [2011] EWCA Civ 366 (05 April 2011)

High Court (Queen’s Bench Division)

Le Breton v Petrpodel Resources Ltd [2011] EWHC 769 (QB) (01 April 2011)

High Court (Chancery Division)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 843 (Ch) (05 April 2011)

High Court (Administrative Court)

Panesar (t/a Anami Law), R (on the application of) v Crown Prosecution Service & Anor [2011] EWHC 842 (Admin) (05 April 2011)

High Court (Commercial Court)

Global 5000 Ltd v Wadhawan [2011] EWHC 853 (Comm) (05 April 2011)

Source: www.bailii.org

Ing Bank NV v Ros Roca SA – WLR Daily

Posted April 5th, 2011 in appeals, banking, estoppel, fees, law reports by sally

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 2011

Source: www.lawreports.co.uk

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

Schröder v Finanzamt Hameln – WLR Daily

Posted April 5th, 2011 in EC law, freedom of movement, law reports, rent, taxation by sally

Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121

“National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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