Category: law reports

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 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.

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Posted March 21st, 2011 in confidentiality, disclosure, injunctions, law reports, Serious Fraud Office by sally

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th 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 March 21st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Haddock, R v [2011] EWCA Crim 303 (07 February 2011)

M, R v [2011] EWCA Crim 648 (18 March 2011)

Takkar v R. [2011] EWCA Crim 646 (18 March 2011)

Attorney Generals Reference No. 73, 75 & 03 of 2010 [2011] EWCA Crim 633 (03 March 2011)

Court of Appeal (Civil Division)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Ors [2011] EWCA Civ 268 (16 March 2011)

High Court (Queen’s Bench Division)

Stevenson & Ors v London Borough of Southwark [2011] EWHC 636 (QB) (18 March 2011)

High Court (Administrative Court)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 637 (Admin) (18 March 2011)

Hall, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 600 (Admin) (18 March 2011)

High Court (Commercial Court)

Mujur Bakat SDN BHD & Anor v Uni. Asia General Insurance Berhad & Ors [2011] EWHC 643 (Comm) (18 March 2011)

Source: www.bailii.org

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Posted March 21st, 2011 in civil procedure rules, immigration, judicial review, law reports, oral hearings by sally

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th 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.

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Posted March 21st, 2011 in declaratory judgment, enforcement, law reports, planning, rights of way by sally

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 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 (Medical Justice) v Secretary of State for the Home Department – WLR Daily

Posted March 21st, 2011 in appeals, civil procedure rules, judicial review, law reports by sally

Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95

“Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. The proper course was either to accept the terms, or to treat them as a refusal of permission and to make a fresh application under section 54(4) to the appropriate appeal court for permission.”

WLR Daily, 16th 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.

Brent London Borough Council v Fuller – WLR Daily

Posted March 21st, 2011 in employment tribunals, law reports, unfair dismissal by sally

Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D)

“It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the proceedings in the employment tribunal. As appellate tribunals and courts were confined to questions of law they ought not, in the absence of an error of law (including perversity), take over the employment tribunal’s role as an ‘industrial jury’ with a fund of relevant and diverse specialist expertise.”

WLR Daily, 15th March 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.

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Posted March 21st, 2011 in conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 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 March 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

M v F & Ors [2011] EWCA Civ 273 (17 March 2011)

High Court (Administrative Court)

Johnson , Re [2011] EWHC 593 (Admin) (17 March 2011)

Q, R (on the application of) v Q Constabulary & Anor [2011] EWHC 592 (Admin) (17 March 2011)

Hinds, R (on the application of) v Blackpool Council [2011] EWHC 591 (Admin) (17 March 2011)

High Court (Chancery Division)

The Lorenz Consultancy Ltd. v Fox-Davies Capital Ltd. [2011] EWHC 574 (Ch) (17 March 2011)

Carey Group Plc & Ors v AIB Group (UK) Plc & Anor (No 2) [2011] EWHC 594 (Ch) (16 March 2011)

High Court (Patents Court)

Gedeon Richter Plc v Bayer Schering Pharma AG [2011] EWHC 583 (Pat) (17 March 2011)

High Court (Queen’s Bench Division) 

The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB) (17 March 2011)

High Court (Technology and Construction Court)

London Borough of Southwark v IBM UK Ltd [2011] EWHC 549 (TCC) (17 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2011 in law reports by sally

Supreme Court

Patmalniece v Secretary of State for Work and Pensions [2011] UKSC 11 (16 March 2011)

Court of Appeal (Criminal Division)

Rose v R. (Rev 1) [2011] EWCA Crim 579 (16 March 2011)

Synnott & Ors, R v [2011] EWCA Crim 578 (16 March 2011)

Court of Appeal (Civil Division)

Mainline Private Hire Ltd v Nolan [2011] EWCA Civ 189 (02 March 2011)

A and D (Children), Re [2011] EWCA Civ 265 (17 March 2011)

Woodland v Stopford & Ors [2011] EWCA Civ 266 (16 March 2011)

Medical Justice, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 269 (16 March 2011)

High Court (Administrative Court)

Arulananthan, R (On the Application Of), Tariff Decision Upon the Application of [2011] EWHC B6 (Admin) (16 March 2011)

High Court (Chancery Division)

ADM Milling Ltd v Twekesbury Town Council & Ors [2011] EWHC 595 (Ch) (16 March 2011)

Carey Group Plc & Ors v AIB Group (UK) Plc & Anor (No 2) [2011] EWHC 594 (Ch) (16 March 2011)

Bleasdale & Anor v Forster [2011] EWHC 596 (Ch) (16 March 2011)

High Court (Queen’s Bench Division)

Noble v Owens [2011] EWHC 534 (QB) (16 March 2011)

High Court (Commercial Court)

Rawlinson & Hunter Trustees SA v Kaupthing Bank HF & Ors [2011] EWHC 566 (Comm) (16 March 2011)

Source: www.bailii.org

Family lawyers face up to challenges ahead – Law Society’s Gazette

Posted March 17th, 2011 in arbitration, consultations, divorce, families, fees, law reports, legal aid, legal profession by sally

“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 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.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 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.

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily

Posted March 17th, 2011 in EC law, food, law reports, sale of goods, VAT by sally

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C‑497/09, C‑499/09, C‑501/09 and C‑502/09); [2011] WLR (D) 87

“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”

WLR Daily, 10th 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.

BAILII: Recent Decisions

Posted March 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011)

High Court (Chancery Division)

MVF3 APS & Ors v Bestnet Europe Ltd & Ors [2011] EWHC 477 (Ch) (07 March 2011)

High Court (Administrative Court)

French, R (on the application of) v The Chief Constable of West Yorkshire Police [2011] EWHC 546 (Admin) (15 March 2011)

High Court (Family Division)

A (a child), Re [2011] EWHC 517 (Fam) (10 March 2011)

Source: www.bailii.org

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted March 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AC, R (on the application of) v Berkshire West Primary Care Trust & Anor [2011] EWCA Civ 247 (11 March 2011)

Vaile v London Borough of Havering [2011] EWCA Civ 246 (11 March 2011)

High Court (Administrative Court)

Angus v United Kingdom Border Agency [2011] EWHC 461 (Admin) (11 March 2011)

Hazelhurst & Ors v Solicitors Regulation Authority [2011] EWHC 462 (Admin) (11 March 2011)

Derwent Holdings Ltd v Trafford Borough Council [2011] EWHC 491 (Admin) (10 March 2011)

High Court (Chancery Division)

Carey Group Plc & Ors v AIB Group (UK) Plc & Anor [2011] EWHC 567 (Ch) (11 March 2011)

Source: www.bailii.org.uk

 

Casteels v British Airways plc – WLR Daily

Posted March 14th, 2011 in EC law, freedom of movement, law reports, pensions, social security by sally
“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

Posted March 14th, 2011 in appeals, competition, law reports, tribunals by sally
“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

Posted March 14th, 2011 in financial advice, law reports, taxation, trusts by sally
“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.