Category: law reports

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

Posted March 14th, 2011 in EC law, environmental protection, jurisdiction, law reports, treaties by sally
“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
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.

BAILII: Recent Decisions

Posted March 11th, 2011 in law reports by sally

Supreme Court

Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10 (9 March 2011)

High Court (Commercial Court)

Essentially Different Ltd v Bank of Scotland Plc [2011] EWHC 475 (Comm) (10 March 2011)

Source: www.bailii.org

Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily

Posted March 11th, 2011 in benefits, citizenship, EC law, law reports by sally

 “A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”

WLR Daily, 10th 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.

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

Posted March 11th, 2011 in debts, disclosure, law reports, surety by sally

“A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know.”

WLR Daily, 10th 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.

Bank of Scotland v Pereira and others – WLR Daily

Posted March 11th, 2011 in appeals, civil procedure rules, default judgments, law reports, setting aside, time limits by sally
“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
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.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

Posted March 11th, 2011 in appeals, deportation, detention, law reports by sally
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
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.

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

Posted March 11th, 2011 in asbestos, causation, law reports, negligence, personal injuries by sally
“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
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.

BAILII: Recent Decisions

Posted March 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Everclear Ltd (BVI) v Agrest & Anor [2011] EWCA Civ 232 (09 March 2011)

Secretary of State for the Home Department v Abdi [2011] EWCA Civ 242 (09 March 2011)

Pitt & Anor v Holt & Anor [2011] EWCA Civ 197 (09 March 2011)

North Shore Ventures Ltd v Anstead Holdings, Inc & Ors [2011] EWCA Civ 230 (09 March 2011)

Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Nunn v Royal Mail Group Ltd [2011] EWCA Civ 244 (10 March 2011)

British Telecommunications Plc v Office of Communications & Anor [2011] EWCA Civ 245 (10 March 2011)

High Court (Queen’s Bench Division)

MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

Jeffers v The Labour Party [2011] EWHC 529 (QB) (10 March 2011)

High Court (Chancery Division)

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2011] EWHC 503 (Ch) (09 March 2011)

White & Ors v Williams & Ors [2011] EWHC 494 (Ch) (10 March 2011)

High Court (Administrative Court)

Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

Rangwani, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 516 (Admin) (9 March 2011)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor [2011] EWHC 519 (Admin) (09 March 2011)

High Court (Commercial Court)

Argo Systems FZE v Liberty Insurance (PTE) & Anor [2011] EWHC 301 (Comm) (21 February 2011)

Telenor East Holding II AS v Altimo Holdings & Investments Ltd & Ors [2011] EWHC B5 (Comm) (01 March 2011)

Camarata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm) (09 March 2011)

Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd [2011] EWHC 484 (Comm) (09 March 2011)

High Court (Technology and Construction Court)

Irvin v Robertson [2010] EWHC 3723 (TCC) (21 December 2010)

Michael Phillips Architects Ltd v Riklin & Anor [2011] EWHC 27 (TCC) (12 January 2011)

Source: www.bailii.org

Ministry of Defence v Wallis and another – WLR Daily

Posted March 10th, 2011 in appeals, employment tribunals, jurisdiction, law reports, sex discrimination, unfair dismissal by sally

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th 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.

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD – WLR Daily

Posted March 10th, 2011 in EC law, law reports, VAT by sally

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75

“The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for motor vehicles, which the taxable dealer himself imported into the European Union under the normal value added tax scheme. Articles 320(1) and (2) of the Directive precluded a national provision which provided for the deferral, until the subsequent supply under the normal value added tax scheme, of the right of the taxable dealer to deduct value added tax paid on importation of goods other than works of art, collectors’ items or antiques. Article 314, the first subparagraph of article 320(1) and article 320(2) of the Directive were directly effective.”

WLR Daily, 9th March 2011

Source: www.lawreports.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.

Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Posted March 10th, 2011 in consultations, EC law, employment, law reports, legal personality, liquidators, redundancy by sally

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011

Source: www.lawreports.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 9th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2011] EWCA Civ 229 (08 March 2011)

Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents [2011] EWCA Civ 228 (08 March 2011)

Ministry of Defence v Wallis & Anor [2011] EWCA Civ 231 (08 March 2011)

High Court (Queen’s Bench Division)

Dunhill v Burgin [2011] EWHC 464 (QB) (07 March 2011)

High Court (Chancery Division)

Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch) (07 March 2011)

Capita ATL Pension Trustees Ltd & Anor v Gellately & Ors [2011] EWHC 485 (Ch) (08 March 2011)

Bleasdale & Anor v Forster [2011] EWHC 416 (Ch) (02 March 2011)

High Court (Administrative Court)

Burke, R (on the application of) v Independent Police Complaints Commission & Ors [2011] EWHC 423 (Admin) (08 March 2011)

Hallett v Director of Public Prosecutions [2011] EWHC 488 (Admin) (08 March 2011)

High Court (Family Division)

T (A Child: Murdered Parent), Re [2011] EWHC B4 (Fam) (08 March 2011)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2011] EWHC 426 (Pat) (07 March 2011)

Source: www.bailii.org

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and other – WLR Daily

Posted March 9th, 2011 in company law, debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73

“A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other assets for current purposes it would amount to a fraud on future or contingent creditors.”

WLR Daily, 8th March 2011

Source: www.lawreports.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.

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Posted March 9th, 2011 in ballots, industrial action, injunctions, law reports, trade unions by sally

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.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 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

BNY Corporate Trustee Services Ltd v Eurosail – UK 2007 – 3bl Plc & Ors [2011] EWCA Civ 227 (07 March 2011)

Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (03 March 2011)

High Court (Queen’s Bench Division)

ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

Source: www.bailii.org

Sousa v Waltham Forest London Borough Council – WLR Daily

Posted March 7th, 2011 in costs, fees, insurance, law reports by sally

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.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 4th, 2011 in law reports by sally

Court of Appeal  (Civil Division)

National Union of Rail, Maritime & Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226 (04 March 2011)

MN (Tanzania), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 193 (04 March 2011)

H v City & County of Swansea & Ors [2011] EWCA Civ 195 (02 March 2011)

RO, R (on the application of) v East Riding of Yorkshire Council & Anor [2011] EWCA Civ 196 (02 March 2011)

Royal Bank of Scotland Plc v Chandra & Anor (Rev 1) [2011] EWCA Civ 192 (02 March 2011)

Court of Appeal (Criminal Division)

Clipston, R [2011] EWCA Crim 446 (04 March 2011)

Clarke, R. v [2011] EWCA Crim 407 (03 March 2011)

High Court (Administrative Court)

Modaresi, R (On the Application Of) v Secretary of State for Health & Ors [2011] EWHC 417 (Admin) (03 March 2011)

Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin) (03 March 2011)

Rencher-Paine v Secretary of State for Communities and Local Government & Anor [2011] EWHC 382 (Admin) (02 March 2011)

High Court (Chancery Division)

Clipper Logistics Group Ltd v Monsoon Accessorize Ltd [2011] EWHC 410 (Ch) (03 March 2011)

Bowling & Co Solicitors v Edehomo [2011] EWHC 393 (Ch) (02 March 2011)

High Court (Commercial Court)

Masri & Anor v Consolidated Contractors International Co Sal & Ors [2011] EWHC 409 (Comm) (03 March 2011)

AXA Seguros, SA De CV v Allianz Insurance Plc (t/a Allianz Global Risks) & Ors [2011] EWHC 268 (Comm) (02 March 2011)

High Court Queen’s Bench Division)

A Child v Cambridge University Hospitals NHS Foundation Trust [2011] EWHC 454 (QB) (04 March 2011)

Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB) (03 March 2011)

Allen v The Grimsby Telegrph & Anor [2011] EWHC 406 (QB) (2 March 2011)

Lord Chancellor v Eddowes Perry and Osbourne Ltd [2011] EWHC 420 (QB) (02 March 2011)

High Court (Technology and Construction Court)

Lansdowne House (St George’s Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

Source: www.bailii.org

Regina v Grout – WLR Daily

Posted March 4th, 2011 in children, drafting, indictments, law reports, sexual offences by sally
“Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity.”
WLR Daily, 3rd March 2011
 
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Posted March 3rd, 2011 in appeals, education, law reports, local government, special educational needs by sally

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

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

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

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

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

Source: www.lawreports.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.