law reports – Page 213 – Current Awareness

“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”

WLR Daily, 11th 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 (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by sally

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th 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 (Adams) v Secretary of State for Justice (JUSTICE and another intervening)- WLR Daily

Posted May 13th, 2011 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Adams) v Secretary of State for Justice (JUSTICE and another intervening); In re MacDermott’s and McCartney’s Applications for Judicial Review (JUSTICE intervening) [2011] UKSC 18; [2011] WLR (D) 155

“A miscarriage of justice, within the meaning of section 133 of the Criminal Justice Act 1988, occurred where a new fact so undermined the evidence against the defendant that no conviction could possibly be based upon it.”

WLR Daily, 11th 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

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners – WLR Daily

Posted May 13th, 2011 in appeals, capital allowances, corporation tax, law reports, loans, partnerships by sally

Tower MCashback LLP 1 and another v Revenue and Customs Commissioners [2011] UKSC 19; [2011] WLR (D) 154

“At the hearing of a taxpayer’s appeal against a closure notice determining an inquiry into a limited liability partnership’s tax return, the revenue was not confined to relying on the precise reasons for the decision given by the investigating officer in his closure notice.”

WLR Daily, 11th 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

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

Posted May 12th, 2011 in citizenship, EC law, freedom of movement, law reports by sally

McCarthy v Secretary of State for the Home Department (Case C-434/09); [2011] WLR (D) 153

“Parliament and Council Directive 2004/38/EC was not applicable to a European Union citizen who had never exercised their right of free movement, who had always resided in a member state of which they were a national and who was also a national of another member state. Article 21FEU of the FEU Treaty was likewise not applicable to a European Union citizen in such circumstances provided the situation of that citizen did not include the application of measures by a member state that would have the effect of depriving them of the genuine enjoyment of the substance of the rights conferred by virtue of their status as a Union citizen.”

WLR Daily, 5th 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 12th, 2011 in law reports by sally

Supreme Court

Adams, R (on the application of) v Secretary of State for Justice [2011] UKSC 18 (11 May 2011)

Revenue & Customs v Tower MCashback LLP 1 & Anor [2011] UKSC 19 (11 May 2011)

Court of Appeal (Criminal Division)

Zejmowicz & Anor, R. v [2011] EWCA Crim 1173 (11 May 2011)

Nicholas & Anor v R. [2011] EWCA Crim 1175 (11 May 2011)

Court of Appeal (Civil Division)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 544 (11 May 2011)

Helden v Strathmore Ltd [2011] EWCA Civ 542 (11 May 2011)

Systemcare (UK) Ltd v (Services Design Technology Ltd & Anor (Rev 1) [2011] EWCA Civ 546 (11 May 2011)

Nassery, R (on the application of) v London Borough of Brent [2011] EWCA Civ 539 (11 May 2011)

Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 (11 May 2011)

Wardle v Credit Agricole Corporate and Investment Bank [2011] EWCA Civ 545 (11 May 2011)

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 1184 (Ch) (11 May 2011)

High Court (Family Division)

X, Y, and Z & Anor v A Local Authority [2011] EWHC 1157 (Fam) (11 May 2011)

R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

High Court (Administrative Court)

HH, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 1145 (Admin) (11 May 2011)

High Court (Patents Court)

Schutz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1173 (Pat) (05 May 2011)

Source: www.bailii.org

Regina (G) v Lambeth London Borough Council and another – WLR Daily

Posted May 11th, 2011 in children, housing, law reports, local government, social services by sally

Regina (G) v Lambeth London Borough Council and another [2011] EWCA Civ 526; [2011] WLR (D) 152

“Accommodation ostensibly provided to a child aged 16 to 17 by a council as a local housing authority was to be deemed to be accommodation provided by it as a children’s services authority where the child met the criteria of a ‘child in need’ within section 17(10) of the Children Act 1989 and the actions of a social worker working for the council in a different team could properly be imputed to the social services division. Consequently on reaching adulthood that person became a ‘former relevant child’ within section 23C(1) of the 1989 Act, as inserted, and was owed the duties set out in that section.”

WLR Daily, 6th 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 Bajwa and others – WLR Daily

Posted May 11th, 2011 in appeals, confiscation, counterfeiting, customs and excise, law reports, proceeds of crime by sally

Regina v Bajwa and others [2011] EWCA Crim 1093; [2011] WLR (D) 151

“In assessing, for the purposes of imposing a confiscation order, whether a defendant had a criminal lifestyle the question of whether the offence had been committed over a period of at least six months related to each particular defendant’s part in the offence.”

WLR Daily, 6th 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.

In re Rodenstock GmbH – WLR Daily

Posted May 11th, 2011 in foreign companies, jurisdiction, law reports, schemes of arrangement by sally

In re Rodenstock GmbH [2011] EWHC 1104; [2011] WLR (D) 150

“Neither Council Regulation (EC) No 3046/2000 on insolvency proceedings (‘the Insolvency Regulation’) nor Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’) had narrowed the court’s jurisdiction in relation to the sanctioning of schemes of arrangement, by impacting restrictively on the circumstances when a company was ‘liable to be wound up’.”

WLR Daily, 6th 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 11th, 2011 in law reports by sally

High Court (Family Division)

N (a Child), Re [2011] EWCA 1156 (Fam) (10 May 2011)

High Court (Administrative Court)

Hackett v Crown Prosecution Service & Anor [2011] EWHC 1170 (Admin) (10 May 2011)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 1136 (Comm) (10 May 2011)

Berezovsky v Abramovich [2011] EWHC 1143 (Comm) (06 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 10th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

W, R. v [2011] EWCA Crim 1142 (05 May 2011)

High Court (Queen’s Bench Division)

Cook v Telegraph Media Group Ltd [2011] EWHC 1134 (QB) (09 May 2011)

MS v Lincolnshire County Council [2011] EWHC 1032 (QB) (05 May 2011)

High Court (Chancery Division)

Withers LLP v Rybak & Ors [2011] EWHC 1151 (Ch) (09 May 2011)

High Court (Technology and Construction Court)

Renwick & Anor v Simon and Michael Brooke Architects & Ors [2011] EWHC 874 (TCC) (05 May 2011)

High Court (Commercial Court)

TTMI SARL v Statoil ASA [2011] EWHC 1150 (Comm) (09 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 9th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Bajwa & Ors, R v [2011] EWCA Crim 1093 (06 May 2011)

Court of Appeal (Civil Division)

TG, R (on the application of) v London Borough of Lambeth [2011] EWCA Civ 526 (06 May 2011)

C (A Child), Re [2011] EWCA Civ 521 (06 May 2011)

High Court (Queen’s Bench Division)

Potts v Densley & Anor [2011] EWHC 1144 (QB) (06 May 2011)

Bacon v Automattic Inc & Ors [2011] EWHC 1072 (QB) (06 May 2011)

High Court (Chancery Division)

Suggitt v Suggitt & Anor [2011] EWHC 903 (Ch) (20 April 2011)

Rodenstock GmbH (The “Scheme Company”), Re [2011] EWHC 1104 (Ch) (06 May 2011)

Oliver & Anor v Symons & Anor [2011] EWHC B9 (Ch) (14 April 2011)

Brown & Anor v Button & Ors [2011] EWHC 1034 (Ch) (04 May 2011)

Peoples Phone Ltd v Nicolaou [2011] EWHC 1129 (Ch) (06 May 2011)

High Court (Administrative Court)

Saverymuttu v The General Medical Council [2011] EWHC 1139 (Admin) (06 May 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Company SAL & Ors [2011] EWHC 1024 (Comm) (05 May 2011)

MMP GmbH v Antal International Network Ltd [2011] EWHC 1120 (Comm) (06 May 2011)

Source: www.bailii.org

RK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted May 9th, 2011 in asylum, law reports by sally

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456; [2011] WLR (D) 147

“There was no general rule to the effect that any returned asylum seeker who would be in a position to avoid risk of persecution only by falsely claiming to support the regime in his home country would be entitled to asylum; rather, it was necessary to make a close examination of the particular circumstances of the individual, as each case would turn on its own facts.”

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.

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