Category: law reports

BAILII: Recent Decisions

Posted February 2nd, 2011 in law reports by sally

Supreme Court

Global Process Systems Inc & Anor v Berhad [2011] UKSC 5 (1 February 2011)

ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011)

Court of Appeal (Criminal Division)

Steed v R. [2011] EWCA Crim 75 (01 February 2011)

Barclay & Ors v R. [2011] EWCA Crim 32 (01 February 2011)

Hereworth v R. [2011] EWCA Crim 74 (01 February 2011)

Welsh v R. [2011] EWCA Crim 73 (01 February 2011)

Court of Appeal (Civil Division)

D’ Silva v Manchester Metropolitan University [2011] EWCA Civ 36 (01 February 2011)

FZ, R (on the application of) v London Borough of Croydon [2011] EWCA Civ 59 (01 February 2011)

Orr v Milton Keynes Council [2011] EWCA Civ 62 (01 February 2011)

Campbell & Anor v Banks & Ors [2011] EWCA Civ 61 (01 February 2011)

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42 (31 January 2011)

French v Entry Clearance Officer Kingston [2011] EWCA Civ 35 (31 January 2011)

Fortis Bank SA/NV & Anor v Indian Overseas Bank [2011] EWCA Civ 58 (31 January 2011)

High Court (Chancery Division)

Looney v Trafigura Beheer BV [2011] EWHC 125 (Ch) (01 February 2011)

Re Digital Satellite Warranty Cover Ltd & Ors [2011] EWHC 122 (Ch) (31 January 2011)

Re Digital Satellite Warranty Cover Ltd & Ors [2011] EWHC 122 (Ch) (31 January 2011)

High Court (Queen’s Bench Division)

Wilson & Anor v MF Global UK Ltd & Anor [2011] EWHC 138 (QB) (01 February 2011)

High Court (Administrative Court)

Garner & Ors v Elmbridge Borough Council & Ors [2011] EWHC 86 (Admin) (31 January 2011)

High Court (Family Division)

CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

High Court (Technology and Construction Court)

AES-3C Maritza East 1 Eood v Crédit Agricole Corporate and Investment Bank & Anor [2011] EWHC 123 (TCC) (31 January 2011)

High Court (Commercial Court)

Ispat Indurstries Ltd v Western Bulk PTE.Ltd [2011] EWHC 93 (Comm) (31 January 2011)

Source: www.bailii.org

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted February 2nd, 2011 in financial regulation, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others [2011] EWHC 122 (Ch); [2011] WLR (D) 28

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within para (b) of class 16 Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 1st February 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.

JIH v News Group Newspapers Ltd – WLR Daily

Posted February 2nd, 2011 in anonymity, freedom of expression, human rights, law reports, public interest, reporting restrictions by sally

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 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.

Jones v Jones – WLR Daily

Posted February 1st, 2011 in divorce, financial provision, law reports by sally

Jones v Jones [2011] EWCA Civ 41; [2011] WLR (D) 26

“Even if an earning capacity might also sometimes be relevant to a fair distribution of the assets pursuant to the sharing principle, it did not follow that the earning capacity should itself be treated as one of those assets, still less that an attempt should be made to capitalise it.”

WLR Daily, 31st January 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.

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) – WLR Daily

Posted February 1st, 2011 in banking, damages, law reports, negligence, solicitors, ultra vires by sally

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) [2011] EWCA Civ 33; [2011] WLR (D) 25

“A firm of solicitors which erroneously advised a bank that municipalities would not be acting ultra vires if they entered into a swap arrangement with the bank was not liable for the losses resulting from the municipalities’ inability to make restitution once the void nature of the swap agreement came to light. Despite their negligence in relation to the vires of the municipalities, the solicitors had taken no responsibility for their creditworthiness or good faith or for the fact that the bank could not lawfully obtain execution against them when they defaulted on the arrangement.”

WLR Daily, 31st January 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.

Daejan Investments Ltd v Benson and Others – WLR Daily

Posted February 1st, 2011 in covenants, landlord & tenant, law reports, service charges by sally

Daejan Investments Ltd v Benson and Others [2011] EWCA Civ 38; [2011] WLR (D) 24

“The proper exercise of the discretion in section 20ZA of the Landlord and Tenant Act 1985 (as inserted) to dispense with the requirement of consultation laid down in the Service Charges (Consultation Requirements) (England) Regulations 2003 did not depend on financial consequences for the landlord or tenant of granting or refusing such a dispensation.”

WLR Daily, 31st January 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.

BAILII: Recent Decisions

Posted January 31st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Goldstone v Goldstone & Ors [2011] EWCA Civ 39 (28 January 2011)

High Court (Queen’s Bench Division)

Wallis & Anor v Meredith [2011] EWHC 75 (QB) (28 January 2011)

Irish Response Ltd v Direct Beauty Products Ltd & Anor [2011] EWHC 37 (QB) (21 January 2011)

High Court (Administrative Court)

AO, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 110 (Admin) (28 January 2011)

High Court (Commercial Court)

Teal Assurance Company Ltd v W R Berkley Insurance (Europe) Ltd & Anor [2011] EWHC 91 (Comm) (31 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Jones v Jones [2011] EWCA Civ 41 (28 January 2011)

Hope and Glory Public House Ltd, R (on the application of) v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31 (26 January 2011)

High Court (Administrative Court)

Shah v General Pharmaceutical Council [2011] EWHC 73 (Admin) (28 January 2011)

Jones v Director of Public Prosecutions [2011] EWHC 50 (Admin) (27 January 2011)

Oadby Hilltop and Meadowcroft Conservation Area Association & Anor, R (on the application of) v Oadby and Wigston Borough Council & Anor [2011] EWHC 60 (Admin) (21 January 2011)

High Court (Chancery Division)

Carpenter & Ors v Calico Quays Ltd & Anor [2011] EWHC 96 (Ch) (27 January 2011)

High Court (Queen’s Bench Division)

Raymond Stevenson Lucia Hinton Michael Taylor v London Borough of Southwark [2011] EWHC 108 (QB) (28 January 2011)

High Court (Technology and Construction Court)

McCain Foods Gb Ltd v Eco-Tec (Europe) Ltd [2011] EWHC 66 (TCC) (27 January 2011)

The Halo Trust v Secretary of State for International Development [2011] EWHC 87 (TCC) (27 January 2011)

Source: www.bailii.org

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) – WLR Daily

Posted January 28th, 2011 in insurance, law reports, piracy, shipping law by sally

Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23

“A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do.”

WLR Daily, 27th January 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.

Regina v Hoath; Regina v Standage – WLR Daily

Posted January 28th, 2011 in appeals, criminal procedure, law reports, sentencing, sexual offences prevention orders by sally

Regina v Hoath; Regina v Standage [2011] WLR (D) 22

“Where a defendant had been given a statutory right of appeal against a refusal to vary a sexual offences prevention order the Court of Appeal, Criminal Division was not precluded from exercising its normal powers on an appeal where there was no express statutory power to make an order on the appeal.”

WLR Daily, 27th January 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.

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) – WLR Daily

Posted January 28th, 2011 in champerty, costs, indemnities, law reports by sally

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21

“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”

WLR Daily, 26th January 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.

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Posted January 28th, 2011 in appeals, human rights, law reports, licensed premises, licensing, magistrates by sally

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 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.

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Posted January 28th, 2011 in disclosure, fees, freedom of information, law reports by sally

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th January 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.

Yemshaw v Hounslow London Borough Council – WLR Daily

Posted January 28th, 2011 in domestic violence, homelessness, law reports, matrimonial home by sally

Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18

 ” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.”

WLR Daily, 26th January 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.

Ex parte MGN Ltd and others – WLR Daily

Posted January 28th, 2011 in contempt of court, law reports, reporting restrictions, witnesses by sally

Ex parte MGN Ltd and others [2011] WLR (D) 17

“It was rarely appropriate to impose blanket reporting restrictions under section 4(2) of the Contempt of Court Act 1981 for the purpose of ameliorating the disadvantages of giving evidence and minimising the burdens faced by witnesses in criminal trials. The protection of witnesses was more appropriately provided for by the provisions of section 39 of the Children and Young Persons Act 1933 and sections 22–30 of the Youth Justice and Criminal Evidence Act 1999.”

WLR Daily, 26th January 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.

Ashford Borough Council v Barratt and another – WLR Daily

Posted January 28th, 2011 in change of name, law reports, listed buildings, planning by sally

“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”

WLR Daily, 26th January 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.

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted January 28th, 2011 in citizens advice bureaux, disability discrimination, EC law, law reports, volunteers by sally

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) [2011] EWCA Civ 28; [2011] WLR (D) 15

“A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/EEC (‘the Framework Directive’) to sustain an action for discrimination. Although voluntary posts like that held by the claimant might assist the holder to gain a permanent paid post, that was not the purpose of having volunteer workers, most of whom had no wish to join the permanent staff. The volunteer post was not to be treated as a form of vocational training subject to article 3(1)(c) of the Framework Directive.”

WLR Daily, 26th January 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.

BAILII: Recent Decisions

Posted January 27th, 2011 in law reports by sally

Supreme Court

Yemshaw v London Borough of Hounslow [2011] UKSC 3 (26 January 2011)

Court of Appeal (Criminal Division)

Shutt, R. v [2010] EWCA Crim 3033 (10 December 2010)

Court of Appeal (Civil Division)

Boh Ltd & Anor v Eastern Power Networks Plc [2011] EWCA Civ 19 (26 January 2011)

JD & Ors v City & County of Swansea & Anor [2011] EWCA Civ 34 (26 January 2011)

X v Mid Sussex Citizens Advice Bureau & Ors [2011] EWCA Civ 28 (26 January 2011)

Masefield AG v Amlin Corporate Member Ltd & Anor [2011] EWCA Civ 24 (26 January 2011)

Hope and Glory Public House Ltd, R (on the application of) v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31 (26 January 2011)

Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council [2011] EWCA Civ 20 (26 January 2011)

High Court (Queen’s Bench Division)

Ahmad v London Borough of Brent & Ors [2011] EWHC 80 (QB) (26 January 2011)

Shergill v Purewal & Anor [2010] EWHC 3610 (QB) (15 December 2010)

High Court (Technology and Construction Court)

CN Associates (A Firm) v Holbeton Ltd [2011] EWHC 43 (TCC) (26 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 26th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Wilson, R v [2011] EWCA Crim 16 (25 January 2011)

Earle v R. [2011] EWCA Crim 17 (25 January 2011)

Court of Appeal (Civil Division)

TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)

Sibthorpe & Anor v London Borough of Southwark [2011] EWCA Civ 25 (25 January 2011)

Barratt & Anor v Ashford Borough Council [2011] EWCA Civ 27 (25 January 2011)

High Court (Chancery Division)

McCullough v Armstrong [2011] EWHC 67 (Ch) (21 January 2011)

Clark & Anor, R. v [2011] EWCA Crim 15 (25 January 2011)

Source: www.bailii.org

Tesler v Government of the United States of America – WLR Daily

Posted January 26th, 2011 in extradition, joint enterprise, law reports by sally

Tesler v Government of the United States of America [2011] EWHC 52 (Admin); [2011] WLR (D) 14

“The requirement in s 137(2)(a) of the Extradition Act 2003 for conduct to have occurred in a category 2 territory in order to constitute an extradition offence in relation to that territory was capable of being satisfied by acts performed entirely outside the territory where the perpetrator was participating in a joint enterprise with another person in the territory an object of which was to benefit that other person.”

WLR Daily, 25th January 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.