Category: law reports

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Posted November 5th, 2010 in arbitration, enforcement, jurisdiction, law reports, Pakistan by sally

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 2010

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.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Posted November 5th, 2010 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th November 2010

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.

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Posted November 5th, 2010 in assignment, contracts, copyright, law reports, news by sally

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd November 2010

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 F and M – WLR Daily

Posted November 5th, 2010 in delay, Iraq, law reports, orders in council, sanctions, United Nations by sally

Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276

“An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence.”

WLR Daily, 3rd November 2010

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 November 4th, 2010 in law reports by sally

Supreme Court

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46 (03 November 2010)

Manchester City Council v Pinnock [2010] UKSC 45 (03 November 2010)

Court of Appeal (Civil Division)

Malone & Ors v British Airways Plc [2010] EWCA Civ 1225 (03 November 2010)

High Court (Queen’s Bench Division)

Withers LLP v Harrison [2010] EWHC 2769 (QB) (03 November 2010)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor [2010] EWHC 2747 (Ch) (29 October 2010)

Source: www.bailii.org

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted November 4th, 2010 in budgets, community care, disabled persons, law reports, local government by sally

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

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 Williams (Jason John) – WLR Daily

Posted November 4th, 2010 in accidents, criminal responsibility, law reports, road traffic offences, statutory interpretation, uninsured drivers by sally

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd November 2010

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 November 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Williams, R. v [2010] EWCA Crim 2552 (02 November 2010)

Court of Appeal (Civil Division)

Chadwick v Hollingsworth [2010] EWCA Civ 1210 (02 November 2010)

Crosstown Music Company 1 LLC v Rive Droite Music Ltd & Ors [2010] EWCA Civ 1222 (02 November 2010)

High Court (Queen’s Bench Division)

McLaughlin & Ors v London Borough of Lambeth & Anor [2010] EWHC 2726 (QB) (02 November 2010)

Chadwick v Hollingsworth (No. 2) [2010] EWHC 2718 (QB) (02 November 2010)

High Court (Administrative Court)

Rawnsley, R (on the application of) v The Parole Board for England and Wales [2010] EWHC 2689 (Admin) (29 October 2010)

English, R (on the application of) v East Staffordshire Borough Council & Anor [2010] EWHC 2744 (Admin) (02 November 2010)

Tate & Lyle Industries Ltd & Anor, R. (On the application of) v Secretary of State for Energy and Climate Change & Anor [2010] EWHC 2752 (Admin) (02 November 2010)

Source: www.bailii.org

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

Posted November 3rd, 2010 in accounts, auditors, confidentiality, human rights, law reports, local government by sally

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd November 2010

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.

White v Davenham Trust Ltd – WLR Daily

Posted November 3rd, 2010 in bankruptcy, debts, guarantees, law reports by sally

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2010] WLR (D) 272

“The mere existence of a secured remedy against another party was not a substantial ground for refusing to allow a creditor to pursue a remedy in bankruptcy against a surety.”

WLR Daily, 2nd November 2010

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 November 2nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Springwell Navigation Corporation v JP Morgan Chase Bank & Ors [2010] EWCA Civ 1221 (01 November 2010)

High Court (Queen’s Bench Division)

Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank) [2010] EWHC 2755 (QB) (01 November 2010)

Gulf International Bank v Al Ittefaq Steel Products Co & Ors [2010] EWHC 2601 (QB) (20 September 2010)

High Court (Chancery Division)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749 (Ch) (01 November 2010)

High Court (Administrative Court)

General Pharmaceutical Council, R (on the application of) v Ramos [2010] EWHC 2693 (Admin) (18 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

F, R v [2010] EWCA Crim 2243 (17 September 2010)

Court of Appeal (Civil Division)

Clarke & Ors v Get Training Ltd [2010] EWCA Civ 1213 (29 October 2010)

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors [2010] EWCA Civ 1214 (29 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 29th, 2010 in law reports by sally

High Court (Administrative Court)

Booker, R (on the application of) v NHS Oldham & Anor [2010] EWHC 2593 (Admin) (28 October 2010)

High Court (Family Division)

A Local Authority v DL & Ors [2010] EWHC 2675 (Fam) (25 October 2010)

G v B [2010] EWHC 2630 (Fam) (25 October 2010)

Source: www.bailii.org

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR daily

Posted October 29th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others  [2010] UKSC 44; [2010] WLR(D) 270 

“Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute between the parties as to the proper meaning of a clause in the agreement.”

WLR Daily, 29th October 2010

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 October 28th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Harding, R. v [2010] EWCA Crim 2145 (03 September 2010)

Gripton, R. v [2010] EWCA Crim 2260 (21 September 2010)

Zulhayir, R. v [2010] EWCA Crim 2272 (28 September 2010)

Court of Appeal (Civil Division)

Savva, R (on the application of) v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1209 (28 October 2010)

Patel & Anor v K&J Restaurants Ltd & Anor [2010] EWCA Civ 1211 (28 October 2010)

High Court (Family Division)

A and B (One parent killed by the other – Guidance), Re [2010] EWHC B25 (Fam) (07 September 2010)

High Court (Administrative Court)

Parasiliti- Mollica v Prosecutor General (Court of Appeal of Reggio Calabria, Italy) [2010] EWHC 2722 (Admin) (28 October 2010)

Ficuta v Trial Court of Piatra Neamt (A Romanian Judicial Authority) [2010] EWHC 2644 (Admin) (22 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 28th, 2010 in law reports by sally

Supreme Court

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2010] UKSC 44 (27 October 2010)

Court of Appeal (Civil Division)

Jacobs v Motor Insurers Bureau [2010] EWCA Civ 1208 (27 October 2010)

Robson v Robson [2010] EWCA Civ 1171 (27 October 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWCA Civ 1172 (27 October 2010)

Cartwright v King’s College, London [2010] EWCA Civ 1146 (27 October 2010)

Brink’s Global Services Inc & Ors v Igrox Ltd & Anor [2010] EWCA Civ 1207 (27 October 2010)

High Court (Administrative Court)

Bewry, R (on the application of) v Norfolk County Council [2010] EWHC 2545 (Admin) (06 October 2010)

High Court (Family Division)

Martin v Martin [2010] EWHC 2667 (Fam) (22 October 2010)

High Court (Commercial Court)

Marex Financial Ltd v Fluxo-Cane Overseas Ltd & Anor [2010] EWHC 2690 (Comm) (27 October 2010)

Source: www.bailii.org

Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily

Posted October 27th, 2010 in civil procedure rules, law reports, limitations, negligence, service by sally

Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269

“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”

WLR Daily, 26th October 2010

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.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Posted October 27th, 2010 in human rights, law reports, legal representation, police interviews, Scotland, self-incrimination by sally

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

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 October 27th, 2010 in law reports by sally

Supreme Court

Cadder v Her Majesty’s Advocate (Scotland) [2010] UKSC 43 (26 October 2010)

Court of Appeal (Criminal Division)

Constantine, R. v [2010] EWCA Crim 2406 (26 October 2010)

T, R. v [2010] EWCA Crim 2439 (26 October 2010)

Wakeling, R. v [2010] EWCA Crim 2210 (15 September 2010)

Qayum, R. v [2010] EWCA Crim 2237 (16 September 2010)

Cooper, R. v [2010] EWCA Crim 2335 (20 September 2010)

Nuthoo, R. v [2010] EWCA Crim 2383 (05 October 2010)

Court of Appeal (Civil Division)

Various Claimants v The Catholic Child Welfare Society & Ors [2010] EWCA Civ 1106 (26 October 2010)

High Court (Queen’s Bench Division)

Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors [2010] EWHC 2349 (QB) (25 October 2010)

Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

High Court (Administrative Court)

Alvi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2666 (Admin) (25 October 2010)

Gdansk Regional Court (Polish Judicial Authority) v Ulatowski [2010] EWHC 2673 (Admin) (26 October 2010)

Booker, R (on the application of) v NHS Oldham [2010] EWHC 2593 (Admin) (28 October 2010)

TS, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2614 (Admin) (26 October 2010)

Omoregbee, R (on the application of) v The Secretary of State for Justice [2010] EWHC 2658 (Admin) (22 October 2010)

High Court (Commercial Court)

Greene Wood McLean Llp v Templeton Insurance Ltd [2010] EWHC 2679 (Comm) (26 October 2010)

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] EWHC 2661

Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm) (26 October 2010)

High Court (Technology and Construction Court)

Kaye v Lawrence [2010] EWHC 2678 (TCC) (26 October 2010)

Source: www.bailii.org

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court – WLR Daily

Posted October 26th, 2010 in law reports, magistrates, offensive weapons, prosecutions by sally

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court [2010] WLR(D) 264

“Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law in finding that s 141A did not apply to a grapefruit knife, notwithstanding that it was a cutting instrument consisting of a blade with a handle.”

WLR Daily, 25th October 2010

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.