law reports – Page 225 – Current Awareness

“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”

WLR Daily, 13th 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.

Gisda Cyf v Barratt – WLR Daily

Posted October 14th, 2010 in complaints, contract of employment, law reports, time limits, unfair dismissal by sally

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th 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.

In re Stakefield (Midlands) Ltd and others – WLR Daily

Posted October 14th, 2010 in company directors, disqualification, evidence, human rights, law reports, striking out by sally

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th 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.

Pieretti v Enfield London Borough Council – WLR Daily

Posted October 14th, 2010 in disability discrimination, homelessness, housing, law reports, local government by sally

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th 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.

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport – WLR Daily

Posted October 14th, 2010 in airlines, carriage by air, Cyprus, law reports, treaties by sally

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport [2010] EWCA Civ 1093; [2010] WLR (D) 247

“The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus.”

WLR Daily, 13th 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.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th 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.

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) – WLR Daily

Posted October 14th, 2010 in law reports, local government, school admissions by sally

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) [2010] EWCA Civ 1103; [2010] WLR (D) 245

“An inquiry pursuant to s 86(3) of the School Standards and Framework Act 1998 into whether compliance with a parent’s preference as to the school at which he wished education to be provided for his child would prejudice the provision of efficient education or the efficient use of resources was to be assessed objectively.”

WLR Daily, 13th October 2010

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 October 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2010] EWCA Civ 1100 (11 October 2010)

Haringey Independent Appeal Panel v M, R (on the application of) [2010] EWCA Civ 1103 (12 October 2010)

Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050 (12 October 2010)

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 (12 October 2010)

Mölnlycke Health Care AB & Anor v BSN Medical Ltd & Anor [2010] EWCA Civ 1053 (12 October 2010)

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 (12 October 2010)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2010] EWCA Civ 1093 (12 October 2010)

High Court (Administrative Court)

Loizou, R (on the application of) v Mid-Yorkshire Hospitals NHS Trust [2010] EWHC 2523 (Admin) (11 October 2010)

High Court (Technology and Construction Court)

Dhamija & Anor v Sunningdale Joineries Ltd & Ors [2010] EWHC 2396 (TCC) (12 October 2010)

William McIlroy Swindon Ltd & Anor v Quinn Insurance Ltd [2010] EWHC 2448 (TCC) (12 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 12th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Bohannan, R. v [2010] EWCA Crim 2261 (21 September 2010)

Court of Appeal (Civil Division)

Tate & Lyle Technology Ltd v Roquette Freres [2010] EWCA Civ 1049 (11 October 2010)

High Court (Queen’s Bench Division)

Taylor v Associated Newspapers Ltd [2010] EWHC 2494 (QB) (11 October 2010)

High Court (Chancery Division)

Ramzan v Brookwide Ltd [2010] EWHC 2453 (Ch) (08 October 2010)

High Court (Administrative Court)

Roshan, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2501 (Admin) (07 October 2010)

High Court (Commercial Court)

Berezovsky v Abramovich [2010] EWHC 2010 (Comm) (06 August 2010)

Source: www.bailii.org

Stockton-on-Tees Borough Council v Fidler and others – WLR Daily

Posted October 12th, 2010 in law reports, licensing, taxis by sally

Stockton-on-Tees Borough Council v Fidler and others [2010] EWHC 2430 (Admin); [2010] WLR (D) 244

“The definition of ‘private hire vehicle’ in s 80(1) of the Local Government (Miscellaneous Provisions) Act 1976, with its express exclusion of hackney carriages, had to be read into the references to ‘private hire vehicle’ in sections 46(1)(d)(e); and the words ‘hackney carriage’, where they appeared in s 80(1), were not confined to a vehicle licensed as a hackney carriage by the local authority which was seeking to enforce within its own area the provisions of the 1976 Act, but extended to any vehicle licensed as a hackney carriage wherever so licensed. However. it was an offence under s 45 of the Town Police Clauses Act 1847 for a hackney carriage licensed in one area to stand or ply for hire in another area where no licence had been granted to either the driver or the vehicle by the licensing authority for that area.”

WLR Daily, 11th October 2010

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 October 11th, 2010 in law reports by sally

High Court (Queen’s Bench)

AMM v HXW [2010] EWHC 2457 (QB) (07 October 2010)

High Court (Chancery Division)

HHY Luxembourg SARL & Anor v Barclays Bank Plc & Ors [2010] EWHC 2406 (Ch) (23 September 2010)

High Court (Commercial Court)

Aercap Partners 1 Ltd v Avia Asset Management AB [2010] EWHC 2431 (Comm) (07 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 8th, 2010 in law reports by sally

High Court (Administrative Court)

Jones, R (on the application of) v The Parole Board [2010] EWHC 2462 (Admin) (08 October 2010)

A, R (on the application of) v London Borough of Lambeth (Rev 1) [2010] EWHC 2439 (Admin) (07 October 2010)

High Court (Chancery Division)

Vossloh Aktiengesellschaft v Alpha Trains (UK) Ltd. [2010] EWHC 2443 (Ch) (05 October 2010)

Southampton City Council v Southampton Medina Mosque Trust Ltd & Ors [2010] EWHC 2376 (Ch) (05 October 2010)

High Court (Commercial Court)

Aercap Partners 1 Ltd v Avia Asset Management AB [2010] EWHC 2431 (Comm) (07 October 2010)

GMAC Commercial Finance Ltd v Mint Apparel Ltd [2010] EWHC 2452 (Comm) (07 October 2010)

High Court (Queen’s Bench Division)

AMM v HXW [2010] EWHC 2457 (QB) (07 October 2010)

Morgan & Anor v Pooley & Anor [2010] EWHC 2447 (QB) (07 October 2010)

Source: www.bailii.org

Regina (TA Gwillim & Sons) v Welsh Ministers – WLR Daily

Posted October 8th, 2010 in agriculture, EC law, law reports, news by sally

Regina (TA Gwillim & Sons) v Welsh Ministers 2010] EWCA Civ 1048; [2010] WLR (D) 243

“In calculating financial support for farmers under the single payment scheme in Council Regulation (EC) No 1872/2003, a farmer could qualify as a hardship case within art 40 of that Regulation if his ‘production was adversely affected’ in the reference period 2000–2002. He could establish that his production had been adversely affected by reason of agri-environmental commitments not only where he had suffered a dip or reduction in production, but also if he could show that such commitments had prevented or restricted an increase in production.”

WLR Daily, 7th October 2010

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.

Gard Marine and Energy Ltd v Tunnicliffe and others – WLR daily

Posted October 8th, 2010 in conflict of interest, insurance, jurisdiction, law reports, news by sally

Gard Marine and Energy Ltd v Tunnicliffe and others [2010] EWCA Civ 1052; [2010] WLR (D) 242

“Where, by reference to the Lugano Convention and art 6(1) of the Judgments Regulation, one was considering whether it was expedient to hear and determine claims within the jurisdiction order to avoid the risk of irreconcilable judgments resulting from separate proceedings, regard was to be had, inter alia, to the question whether the claims arose out of the same situation in law and fact.”

WLR Daily, 7th October 2010

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.