Category: law reports

R (F (A Child)) v Secretary of State for the Home Department; R (Thompson) v Same – WLR Daily

Posted April 22nd, 2010 in declarations of incompatibility, human rights, law reports, notification, sexual offences, Supreme Court by sally

R (F (A Child)) v Secretary of State for the Home Department; R (Thompson) v Same [2010] UKSC 17; [2010] WLR (D) 98

“The indefinite notification requirements for sexual offenders who had been sentenced to 30 months’ imprisonment or more were incompatible with the right to respect for private and family life because they did not contain any mechanism for reviewing the justification for continuing the requirements in individual cases.”

WLR Daily, 21st April 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 April 21st, 2010 in law reports by sally

Supreme Court

F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010)

Court of Appeal (Civil Division)

Lui v Chong [2010] EWCA Civ 398 (21 April 2010)

Williams v Lishman, Sidwell, Campbell & Price Ltd [2010] EWCA Civ 418 (21 April 2010)

High Court (Queen’s Bench Division)

Phoenix Partners Group Llp v Asoyag [2010] EWHC 846 (QB) (21 April 2010)

High Court (Administrative Court)

Prosser, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 845 (Admin) (21 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 21st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

NT, R v [2010] EWCA Crim 711 (31 March 2010)

Court of Appeal (Civil Division)

Vodafone Ltd & Ors v British Telecommunications Plc Office of Communications [2010] EWCA Civ 391 (20 April 2010)

Walbrook Trustees (Jersey) Ltd. & Ors v Fattal & Ors [2010] EWCA Civ 408 (20 April 2010)

Milner & Anor v Carnival Plc (t/a Cunard) [2010] EWCA Civ 389 (20 April 2010)

High Court (Chancery Division)

Aspect Capital Ltd v Christensen [2010] EWHC 744 (Ch) (29 March 2010)

Amin & Anor v Amin & Ors [2010] EWHC 827 (Ch) (20 April 2010)

Paddington Basin Developments Ltd. & Ors v West End Quay Estate Management Ltd & Anor [2010] EWHC 833 (Ch) (20 April 2010)

High Court (Commercial Court)

The National Farmers Union Mutual Insurance Society Ltd v HSBC Insurance (UK) Ltd [2010] EWHC 773 (Comm) (19 April 2010)

High Court (Patents Court)

HTC Corporation v Yozmot 33 Ltd. [2010] EWHC 786 (Pat) (20 April 2010)

Source: www.bailii.org

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted April 20th, 2010 in appeals, corporation tax, insurance, law reports by sally

Sun Life Assurance of Canada (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 394; [2010] WLR (D) 97

“In calculating the liability to corporation tax of an insurer in respect of its basic life and general annuity business, the taxpayer was entitled to relief in respect of losses incurred in past years, including years prior to 2003, when the law had been amended to make specific reference to the right to carry losses forward in respect of that type of business.”

WLR Daily, 16th April 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.

MAK and RK v United Kingdom – Times Law Reports

Posted April 20th, 2010 in law reports by sally

MAK and RK v United Kingdom

European Court of Human Rights

“The taking of blood samples and of intimate photographs of a girl aged nine, without her parents’ consent, violated article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life. The absence of a common law duty of care owed to parents, violated article 13, providing for the right to an effective remedy.”

The Times, 19th April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 20th, 2010 in law reports by sally

Court of Appeal (Civil Division)

CJ v Flintshire Borough Council [2010] EWCA Civ 393 (15 April 2010)

High Court (Administrative Court)

Badger Trust, R (on the application of) v The Welsh Ministers [2010] EWHC 768 (Admin) (16 April 2010)

WJ (China), R (on the application of) v Secretary of State for the Home Department [2010] EWHC 776 (Admin) (19 April 2010)

High Court (Technology and Construction Court)

Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720 (TCC) (13 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Sun Life Assurance Company of Canada (UK) Ltd v HM Revenue & Customs [2010] EWCA Civ 394 (16 April 2010)

High Court (Queen’s Bench Division)

Abbs v Somerfield Plc [2010] EWHC 735 (QB) (13 April 2010)

High Court (Administrative Court)

March, R (on the application of) v Secretary of State for Health [2010] EWHC 765 (Admin) (16 April 2010)

Nestorova-Goremsandu v Secretary of State for Communities & Local Government & Anor [2010] EWHC 793 (Admin) (16 April 2010)

High Court (Commercial Court)

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2010] EWHC 772 (Comm) (16 April 2010)

Yukos Capital S.a.r.l v OJSC Rosneft Oil Company & Ors [2010] EWHC 784 (Comm) (16 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 16th, 2010 in law reports by sally

High Court (Chancery Division)

Digicel (St Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2010] EWHC 774 (Ch) (15 April 2010)

Swallow v Revenue and Customs & Anor [2010] EWHC 771 (Ch) (15 April 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 15th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Waya, R v (Rev 1) [2010] EWCA Crim 412 (25 March 2010)

Court of Appeal (Civil Division)

SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388 (15 April 2010)

High Court (Administrative Court)

Ibrahim & Anor v Secretary of State for the Home Department (Rev 1) [2010] EWHC 764 (Admin) (13 April 2010)

High Court (Commercial Court)

Jones v Environcom Ltd & Anor [2010] EWHC 759 (Comm) (15 April 2010)

Source: www.bailii.org

Media reporting bill ‘threat’ to vulnerable children – Law Society’s Gazette

Posted April 15th, 2010 in bills, children, family courts, law reports, media, news by sally

“Measures rushed through parliament at the ‘eleventh hour’ to allow greater media reporting of the family courts will put vulnerable children at risk, lawyers have warned.”

Full story

Law Society’s Gazette, 15th April 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted April 14th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Conan v Williams [2010] EWHC 758 (QB) (13 April 2010)

High Court (Administrative Court)

Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Berners (BVI) Ltd & Anor [2010] EWHC 763 (TCC) (25 March 2010)

Clancy Consulting Ltd v Derwent Holdings Ltd & Ors [2010] EWHC 762 (TCC) (29 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

EH v London Borough of Greenwich & Ors [2010] EWCA Civ 344 (09 April 2010)

High Court (Administrative Court)

Nursing & Midwifery Council v Gerrard [2010] EWHC 710 (Admin) (15 March 2010)

HR, R (on the application of) v Medway Council [2010] EWHC 731 (Admin) (01 April 2010)

High Court (Patents Court)

Betson Medical (Ireland) Ltd v Comptroller General of Patents [2010] EWHC 687 (Pat) (31 March 2010)

Source: www.bailii.org

British Chiropractic Association v Singh – WLR Daily

Posted April 13th, 2010 in appeals, complementary medicine, defamation, freedom of expression, law reports, medical treatment by sally

British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96

“A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion.”

WLR Daily, 12th April 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.

Vaughan v Vaughan – WLR Daily

Posted April 13th, 2010 in appeals, financial provision, law reports, periodical payments by sally

Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95

“When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not.”

WLR Daily, 12th April 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.

Independent News & Media Ltd and others v A – WLR Daily

Posted April 13th, 2010 in appeals, Court of Protection, law reports, media, private hearings by sally

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th April 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.

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons) – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons)

Court of Appeal (Criminal Division)

“If a judge decided to reduce his sentencing reasons into writing, he should read them out in open court so that all he had to say was available to the defendant, the complainant, the jury and the public at large.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales

Chancery Division

“A Roman Catholic adoption agency was entitled to take advantage of an exception to sexual orientation discrimination in favour of charities generally so that was not unlawful for it to refuse to provide its services to same-sex couples.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Jayasinghe v Liyanage – Times Law Reports

Posted April 9th, 2010 in law reports by sally

Jayasinghe v Liyanage

Chancery Division

“The function of the adjudicator to the Land Registry in relation to the entry of a restriction was not limited to determining whether the applicant had demonstrated an arguable claim within the meaning of section 42(1)(c) of the Land Registration Act 2002.”

The Times, 9th April 2010

Source: www.timesonline.co.uk

O’Beirne v Hudson – Times Law Reports

Posted April 9th, 2010 in law reports by sally

O’Beirne v Hudson

Court of Appeal

“Where a consent order provided for costs to be assessed on the standard basis, the costs judge was not entitled to vary that order or tie himself to assessing by reference to the small claims track.”

The Times, 9th April 2010

Source: www.timesonline.co.uk

Regina v T (N) – WLR Daily

Posted April 8th, 2010 in appeals, assault, jurisdiction, law reports by sally

Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93

 “The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that time, informing the court that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned before being determined.”

WLR Daily, 7th April 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.