Category: law reports

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

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.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Posted April 8th, 2010 in appeals, company law, landlord & tenant, law reports by sally

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

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.

Herrick v Kidner – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Herrick v Kidner

Queen’s Bench Division

“The psychological effect of such works as gate piers set across a public footpath, so as to denote private property, was relevant when deciding whether those works amounted to a significant obstruction of the highway so that an order might be required for their removal by the local highway authority.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

Bilkus v Stockler Brunton (a Firm) – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Bilkus v Stockler Brunton (a Firm)

Court of Appeal

“A solicitor rendering his fee note had to consider carefully, if charging uplift, whether the relevant work was contentious or non-contentious.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No. 116 of 2009 [2010] EWCA Crim 577 (11 March 2010)

Court of Appeal (Civil Division)

MC (Algeria), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 347 (31 March 2010)

Raissi v Secretary of State for Justice [2010] EWCA Civ 337 (31 March 2010)

Clarke & Anor v Corless & Anor [2010] EWCA Civ 338 (31 March 2010)

Child Maintenance and Enforcement Commission v Mitchell [2010] EWCA Civ 333 (30 March 2010)

British Chiropractic Association v Singh [2010] EWCA Civ 350 (01 April 2010)

High Court (Administrative Court)

Bailey, R (on the application of) v Central Criminal Court [2010] EWHC 667 (Admin) (19 March 2010)

High Court (Patents Court)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2010] EWHC 660 (Pat) (31 March 2010)

Source: www.bailii.org

Independent wins a ‘hugely important’ victory for the vulnerable – The Independent

Posted April 1st, 2010 in appeals, Court of Protection, law reports, media, news, private hearings, public interest by sally

“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”

Full story

The Independent, 1st April 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Davis v R [2010] EWCA Crim 708 (31 March 2010)

Greaves & Ors v R [2010] EWCA Crim 709 (31 March 2010)

Delucca, R v [2010] EWCA Crim 710 (31 March 2010)

Court of Appeal (Civil Division)

Valentines Homes & Construction Ltd, R (on the application of) v HM Revenue and Customs [2010] EWCA Civ 345 (31 March 2010)

Servier Laboratories Ltd v National Institute for Health and Clinical Excellence & Anor [2010] EWCA Civ 346 (31 March 2010)

Vaughan v Vaughan [2010] EWCA Civ 349 (31 March 2010)

A v Independent News & Media Ltd & Ors [2010] EWCA Civ 343 (31 March 2010)

High Court (Queen’s Bench Division)

West Sussex County Council v Amberley (UK) Ltd & Anor [2010] EWHC 651 (QB) (31 March 2010)

Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB) (31 March 2010)

Baturina v Times Newspapers Ltd [2010] EWHC 696 (QB) (31 March 2010)

MGB Printing and Design Ltd v Kall Kwik UK Ltd [2010] EWHC 624 (QB) (31 March 2010)

JO1 v Garret & Anor [2010] EWHC 657 (QB) (31 March 2010)

High Court (Chancery Division)

Independent Trustee Services Ltd & Anor v Knell [2010] EWHC 650 (Ch) (31 March 2010)

Moore v Holdsworth & Ors [2010] EWHC 683 (Ch) (12 March 2010)

High Court (Family Division)

G v E & Ors [2010] EWHC 621 (Fam) (26 March 2010)

High Court (Administrative Court)

ZA (Nigeria) & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 718 (Admin) (31 March 2010)

Checkprice (UK) Ltd (In Administration) v HM Revenue & Customs [2010] EWHC 682 (Admin) (31 March 2010)

Malungu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 684 (Admin) (31 March 2010)

Saeedi, R (on the application of) v Secretary of State for the Home Department & Ors [2010] EWHC 705 (Admin) (31 March 2010)

Revenue & Customs Prosecution Office v Taylor [2010] EWHC 715 (Admin) (31 March 2010)

Stephenson, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2010] EWHC 704 (Admin) (31 March 2010)

High Court (Commercial Court)

Golden Sunsets Navigation (UK) Ltd v Lloyds Portfolio Leasing Ltd [2010] EWHC 703 (Comm) (31 March 2010)

Berezovsky v Abramovich [2010] EWHC 647 (Comm) (31 March 2010)

High Court (Technology and Contruction Court)

Brookfield Construction (UK) Ltd v Mott Macdonald Ltd [2010] EWHC 659 (TCC) (31 March 2010)

High Court (Patents Court)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2010] EWHC 660 (Pat) (31 March 2010)

Source: www.bailii.org

Malik v Kalyan; Kalyan v Malik – Times Law Reports

Posted April 1st, 2010 in law reports by sally

Malik v Kalyan; Kalyan v Malik

Court of Appeal

“It was usually good practice for a judge to see where a line of questioning might be going before stopping it.”

The Times, 1st April 2010

Source: www.timesonline.co.uk

Shah and Another v HSBC Private Bank (UK) Ltd – Times Law Reports

Posted April 1st, 2010 in law reports by sally

Shah and Another v HSBC Private Bank (UK) Ltd

Court of Appeal

“Where a bank entertained suspicion about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, the customer might be entitled to proceed with a claim in breach of contract or duty.”

The Times, 1st April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 31st, 2010 in law reports by sally

High Court (Administrative Court)

Smarden Parish Council v Secretary of State for Communities & Local Government & Anor [2010] EWHC 701 (Admin) (30 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Smallman & Anor, R. v [2010] EWCA Crim 548 (30 March 2010)

Anderson v R. [2010] EWCA Crim 615 (30 March 2010)

Court of Appeal (Civil Division)

Mezey v South West London & St George’s Mental Health NHS Trust [2010] EWCA Civ 293 (30 March 2010)

Holliday & Anor v Musa & Ors [2010] EWCA Civ 335 (30 March 2010)

B (Children), Re [2010] EWCA Civ 324 (30 March 2010)

Launahurst Ltd v Larner [2010] EWCA Civ 334 (30 March 2010)

Salford City Council v Mullen [2010] EWCA Civ 336 (30 March 2010)

High Court (Queen’s Bench Division)

Higgins v Ministry of Defence [2010] EWHC 654 (QB) (30 March 2010)

High Court (Chancery Division)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Anor [2010] EWHC 674 (Ch) (30 March 2010)

High Court (Commercial Court)

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWHC 702 (Comm) (30 March 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council (No 2) [2010] EWHC 655 (TCC) (19 March 2010)

D Morgan Plc v Mace & Jones (a firm) & Anor [2010] EWHC 697 (TCC) (23 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No 80 of 2009 [2010] EWCA Crim 470 (24 February 2010)

Chen, R. v [2010] EWCA Crim 446 (02 March 2010)

Seton v R. [2010] EWCA Crim 450 (12 March 2010)

Court of Appeal (Civil Division)

Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314 (30 March 2010)

High Court (Queen’s Bench Division)

Kaschke v Gray & Anor [2010] EWHC 690 (QB) (29 March 2010)

High Court (Administrative Court)

Saunders v The Hearing Aid Council [2010] EWHC 629 (Admin) (29 March 2010)

Source: www.bailii.org

Drew v Whitbread plc – Times Law Reports

Posted March 30th, 2010 in law reports by sally

Drew v Whitbread plc

Court of Appeal

“A party was not precluded from raising a matter before the costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd – Times Law Reports

Posted March 30th, 2010 in law reports by sally

Shell UK Ltd v Total UK Ltd and Others; Total UK Ltd v Chevron Ltd

Court of Appeal

“A duty of care was owed to a beneficial owner of property by a defendant who could reasonably foresee that his negligent actions would damage that property.”

The Times, 30th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Lewis v Yeeles [2010] EWCA Civ 326 (29 March 2010)

Silvera v Bray Walker Solicitors (A Firm) & Anor [2010] EWCA Civ 332 (29 March 2010)

High Court (Queen’s Bench Division)

Seymour Pierce Ltd v Grandtop International Holdings Ltd [2010] EWHC 676 (QB) (29 March 2010)

High Court (Chancery Division)

Twentieth Century Fox Film Corporation & Anor v Newzbin Ltd [2010] EWHC 608 (Ch) (29 March 2010)

Jeffries v Archer [2010] EWHC 679 (Ch) (29 March 2010)

Sita UK Ltd v Greater Manchester Waste Disposal Authority [2010] EWHC 680 (Ch) (29 March 2010)

High Court (Commercial Court)

Cecil & Ors v Bayat & Ors [2010] EWHC 641 (Comm) (29 March 2010)

High Court (Patents Court)

Red Spider Technology v Omega Completions Technology [2010] EWHC 59 (Pat) (21 January 2010)

Source: www.bailii.org

In re G (a Child) (Special guardianship order: Application to discharge) – Times Law Reports

Posted March 29th, 2010 in law reports by sally

In re G (a Child) (Special guardianship order: Application to discharge)

Court of Appeal

“Since a mother had demonstrated a change in circumstances, her application for the discharge of a special guardianship order would be granted.”

The Times, 29th March 2010

Source: www.timesonline.co.uk

Connor v Surrey County Council – Times Law Reports

Posted March 29th, 2010 in law reports by sally

Connor v Surrey County Council

Court of Appeal

“A head teacher was entitled to damages for negligence because of the local education authority’s failure to exercise a statutory discretion to replace the school’s governing body with an interim executive board.”

The Times, 29th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 26th, 2010 in law reports by sally

Court of Appeal (Civil Division)

FJ Chalke Ltd & Anor v Revenue & Customs [2010] EWCA Civ 313 (25 March 2010)

Mason v Richard Freeman & Co (a firm) [2010] EWCA Civ 287 (25 March 2010)

Bury Metropolitan Borough Council v Gibbons [2010] EWCA Civ 327 (26 March 2010)

Court of Appeal (Criminal Division)

Kirman, R. v [2010] EWCA Crim 614 (25 March 2010)

High Court (Administrative Court)

London Borough of Hillingdon & Ors, R (on the application of) v Secretary of State for Transport & Anor [2010] EWHC 626 (Admin) (26 March 2010)

High Court (Chancery Division)

The Financial Services Authority (FSA) v Anderson & Ors [2010] EWHC 599 (Ch) (25 March 2010)

Goldfarb v Higgins & Ors [2010] EWHC 613 (Ch) (25 March 2010)

High Court (Commercial Court)

Abraaj Investment Management Ltd. v Bregawn Jersey Ltd. [2010] EWHC 630 (Comm) (25 March 2010)

Blue Sky One Ltd & Ors v Mahan Air & Anor [2010] EWHC 631 (Comm) (25 March 2010)

High Court (Queen’s Bench Division)

Andrews v Aylott [2010] EWHC 597 (QB) (25 March 2010)

Lait MP v Evening Standard Ltd. [2010] EWHC 642 (QB) (25 March 2010)

Botham v The Ministry of Defence [2010] EWHC 646 (QB) (26 March 2010)

Serious Organised Crime Agency v Bosworth & Anor [2010] EWHC 645 (QB) (26 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 25th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Osborne, R v [2010] EWCA Crim 547 (24 March 2010)

Court of Appeal (Civil Division)

Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 (24 March 2010)

High Court (Queen’s Bench)

Sabine v Ferrari [2010] EWHC 389 (QB) (11 March 2010)

Ternent v Ashford & St Peter’s Hospital NHS Trust [2010] EWHC 593 (QB) (24 March 2010)

High Court (Chancery Division)

Chasewood Park Residents Ltd v Kim & Anor [2010] EWHC 579 (Ch) (24 March 2010)

High Court (Administrative Court)

Technoprint Plc & Anor, R (on the application of) v Leeds City Council & Anor [2010] EWHC 581 (Admin) (24 March 2010)

West Yorkshire Probation Board v Cruickshanks [2010] EWHC 615 (Admin) (24 March 2010)

High Court (Commercial Court)

Loyaltrend Ltd & Anor v Creechurch Dedicated Ltd & Ors [2010] EWHC 425 (Comm) (05 March 2010)

High Court (Technology and Construction Court)

Hall & Anor v Van Der Heiden (No 2) [2010] EWHC 586 (TCC) (23 March 2010)

Source: www.bailii.org

Revenue and Customs Commissioners v Kearney – WLR Daily

Posted March 25th, 2010 in appeals, law reports, national insurance, taxation, time limits by sally

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th March 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.