Category: law reports

In re Stanford International Bank Ltd (in liquidation) – WLR Daily

Posted March 2nd, 2010 in appeals, foreign jurisdictions, insolvency, law reports, proceeds of crime by sally

In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st 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.

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard – Times Law Reports

Posted March 2nd, 2010 in law reports by sally

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard

Court of Appeal

“Perils of the sea were not to be equated with inherent vice of the cargo when assessing whether a marine loss was excluded from an all-risks policy of insurance.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another – Times Law Reports

Posted March 2nd, 2010 in forfeiture, law reports by sally

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another

Court of Appeal

“Magistrates were entitled not to order the police to pay the costs of a claimant who had successfully defended a forfeiture case on the ground that the police had reasonably and properly brought the proceedings in the public interest.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 2nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Olden v Serious Organised Crime Agency [2010] EWCA Civ 143 (26 February 2010)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (Rev 1) [2010] EWCA Civ 158 (26 February 2010)

LG, R (on the application of) v Independent Appeal Panel for Tom Hood School & Ors [2010] EWCA Civ 142 (26 February 2010)

Mann v Northern Electric Distribution Ltd [2010] EWCA Civ 141 (26 February 2010)

Stanford International Bank Ltd, Re [2010] EWCA Civ 137 (25 February 2010)

YH, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 116 (25 February 2010)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2010] EWCA Civ 140 (25 February 2010)

MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115 (25 February 2010)

Speymill Contracts Ltd v Baskind [2010] EWCA Civ 120 (25 February 2010)

Kellogg Brown & Root Holdings (UK) Ltd v HM Revenue and Custioms [2010] EWCA Civ 118 (24 February 2010)

Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Ors [2010] EWCA Civ 110 (24 February 2010)

Sinclair v Kearsley & Ors [2010] EWCA Civ 112 (24 February 2010)

UK Housing Alliance (North West) Ltd v Francis [2010] EWCA Civ 117 (24 February 2010)

Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121 (24 February 2010)

Financial Services Authority (FSA) & Ors v Amro International SA & Anor [2010] EWCA Civ 123 (24 February 2010)

Stanton v Collinson [2010] EWCA Civ 81 (24 February 2010)

Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 (23 February 2010)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

Source: www.bailii.org

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 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.

Norris v Government of United States of America (No 2) – WLR Daily

Posted March 1st, 2010 in extradition, law reports, public interest, Supreme Court by sally

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 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 Zaman – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina v Zaman

Court of Appeal (Criminal Division)

“A conviction for assisting an offender was not rendered unsafe by reason of subsequent acquittal of the person assisted.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Regina (Quila) v Secretary of State for the Home Department – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina (Quila) v Secretary of State for the Home Department

Queen’s Bench Division

“Age discrimination against immigrant spouses aged under 21 was justified.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others

Court of Appeal

“There was not, and need not be an exception to the ‘without-prejudice’ rule so as to permit evidence of such communications and discussions to be given in a dispute about the interpretation of a written settlement agreement.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 1st, 2010 in law reports by sally

High Court (Queen’s Bench)

Veolia Water Central Ltd v London Fire & Emergency Planning Authority [2010] EWHC 208 (QB) (09 February 2010)

Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (QB) (22 February 2010)

Rutherford v Seymour Pierce Ltd [2010] EWHC 375 (QB) (11 February 2010)

Law Society of England and Wales v Secretary of State for Justice & Anor [2010] EWHC 352 (QB) (26 February 2010)

High Court (Chancery Division)

Sharafi & Anor v Woven Rugs Ltd & Ors [2010] EWHC 230 (Ch) (24 February 2010)

Shah v Shah & Ors [2010] EWHC 313 (Ch) (24 February 2010)

Good Harvest Partnership Llp v Centaur Services Ltd [2010] EWHC 330 (Ch) (23 February 2010)

Test Claimants In the Act Group Litigation (Classes 4 & 2) v Revenue and Customs [2010] EWHC 359 (Ch) (26 February 2010)

HR Trustees Ltd v German & Anor [2010] EWHC 321 (Ch) (26 February 2010)

High Court (Family Division)

B, C, and D (Children), Re [2010] EWHC 262 (Fam) (05 February 2010)

High Court (Administrative Court)

Prasannan v Royal Borough of Kensington and Chelsea [2010] EWHC 319 (Admin) (25 February 2010)

Pounder (2), R (on the application of) v HM Coroner for the North and South Districts of Durham and Darlington & Ors [2010] EWHC 328 (Admin) (23 February 2010)

Gill, R (on the application of) v Secretary of State for Justice [2010] EWHC 364 (Admin) (26 February 2010)

DPP v Fearon [2010] EWHC 340 (Admin) (10 February 2010)

L v Crown Prosecution Service [2010] EWHC 341 (Admin) (10 February 2010)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2010] EWHC 201 (Comm) (25 February 2010)

AP Moller-Maersk A/S (t/a “Maersk Line”) v Sonaec Villas Cen Sad Fadoul & Ors [2010] EWHC 355 (Comm) (26 February 2010)

Choil Trading SA v Sahara Energy Resources Ltd [2010] EWHC 374 (Comm) (26 February 2010)

High Court (Technology and Construction Court)

Forest Heath District Council v ISG Jackson Ltd [2010] EWHC 322 (TCC) (22 February 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWHC 326 (TCC) (26 February 2010)

S G South Ltd v Swan Yard (Cirencester) Ltd [2010] EWHC 376 (TCC) (26 February 2010)

Source: www.bailii.org

Norris v Government of United States of America (No 2) – The Times

Posted February 25th, 2010 in law reports by sally

Norris v Government of United States of America (No 2)

Supreme Court

“Only the gravest effects of interference with family life would make extradition disproportionate to the public interest in the prevention of crime.”

The Times, 25th February 2010

Source: www.timesonline.co.uk

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Posted February 25th, 2010 in appeals, constructive dismissal, contract of employment, law reports, unfair dismissal by sally

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 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.

Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily

Posted February 25th, 2010 in appeals, disclosure, financial regulation, foreign jurisdictions, law reports by sally

Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50

“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”

WLR Daily, 24th February 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.

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily

Posted February 25th, 2010 in appeals, costs, law reports, solicitors by sally

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) [2010] EWCA Civ 122; [2010] WLR (D) 49

“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”

WLR Daily, 24th February 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.

Good Harvest Partnership LLP v Centaur Services Ltd – WLR Daily

Posted February 25th, 2010 in covenants, guarantees, landlord & tenant, law reports by sally

Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48

“The Landlord and Tenant (Covenants) Act 1995 precluded a person who had guaranteed a tenant’s obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease.”

WLR Daily, 24th February 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 February 24th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 (23 February 2010)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

National Grid Plc v Gas and Electricity Markets Authority & Ors [2010] EWCA Civ 114 (23 February 2010)

High Court (Patents Court)

Intervet UK Ltd v Merial R.’s University of Belfast the University of Saskatchewan [2010] EWHC 294 (Pat) (23 February 2010)

High Court (Queen’s Bench Division)

Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (QB) (22 February 2010)

High Court (Technology and Construction Court)

Forest Heath District Council v ISG Jackson Ltd [2010] EWHC 322 (TCC) (22 February 2010)

Source: www.bailii.org

Gibson and others v Sheffield City Council – WLR daily

Posted February 24th, 2010 in equal pay, law reports, sex discrimination by sally

Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47

“In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. However, the application of that proposition was limited and merely because there was an explanation for the difference in pay which was not directly discriminatory did not necessarily mean that the pay practice was not tainted by sex.”

WLR Daily, 23rd February 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.

Orams and Another v Apostolides – Times Law Reports

Posted February 24th, 2010 in law reports by sally

Orams and Another v Apostolides

Court of Appeal

“There was no principle or public policy which prevented courts in the United Kingdom from recognising and enforcing judgments of the courts of Cyprus concerning land situated in North Cyprus controlled by the Turkish Cypriot administration.”

The Times, 24th February 2010

Source: www.timesonline.co.uk

Pitt and Another v Holt and Another – Times Law Reports

Posted February 24th, 2010 in law reports by sally

Pitt and Another v Holt and Another

Chancery Division

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to set aside a settlement made by her, as receiver for her late husband, where the inheritance tax position had not been taken into account when the settlement was established.”

The Times, 24th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 23rd, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Robot Arenas Ltd & Anor v Waterf1eld & Anor [2010] EWHC 115 (QB) (08 February 2010)

High Court (Chancery Division)

Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (Ch) (22 February 2010)

Financial Services Authority v Anderson & Ors [2010] EWHC 308 (Ch) (22 February 2010)

Source: www.bailii.org