BAILII: Recent Decisions
Court of Appeal (Civil Division)
HIgh Court (Queen’s Bench Division)
Hughes v Risbridger & Ors [2010] EWHC 491 (QB) (11 March 2010)
Kmiecic v Isaacs [2010] EWHC 381 (QB) (12 March 2010)
Source: www.bailii.org
Category: law reports
BAILII: Recent Decisions
Court of Appeal (Civil Division)
SL (Vietnam) v Secretary of State for the Home Department [2010] EWCA Civ 225 (11 March 2010)
Priory Caring Services Ltd v Capita Property Services Ltd [2010] EWCA Civ 226 (11 March 2010)
High Court (Administrative Court)
High Court (Chancery Division)
BMS Computer Solutions Ltd v AB Agri Ltd [2010] EWHC 464 (Ch) (10 March 2010)
NG & Anor v Ashley King (Developments) Ltd [2010] EWHC 456 (Ch) (11 March 2010)
High Court (Queen’s Bench Division)
Wirecard Bank Ag & Anor v Scott & Ors [2010] EWHC 451 (QB) (10 March 2010)
Source: www.bailii.org.uk
Agbaje v Agbaje – WLR Daily
Agbaje v Agbaje [2010] UKSC 13; [2010] WLR (D) 71
“An English court considering under Pt III of the Matrimonial and Family Proceedings Act 1984 whether it would be appropriate to make an order for financial relief on the application of a party to a foreign divorce was not required to apply a forum non conveniens test and decide which of two jurisdictions was the appropriate one. The whole basis of Pt III was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”
WLR Daily, 10th 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.
Regina (Coombes) v Waltham Forest London Borough Council and another – WLR Daily
Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70
“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 10th 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.
Key and another v Key and others – WLR Daily
Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69
“Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity.”
WLR Daily, 9th 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.
Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily
Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68
“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”
WLR Daily, 9th 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.
BAILII: Recent Decisions
Supreme Court
Agbaje v Akinnoye-Agbaje [2010] UKSC 13 (10 March 2010)
Court of Appeal (Criminal Division)
Chima v R [2010] EWCA Crim 416 (10 March 2010)
Court of Appeal (Civil Division)
Steenberg & Anor v Enterprise Inns Plc & Anor [2010] EWCA Civ 201 (10 March 2010)
Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161 (10 March 2010)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
High Court (Commercial Court)
Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2010] EWHC 465 (Comm) (10 March 2010)
Source: www.bailii.org
Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily
Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67
“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”
WLR Daily, 8th 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.
Al-Saadoon and Mufdhi v United Kingdom – Times Law Reports
Al-Saadoon and Mufdhi v United Kingdom
European Court of Human Rights
“The transfer of two Iraqi murder suspects by the United Kingdom to the Iraqi authorities for trial was a breach of the European Convention on Human Rights.”
The Times, 10th March 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Henley v Bloom [2010] EWCA Civ 202 (09 March 2010)
Hardy v Washington Green Fine Art Publishing Company Ltd [2010] EWCA Civ 198 (09 March 2010)
Lester & Anor v Woodgate & Anor [2010] EWCA Civ 199 (09 March 2010)
High Court (Chancery Division)
Cintec International Ltd v Parkes [2010] EWHC 445 (Ch) (17 February 2010)
High Court (Queen’s Bench Division)
Serious Organised Crime Agency v Lundon, the Estate of & Ors [2010] EWHC 353 (QB) (02 March 2010)
High Court (Administrative Court)
High Court (Commercial Court)
Vitol SA v Capri Marine Ltd & Ors (No. 2) [2010] EWHC 458 (Comm) (09 March 2010)
High Court (Technology and Construction Court)
Amec Group Ltd v Thames Water Utilities Ltd [2010] EWHC 419 (TCC) (24 February 2010)
Source: www.bailii.org
Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily
“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”
WLR Daily, 8th 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.
Martin v HM Advocate; Miller v HM Advocate – Times Law Reports
Martin v HM Advocate; Miller v HM Advocate
Supreme Court
“It was within the competence of the Scottish Parliament to enact a provision which raised to 12 months the maximum term of imprisonment which a sheriff sitting without a jury could impose for the offence of driving while disqualified.”
The Times, 9th March 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Johnson, R. v [2010] EWCA Crim 385 (04 March 2010)
Court of Appeal (Civil Division)
Houldsworth & Anor v Bridge Trustees Ltd & Anor [2010] EWCA Civ 179 (04 March 2010)
Malik v Kalyan [2010] EWCA Civ 113 (04 March 2010)
High Court (Chancery Division)
Vercoe & Ors v Rutland Fund Management Ltd & Ors [2010] EWHC 424 (Ch) (05 March 2010)
Bellway Homes Ltd v Beazer Homes Ltd [2010] EWHC 423 (Ch) (04 March 2010)
High Court (Queen’s Bench Division)
Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)
High Court (Administrative Court)
Siraj, R (on the application of) v Kirkless Council & Ors [2010] EWHC 444 (Admin) (05 March 2010)
SB (Uganda) v Secretary of State for the Home Department [2010] EWHC 338 (Admin) (24 February 2010)
Source: www.bailii.org
Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily
“Where a hybrid occupational pension scheme was being wound up the benefits derived from voluntary contributions made to the scheme by the employee and matched by their employer’s contribution, ranked first in order of priority in the winding up of the scheme.”
WLR Daily, 4th 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.
In re W (Children) (Family proceedings: Evidence) – Times Law Reports
In re W (Children) (Family proceedings: Evidence)
Supreme Court
“A presumption that a child should not be called to give evidence in family proceedings could not be reconciled with the rights of all concerned in those proceedings under articles 6 and 8 of the European Convention on Human Right and accordingly would no longer be regarded as appropriate.”
The Times, 8th March 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Houldsworth & Anor v Bridge Trustees Ltd & Anor [2010] EWCA Civ 179 (04 March 2010)
Malik v Kalyan [2010] EWCA Civ 113 (04 March 2010)
Shell UK Ltd & Ors v Total UK Ltd & Anor [2010] EWCA Civ 180 (04 March 2010)
Zeital & Anor v Kaye & Ors [2010] EWCA Civ 159 (05 March 2010)
Court of Appeal (Criminal Division)
Johnson, R. v [2010] EWCA Crim 385 (04 March 2010)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Family Division)
Doctor A & Ors v Ward & Anor [2010] EWHC 205 (Fam) (09 February 2010)
High Court (Queen’s Bench Division)
Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)
Source: www.bailii.org
Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily
“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”
WLR Daily, 4th 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.
Regina v Lancaster – WLR Daily
Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63
“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”
WLR Daily, 4th 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.
Regina v NW – WLR Daily
Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62
“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”
WLR Daily, 4th 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.
BAILII: Recent Decisions
Supreme Court
W (Children), Re (Rev 1) [2010] UKSC 12 (03 March 2010)
Martin v Her Majesty’s Advocate [2010] UKSC 10 (03 March 2010)
Court of Appeal (Criminal Division)
R v W [2010] EWCA Crim 372 (02 March 2010)
NW, R v [2010] EWCA Crim 404 (03 March 2010)
Costello v R. [2010] EWCA Crim 371 (02 March 2010)
Lancaster, R. v [2010] EWCA Crim 370 (02 March 2010)
Gore, R v [2010] EWCA Crim 369 (01 March 2010)
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
Webster & Ors v The Ridgeway Foundation School [2010] EWHC 318 (QB) (02 March 2010)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Gold Group Properties Ltd v BDW Trading Ltd [2010] EWHC 323 (TCC) (3 March 2010)
Source: www.bailii.org
