Category: law reports

Megtian Ltd (in administration) v Revenue and Customs Commissioners – WLR Daily

Posted January 20th, 2010 in fraud, law reports, tax evasion, VAT by sally

Megtian Ltd (in administration) v Revenue and Customs Commissioners [2010] EWHC 18 (Ch); [2010] WLR (D) 3

“The phrase ‘knew or ought to have known’ when applied for the purpose of identifying the state of a mind of a person who had participated in a transaction which was in fact connected with a fraud encompassed two different states of mind. A person who knew that a transaction was connected with fraudulent tax evasion was a participant in that fraud and had a dishonest state of mind; by contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”

WLR Daily, 19th January 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.

Pitt and another v Holt and another – WLR Daily

Posted January 20th, 2010 in Court of Protection, law reports, mental health, receivers, setting aside by sally

Pitt and another v Holt and another [2010] WLR (D) 2

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”

WLR daily, 19th January 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 January 19th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Rooney, R v [2010] EWCA Crim 2 (18 January 2010)

High Court (Administrative Court)

Mazaza, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 44 (Admin) (15 January 2010)

Secretary of State for the Home Department v AF [2010] EWHC 42 (Admin) (18 January 2010)

High Court (Commercial Court)

Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) (18 January 2010)

High Court (Patents Court)

Nokia GmbH v Ipcom GmbH & Co KG [2009] EWHC 3482 (Pat) (18 January 2010)

Source: www.bailii.org

Axa General Insurance Ltd and Others v Lord Advocate and Others – Times Law Reports

Posted January 19th, 2010 in law reports by sally

Axa General Insurance Ltd and Others v Lord Advocate and Others

Court of Session, Outer House

“Acts of the Scottish Parliament could be reviewed on common law grounds as well as those set out in the Scotland Act 1998.”

The Times, 19th January 2010

Source: www.timesonline.co.uk

KH (Afghanistan) v Secretary of State for the Home Department – Times Law Reports

Posted January 19th, 2010 in law reports by sally

KH (Afghanistan) v Secretary of State for the Home Department

Court of Appeal

“Mental illness among failed asylum seekers could not be regarded as an exceptional circumstance.”

The Times, 19th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 15th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Henry v Thames Valley Police [2010] EWCA Civ 5 (14 January 2010)

Head, R (on the application of) v Social Security Commissioner & Anor [2010] EWCA Civ 3 (14 January 2010)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 4 (14 January 2010)

High Court (Chancery Division)

Dore & Ors (“BOTHCA”) v Leicestershire County Council & Ors [2010] EWHC 34 (Ch) (15 January 2010)

Megtian Ltd v HM Revenue & Customs [2010] EWHC 18 (Ch) (15 January 2010)

Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC 3484 (Ch) (16 December 2009)

Croly v Good & Ors [2010] EWHC 1 (Ch) (08 January 2010)

Ailyan & Ors v Smith & Ors [2010] EWHC 24 (Ch) (08 January 2010)

High Court (Administrative Division)

Director of Revenue and Customs Prosecutions, R (on the application of) v Birmingham Magistrates’ Court & Anor [2010] EWHC 12 (Admin) (15 January 2010)

High Court (Family Division)

Imerman v Imerman [2009] EWHC 3486 (Fam) (11 December 2009)

High Court (Commercial Court)

Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWHC 11 (Comm) (15 January 2010)

Source: www.bailii.org

Syed v Director of Public Prosecutions – WLR Daily

Posted January 15th, 2010 in law reports, police, powers of entry, warrants by sally

Syed v Director of Public Prosecutions

“The test which should be used by a police constable to establish whether or not he was entitled under s 17(1)(e) of the Police and Criminal Evidence Act 1984 to use force to enter and search premises, without a warrant, for the purpose of ‘saving life or limb or preventing serious damage to property’ was whether some serious or dangerous incident had occurred, or was likely to occur, within the premises, and not the officer’s ‘concern for the welfare’ of someone in the premises.”

WLR Daily, 14th January 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.

Gillan and Quinton v United Kingdom – Times Law Reports

Posted January 15th, 2010 in law reports by sally

Gillan and Quinton v United Kingdom

European Court of Human Rights

Police stop and search powers under anti-terrorism legislation in the United Kingdom were too wide and not adequately safeguarded by the law against abuse.

The Times, 15th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2009] EWCA Civ 1362 (18 December 2009)

BP Shipping Ltd v Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership [2009] EWCA Civ 1407 (21 December 2009)

O M (Children) v Local Authority & Ors [2009] EWCA Civ 1405 (21 December 2009)

Wild v Secretary of State for Environment, Food and Rural Affairs & Anor [2009] EWCA Civ 1406 (21 December 2009)

Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)

Parkinson Engineering Services Plc v Swan & Anor [2009] EWCA Civ 1366 (21 December 2009)

Lewis, R (on the application of) v HM Coroner for the Mid & North Division of the County of Shropshire & Anor [2009] EWCA Civ 1403 (21 December 2009)

Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)

Court of Appeal (Criminal Division)

Marsh, R v [2009] EWCA Crim 2696 (21 December 2009)

Monaghan & Ors v R. [2009] EWCA Crim 2699 (21 December 2009)

Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)

Norris, R v [2009] EWCA Crim 2697 (21 December 2009)

High Court (Chancery Division)

Ross & Anor v HM Revenue & Customs [2010] EWHC 13 (Ch) (12 January 2010)

High Court (Commercial Court)

Dalwood Marine Co v Nordana Line A/S [2009] EWHC 3394 (Comm) (21 December 2009)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2009] EWHC 3314 (Comm) (21 December 2009)

High Court (Family Division)

Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

High Court (Technology and Construction Court)

European Dynamics SA v HM Treasury [2009] EWHC 3419 (TCC) (23 December 2009)

Crowley (t/a Crowley Civil Engineers v Rushmoor Borough Council [2010] EWHC 2237 (TCC) (10 January 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 12th, 2010 in law reports by sally

High Court (Administrative Court)

Gray v Secretary of State for Justice & Anor [2010] EWHC 2 (Admin) (11 January 2010)

British Gurkha Welfare Society & Ors v Ministry of Defence [2010] EWHC 3 (Admin) (11 January 2010)

High Court (Technology and Construction Court)

RWE Npower Plc v Alstom Power Ltd [2009] EWHC B40 (TCC) (23 December 2009)

Source: www.bailii.org

Regina v Gilham – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Regina v Gilham

Court of Appeal

“Images on the screen constituted sufficient evidence of data copied on to the random access memory of a computer, being used for playing counterfeit games, to establish a breach of copyright offence.”

The Times, 12th January 2010

Source: www.timesonline.co.uk

Cavel USA Inc and Another v Seaton Insurance Co and Another – Times Law Reports

Posted January 12th, 2010 in law reports by sally

Cavel USA Inc and Another v Seaton Insurance Co and Another

Court of Appeal

“The concept of ‘fraud’ in an English commercial law context in a case having an international flavour, was not confined to deceit flowing from fraudulent misrepresentation; it had a much wider application and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

The Times, 12th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 11th, 2010 in law reports by sally

High Court (Chancery Division)

Delaney v Chen & Anor [2010] EWHC 6 (Ch) (08 January 2010)

High Court (Patents Court)

Molnlycke Health Care Ab & Anor v BSN Medical Ltd & Anor [2009] EWHC 3370 (Pat) (17 December 2009)

Source: www.bailii.org

Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another – Times Law Reports

Posted January 11th, 2010 in law reports by sally

Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another

Court of Appeal

“There was only a power, but not a duty, on a coroner to leave possibly, but not probably causative matters to the jury.”

The Times, 11th January 2010

Source: www.timesonline.co.uk

Industrious Ltd v Vincent – Times Law Reports

Posted January 11th, 2010 in law reports by sally

Industrious Ltd v Vincent

Employment Appeal Tribunal

“An employment tribunal had jurisdiction to determine whether a compromise agreement which satisfied section 203(3) of the Employment Rights Act 1996 and which would otherwise prevent the claimant from pursuing an unfair dismissal claim was unenforceable because of misrepresentation.”

The Times, 11th January 2010

Source: www.timesonline.co.uk

Miller-Smith v Miller-Smith – Times Law Reports

Posted January 8th, 2010 in law reports by sally

Miller-Smith v Miller-Smith

Court of Appeal

“On an application by a separated spouse to order a sale of the matrimonial home in advance of any divorce decree, the court should ask itself whether the issue raised by the application could reasonably be left to be resolved within an application for ancillary relief following divorce.”

The Times, 8th January 2010

Source: www.timesonline.co.uk

Regina v Reed and Reed; Regina v Garmson – Times Law Reports

Posted January 8th, 2010 in law reports by sally

Regina v Reed and Reed; Regina v Garmson

Court of Appeal (Criminal Division)

“Evidence from a forensic science officer with scenes of crime experience was admissible to give possible explanations for the presence of DNA where it had been found and to evaluate those possibilities.”

The Times, 8th January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v C & Ors [2009] EWCA Crim 2614 (11 December 2009)

Loftus & Anor, R. v [2009] EWCA Crim 2688 (09 December 2009)

Despaigne-Pellon, R. v [2009] EWCA Crim 2580 (20 November 2009)

High Court (Chancery Division)

Murray Vernon Holdings Ltd v Hassall & Ors [2010] EWHC 7 (Ch) (07 January 2010)

Shaw & Anor v MFP Foundations & Piling Ltd [2010] EWHC 9 (Ch) (06 January 2010)

High Court (Queen’s Bench Division)

British Telecommunications Plc v Royal Mail Group Ltd [2010] EWHC 8 (QB) (07 January 2010)

Source: www.bailii.org

Regina v Maina; Regina v Saddique; Regina v Kika – Times Law Reports

Posted January 7th, 2010 in law reports by sally

Regina v Maina; Regina v Saddique; Regina v Kika

Court of Appeal (Criminal Division)

“The use of a knife to commit murder was a factor that aggravated the seriousness of that offence for the purpose of sentencing.”

The Times, 6th January 2010

Source: www.timesonline.co.uk

Iqbal v Prison Officers Association – Times Law Reports

Posted January 7th, 2010 in law reports by sally

Iqbal v Prison Officers Association

Court of Appeal

“A prisoner whose daily routine of leaving his cell for the purpose of working, exercise and health care was disrupted by unlawful strike action by prison officers, resulting in the prisoner being confined to his cell, did not have a claim for false imprisonment against the officers.”

The Times, 6th January 2010

Source: www.timesonline.co.uk