Category: law reports

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

Posted December 17th, 2009 in arbitration, enforcement, law reports, limitations by sally

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

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.

Wallis v Bristol Water Plc – WLR Daily

Posted December 17th, 2009 in contamination, law reports, statutory interpretation, water by sally

Wallis v Bristol Water Plc [2009] WLR (D) 362

“For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was “likely to cause contamination” of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 the water undertaker had to show that there was a real possibility that the manner of connection of the water fitting would cause contamination.”

WLR Daily, 14th December 2009

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.

Pedro v Secretary of State for Work and Pensions – WLR Daily

Posted December 17th, 2009 in citizenship, EC law, freedom of movement, law reports by sally

Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; [2009] WLR (D) 363

“A dependent family member of an EU national who retained worker status should be treated as living in Great Britain under the terms of art 2 of Council Directive 2004/38/EC (the Citizenship Directive) for the purpose of considering the dependent’s eligibility for a United Kingdom pension credit.”

WLR Daily, 15th December 2009

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.

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same – WLR Daily

Posted December 17th, 2009 in EC law, fixed-term contracts, law reports, teachers, unfair dismissal by sally

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same [2009] EWCA Civ 1355; [2009] WLR (D) 36

“The rule embodied in the staff regulations made by the board of governors of the European Schools, limiting to nine years the period of employment of teachers seconded by the Department of Children, Schools and Families to work in the schools, did not meet the objective justification required by Council Directive 99/70/EC and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.”

WLR Daily, 15th December 2009

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 S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted December 17th, 2009 in care orders, child abuse, law reports, parental responsibility, standard of proof by sally

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

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.

Financial Times Ltd and Others v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Financial Times Ltd and Others v United Kingdom

European Court of Human Rights

“The public interest in the protection of journalists’ sources was sufficient to outweigh any threat of damage through future dissemination of a company’s confidential information or any possibility of obtaining damages for past breaches of confidence, even if considered cumulatively.”

The Times, 16th December 2009

Source: www.timesonline.co.uk

Axa Insurance Ltd v Akhter & Darby and Others – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Axa Insurance Ltd v Akhter & Darby and Others

Court of Appeal

“An insurer’s cause of action for negligent advice by insured solicitors accrued when after-the-event insurance cover, creating contingent liability, had been issued to defendant solicitors to protect costs and expenses of litigants to bring actions and not when the litigants’ claims failed thereby causing financial loss to the insurer.”

The Times, 15th December 2009

Source: www.timesonline.co.uk

Omojudi v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Omojudi v United Kingdom

European Court of Human Rights

“Deporting a sex offender who had indefinite leave to remain and had lived in the United Kingdom for 26 years was disproportionate and a breach of his right to a family life.”

The Times, 15th December 2009

Source: www.timesonline.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted December 17th, 2009 in copyright, damages, enforcement, law reports by sally

Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367

“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”

WLR Daily, 16th December 2009

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 December 16th, 2009 in law reports by sally

Supreme Court

S-B Children, Re [2009] UKSC 17 (14 December 2009)

Court of Appeal (Civil Division)

Easyjet Airline Co Ltd, R (on the application of) v Civil Aviation Authority [2009] EWCA Civ 1361 (15 December 2009)

Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

British Telecommunications Plc v The Office of Communications [2009] EWCA Civ 1360 (15 December 2009)

High Court (Chancery Division)

Red River UK Ltd & Anor v Sheikh & Anor [2009] EWHC 3257 (Ch) (24 November 2009)

Walsh v Singh & Anor [2009] EWHC 3219 (Ch) (15 December 2009)

Vision Express (UK) Ltd v Revenue & Customs [2009] EWHC 3245 (Ch) (15 December 2009)

Lehman Brothers International (Europe) v CRC Credit Fund Ltd & Ors [2009] EWHC 3228 (Ch) (15 December 2009)

High Court (Family Division)

R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

High Court (Administrative Court)

Aamer v Secretary of State for Foreign and Commonwealth Affairs [2009] EWHC 3316 (Admin) (15 December 2009)

Baker, R (on the application of) v Bath and North East Somerset Council [2009] EWHC 3320 (Admin) (15 December 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films Ltd [2009] EWHC 3315 (Comm) (15 December 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 15th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Cotton v Secretary of State for Works and Pensions [2009] EWCA Civ 1333 (14 December 2009)

Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358 (14 December 2009)

Duncombe & Ors v Secretary of State for Children, Schools & Families [2009] EWCA Civ 1355 (14 December 2009)

JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 (14 December 2009)

KH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1354 (14 December 2009)

High Court (Chancery Division)

South Somerset District Council v Tonstate (Yeovil Leisure) Ltd [2009] EWHC 3308 (Ch) (14 December 2009)

High Court (Technology and Construction Court)

Fenice Investments Inc v Jerram Falkus Construction Ltd [2009] EWHC 3272 (TCC) (07 December 2009)

Source: www.bailii.org

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) – WLR Daily

Posted December 14th, 2009 in law reports, sewerage, water by sally

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360

“S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the sewer as it currently existed.”

WLR Daily, 11th December 2009

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 December 14th, 2009 in law reports by sally

Court of Appeal (Civil Division)

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330 (11 December 2009)

High Court (Queen’s Bench Division)

Cooper v National Westminster Bank Plc [2009] EWHC 3035 (QB) (07 December 2009)

High Court (Chancery Division)

Sutton & Ors v England & Ors [2009] EWHC 3270 (Ch) (11 December 2009)

The Trademark Licensing Company Ltd & Anor v Leofelis SA [2009] EWHC 3285 (Ch) (11 December 2009)

National Westminster Bank v Kotonou [2009] EWHC 3309 (Ch) (11 December 2009)

Wilson & Anor v Grainger [2009] EWHC 3145 (Ch) (04 December 2009)

High Court (Administrative Court)

Jenkins, R (on the application of) v HM Coroner for Portsmouth & South & Ors [2009] EWHC 3229 (Admin) (11 December 2009)

Emmanuel v South Gloucestershire Primary Care Trust & Anor [2009] EWHC 3260 (Admin) (11 December 2009)

Garbet, R (on the application of) v Circle 33 Housing Trust [2009] EWHC 3153 (Admin) (07 December 2009)

High Court (Commercial Court)

Africa Express Line Ltd (“Ael”) v Socofi SA (“Socofi”) & Anor [2009] EWHC 3223 (Comm) (11 December 2009)

SC BTA Bank v Ablyazov & Anor [2009] EWHC 3267 (Comm) (11 December 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Davill v Pull & Anor [2009] EWCA Civ 1309 (10 December 2009)

Sulaman v Axa Insurance Plc & Anor [2009] EWCA Civ 1331 (11 December 2009)

High Court (Administrative Court)

Vtesse Networks Ltd, R (on the application of) v North West Wiltshire Magistrates Court [2009] EWHC 3283 (Admin) (10 December 2009)

Barratt Developments Plc v City of Wakefield Metropolitan District Council & Anor [2009] EWHC 3208 (Admin) (10 December 2009)

High Court (Chancery Division)

Secretary of State for Business Innovation and Skills v Aaron & Ors [2009] EWHC 3263 (Ch) (10 December 2009)

Cemex UK Marine Ltd v MNOPF Trustees Ltd [2009] EWHC 3258 (Ch) (10 December 2009)

High Court (Commercial Court)

Ariela, The Owners of the Ship v Kamal XXVI, The Owners And/or Demise Charterers of the Dredger [2009] EWHC 3256 (Comm) (10 December 2009)

Karafarin Bank v Dara [2009] EWHC 3265 (Comm) (10 December 2009)

Source: www.bailii.org

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted December 11th, 2009 in law reports by sally

Regina (A) v Director of Establishments of the Security Service

Supreme Court

“A challenge to the refusal to allow a former member of the Security Service to publish a book about his work on the ground that it violated the right to freedom of expression guaranteed by article 10 of the European Convention on Human Rights could only be brought before the Investigatory Powers Tribunal established by the Regulation of Investigatory Powers Act 2000. The High Court had no jurisdiction to hear such a matter against the intelligence services.”

The Times, 11th December 2009

Source: www.timesonline.co.uk

Glaister and others v Appleby-in-Westmorland Town Council – WLR Daily

Posted December 10th, 2009 in compensation, duty of care, horses, law reports, local government, personal injuries by sally

Glaister and others v Appleby-in-Westmorland Town Council [2009] EWCA Civ 1325; [2009] WLR (D) 359

 “A local council did not owe a duty of care to claimants to arrange public liability insurance to cover the risk of injury occurring at a long-established horse fair taking place on land part of which it owned, nor to ensure safe segregation and supervision of tethered horses.”

WLR Daily, 10th December 2009

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 Horncastle and anotherl; Regina v Marquis and another – WLR Daily

Posted December 10th, 2009 in hearsay evidence, human rights, law reports, victims by sally

Regina v Horncastle and anotherl; ReginaMarquis and another [2009] UKSC 14; [2009] WLR (D) 358

“Provided the provisions of the Criminal Justice Act 2003 were observed, a defendant’s right to a fair trial, guaranteed art 6(3)(d) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be infringed where his conviction was based solely or to a decisive extent on the written statement of an absent witness.”

WLR Daily, 10th December 2009

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 IB – WLR Daily

Posted December 10th, 2009 in competition, Crown Court, EC law, jurisdiction, law reports, price fixing by sally

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 2009

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 December 10th, 2009 in law reports by sally

Supreme Court

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13 (09 December 2009)

Horncastle & Ors, R. v [2009] UKSC 14 (09 December 2009)

A, R (on the application of)v B [2009] UKSC 12 (09 December 2009)

Court of Appeal (Civil Division)

Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)

Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)

Dhami & Anor v Lloyds TSB General Insurance Ltd [2009] EWCA Civ 1326 (09 December 2009)

Court of Appeal (Criminal Division)

IB v R [2009] EWCA Crim 2575 (09 December 2009)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2009] EWHC 3207 (Comm) (09 December 2009)

High Court (Queen’s Bench Division)

Lord Chancellor v Purnell & Anor [2009] EWHC 3158 (QB) (07 December 2009)

Hughes v Risbridger & Anor [2009] EWHC 3244 (QB) (09 December 2009)

High Court (Technology and Construction Court)

Anglo Swiss Holdings Ltd & Anor v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)

Source: www.bailii.org

Regina v Horncastle and Another; Regina v Marquis and Another – Times Law Reports

Posted December 10th, 2009 in law reports by sally

Regina v Horncastle and Another; Regina v Marquis and Another

Supreme Court

“A defendant’s right to a fair trial guaranteed by article 6 of the European Convention on Human Rights would not be violated where his conviction was based solely or to a decisive extent on the statement of an absent witness, provided that the provisions of the Criminal Justice Act 2003 were observed.”

The Times, 10th December 2009

Source: www.timesonline.co.uk