law reports – Page 286 – Current Awareness

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Gargett v Lambeth London Borough Council – Times Law Reports

Posted March 20th, 2009 in benefits, housing, law reports, rent by sally

Gargett v Lambeth London Borough Council

Court of Appeal

“An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs payment.”

The Times, 20th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (AM and Others) v Secretary of State for the Home Department and Another – Times Law Reports

Posted March 20th, 2009 in detention, human rights, immigration, law reports by sally

Regina (AM and Others) v Secretary of State for the Home Department and Another

Court of Appeal

“Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom’s obligation under article 3 of the European Convention on Human Rights.”

The Times, 20th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chopra v Bindra [2009] EWCA Civ 203 (19 March 2009)

Hatzl & Anor v XL Insurance Company Ltd [2009] EWCA Civ 223 (19 March 2009)

High Court (Queen’s Bench Division)

Byblos International Fund Llc v IFX Markets Ltd [2009] EWHC 346 (QB) (27 February 2009)

High Court (Chancery Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2009] EWHC 497 (Ch) (19 March 2009)

Tamlura NV v CMS Cameron MckEnna [2009] EWHC 538 (Ch) (19 March 2009)

High Court (Administrative Court)

G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin) (18 March 2009)

High Court (Technology and Construction Court)

Resthaven Properties Ltd v Kier Regional Ltd [2009] EWHC 542 (TCC) (05 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2009 in law reports by sally

High Court (Chancery Division)

Menolly Investments 3 Sarl v Cerep Sarl [2009] EWHC 516 (Ch) (18 March 2009)

High Court (Family Division)

Bury Metropolitan Borough Council v D [2009] EWHC 446 (Fam) (04 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted March 19th, 2009 in law reports by sally

King (Respondent) v Director of the Serious Fraud Office (Appellant) (On Appeal from the Court of Appeal Criminal Division) [2009] UKHL 17 (18 March 2009)

Source: www.parliament.uk

Bole and another v Huntsbuild Ltd and another – WLR Daily

Posted March 19th, 2009 in defective premises, law reports by sally

Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98

“A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was to be construed as extending to defects of quality rendering the dwelling unsuitable for its purpose as well as to dangerous defects, regardless of whether such a defect was confined to one part of the dwelling or whether the effects of the defect were evident at the time when the dwelling was completed; and where there were a number of defects, it was necessary to consider the effect of the defects as a whole.”

WLR Daily, 17th March 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.

King v Serious Fraud Office – Times Law Reports

Posted March 19th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Serious Fraud Office

House of Lords

“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”

The Times, 19th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

Posted March 19th, 2009 in committals, contact orders, contempt of court, jurisdiction, law reports by sally

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Balshaw v Crown Prosecution Service [2009] EWCA Crim 470 (18 March 2009)

Harvey v R. [2009] EWCA Crim 469 (18 March 2009)

Court of Appeal (Civil Division)

Secretary of State for Communities & Local Government & Anor v Bleaklow Industries Ltd & Anor [2009] EWCA Civ 206 (18 March 2009)

Associated British Ports v Ferryways NV & Anor [2009] EWCA Civ 189 (18 March 2009)

Al-Sirri v Secretary of State for the Home Department & Anor [2009] EWCA Civ 222 (18 March 2009)

Momson v Azeez [2009] EWCA Civ 202 (18 March 2009)

T (A Child), Re [2009] EWCA Civ 121 (04 March 2009)

High Court (Chancery Division)

Grender & Ors v Dresden & Ors [2009] EWHC 500 (Ch) (18 March 2009)

Source: www.bailii.org

United States Securities and Exchange Commission v Manterfield – Times Law Reports

Posted March 18th, 2009 in enforcement, foreign jurisdictions, freezing injunctions, law reports by sally

United States Securities and Exchange Commission v Manterfield

Court of Appeal

“A regulatory body in the United States seeking to enforce disgorgement of proceeds of alleged fraud could be granted a freezing order over assets in the United Kingdom.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports

Posted March 18th, 2009 in human rights, law reports, school exclusions, standard of proof by sally

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others

Queen’s Bench Division

“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd – Times Law Reports

Posted March 18th, 2009 in law reports, public interest, undertakings, winding up by sally

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd

Court of Appeal

“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Johnson (RT) v R [2009] EWCA Crim 468 (17 March 2009)

Court of Appeal (Civil Division)

AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2009] EWCA Civ 219 (17 March 2009)

Anglo Continental Educational Group (GB) Ltd v Capital Homes (Southern) Ltd (Rev 1) [2009] EWCA Civ 218 (17 March 2009)

High Court (Administrative Court)

Fraser, R (on the application of) v National Institute for Health & Clinical Excellence & Anor [2009] EWHC 452 (Admin) (13 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Paulin v Paulin [2009] EWCA Civ 221 (17 March 2009)

London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220 (17 March 2009)

High Court (Chancery Division)

Revenue & Customs v The Boots Company Plc [2009] EWHC 487 (Ch) (16 March 2009)

High Court (Administrative Court)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court & Anor [2009] EWHC 489 (Admin) (16 March 2009)

Siddall, R (on the application of) v Secretary of State for Justice [2009] EWHC 482 (Admin) (16 March 2009)

Brett v Director of Public Prosecutions [2009] EWHC 440 (Admin) (16 March 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AM v Local Authority & Anor [2009] EWCA Civ 205 (16 March 2009)

High Court (Queen’s Bench Division)

Harrison v Harrison [2009] EWHC 428 (QB) (06 February 2009)

Sports Network Ltd v Calzaghe [2009] EWHC 480 (QB) (16 March 2009)

High Court (Administrative Court)

B, R (on the application of) v Cornwall County Council & Anor [2009] EWHC 491 (Admin) (16 March 2009)

Source: www.bailii.org

Sinclair v Glatt and others – WLR Daily

Posted March 17th, 2009 in assets recovery, expenses, law reports, receivers, remuneration by sally

Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97

“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”

WLR Daily, 16th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Zeca – Times Law Reports

Posted March 17th, 2009 in law reports, robbery, sentencing, suspended sentences by sally

Regina v Zeca

Court of Appeal (Criminal Division)

“It would be unjust to activate a completed unpaid work requirement attached to a suspended order of imprisonment where an offender breached the suspended order by committing a further offence.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Edwards (Sharon) – Times Law Reports

Posted March 17th, 2009 in children, law reports, sentencing, sexual offences by sally

Regina v Edwards (Sharon)

Court of Appeal (Criminal Division)

“Legislation criminalising sexual activity with a child did not make any distinction according to whether the victim was a girl or a boy and, in sentencing for such an offence, the court should not do so either.”

The Times, 17th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.