Category: law reports

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA – Times Law Reports

Posted February 16th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA Case C-549/07

Court of Justice of the European Communities

“A technical problem in an aircraft which led to the cancellation of a flight did not constitute a sufficiently extraordinary circumstance to justify the carrier refusing to pay compensation to passengers unless the problem stemmed from events which, by their nature or origin, were not inherent in the normal exercise of the carrier’s activity and were beyond its actual control.”

The Times, 16th February 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 February 13th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Campbell & Ors, R v [2009] EWCA Crim 50 (02 February 2009)

High Court (Technology and Construction Court)

Carillion JM Ltd v Bath & North East Somerset Council & Anor [2009] EWHC 166 (TCC) (05 February 2009)

Source: www.bailli.org

British Broadcasting Corporation v Sugar and another – WLR Daily

Posted February 13th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and another [2009] UKHL 9; [2009] WLR (D) 51

“The BBC was a public authority for the purposes of the Freedom of Information Act 2000 so that a request for information which the BBC claimed was held for the purposes of journalism, and was therefore excluded from the requirements of disclosure, was subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held for the purposes of art, journalism or literature.”

WLR Daily, 12th February 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.

Kelly and another v GE Healthcare Ltd – WLR Daily

Posted February 13th, 2009 in compensation, law reports, patents by sally

Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50

“Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. Compensation for an invention of  ‘outstanding benefit’ was to be determined in accordance with all available evidence, as per s 41 of the 1977 Act, so as to secure a just and fair reward to the employee, neither limiting the employee to compensation for loss or damage, nor placing the employee in as strong a position as an external patentee or licensor.”

WLR Daily, 12th February 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 Overnight Ltd; Goldfarb v Higgins and others – WLR Daily

Posted February 13th, 2009 in fraudulent trading, law reports, limitations, winding up by sally

In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49

“The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed.”

WLR Daily, 12th February 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 (Liverpool City Council) v Hillingdon London Borough Council and Another – Times Law Reports

Posted February 13th, 2009 in asylum, children, law reports, local government, social services by sally

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another

Court of Appeal

“A local authority had failed to carry out its duty under section 20 of the Children Act 1989 when dealing with an asylum-seeker who claimed to be a child because it did not carry out an assessment of his welfare needs, or of the kind of accommodation that would be required to meet them.”

The Times, 13th February 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.

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and Another v West Tankers Inc

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 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 February 12th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Roberts v Chief Constable of Kent [2008] EWCA Civ 1588 (17 December 2008)

Court of Appeal (Civil Division)

Greene Wood & McLean Llp v Templeton Insurance Ltd [2009] EWCA Civ 65 (12 February 2009)

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg (Rev 1) [2009] EWCA Civ 26 (12 February 2009)

Bedfordshire Police Authority v Constable [2009] EWCA Civ 64 (12 February 2009)

High Court (Administrative Court)

Secretary of State for the Home Department v GG [2009] EWHC 142 (Admin) (12 February 2009)

Kagabo v Secretary of State for the Home Department [2009] EWHC 153 (Admin) (12 February 2009)

High Court (Patents Court)

Kelly & Anor v GE Healthcare Ltd [2009] EWHC 181 (Pat) (11 February 2009)

Source: www.bailii.org.uk

Zipher Ltd v Markem Systems Ltd and another – WLR Daily

Posted February 12th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th February 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.

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th February 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.

R (Liverpool City Council) v Hillingdon London Borough Council – WLR Daily

Posted February 12th, 2009 in asylum, children, law reports, local government, social services by sally

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

“The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself wanted to live in the area of that other authority. S 20 of the Children Act 1989 imposed a duty on the local authority to carry out a proper assessment of the child’s welfare needs and the type and location of accommodation that would meet those needs.”

WLR Daily, 11th February 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.

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th February 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.

British Broadcasting Corporation v Sugar and Another – Times Law Reports

Posted February 12th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and Another

House of Lords

“The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held for the purposes of art, journalism or literature.”

The Times, 12th February 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 February 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

Laker Vent Engineering Ltd v Templeton Insurance Ltd [2009] EWCA Civ 62 (11 February 2009)

High Court (Chancery Division)

Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

High Court (Administrative Court)

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 11th, 2009 in law reports by sally

High Court (Commercial Court)

Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)

High Court (Technology and Construction Court)

Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted February 11th, 2009 in law reports by sally

Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) [2009] UKHL 9 (11 February 2009)

Source: www.parliament.uk

Managa Properties Ltd v Brittain – WLR Daily

Posted February 11th, 2009 in law reports, liquidators, winding up by sally

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42

“Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors’ meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the best interests of the liquidation for such an order to be made.”

WLR Daily, 10th February 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 P [2009] – WLR Daily

Posted February 11th, 2009 in Court of Protection, law reports, mental health, wills by sally

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 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 Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi – Times Law Reports

Posted February 11th, 2009 in failure to disclose information, law reports, sentencing, terrorism by sally

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi

Court of Appeal (Criminal Division)

“The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality which had to be reflected in the sentence.”

The Times, 11th February 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.

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted February 11th, 2009 in law reports, service, service out of jurisdiction, state immunity by sally

NML Capital Ltd v Republic of Argentina

Queen’s Bench Division

“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”

The Times, 11th February 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.