Category: law reports

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) – WLR Daily

Posted January 21st, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9

“When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened had the solicitors performed the undertakings at the time they were given.”

WLR Daily, 20th January 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 January 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ZH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 8 (19 January 2009)

High Court (Administrative Court)

SP v Secretary of State for Justice [2009] EWHC 13 (Admin) (19 January 2009)

High Court (Chancery Division)

Angel Solicitors (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch) (19 January 2009)

High Court (Queen’s Bench Division)

Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)

Source: www.bailii.org    

 

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Posted January 20th, 2009 in contracts, electronic mail, insurance, law reports by sally

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Court of Appeal

“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”

The Times, 20th January 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.

R v Khan and others – WLR Daily

Posted January 20th, 2009 in causing death of children or vulnerable adults, domestic violence, law reports by sally

R v Khan and others [2009] EWCA Crim 2; [2009] WLR (D) 8

“Where a member of the same household as a child or vulnerable adult was charged with allowing his or her death, the question whether the defendant had had frequent contact with him or her was a free-standing question, unrelated to issues whether that person had been, or ought to have been, aware of the risk of serious harm to the child or vulnerable adult, and whether the unlawful act had occurred in circumstances of the kind which the defendant had foreseen or ought to have foreseen.”

WLR Daily, 16th January 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.

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

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

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”

WLR Daily, 16th January 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 January 19th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)

Source: www.bailii.org

Silberquelle GmbH v Maselli-Strickmode GmbH – WLR Daily

Posted January 19th, 2009 in law reports, trade marks by sally

Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6

“Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art 12(1) of Directive 89/104.”

WLR Daily, 16th January 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 (British Medical Association) v General Medical Council – Times Law Reports

Posted January 19th, 2009 in age discrimination, law reports by sally

Regina (British Medical Association) v General Medical Council

Queen’s Bench Division

“There could be no legitimate expectation that a policy would be continued once it it had become known that it was unlawful.”

The Times, 19th January 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 January 16th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Khan & Ors, R v [2009] EWCA Crim 2 (16 January 2009)

Saw & Ors, R v [2009] EWCA Crim 1 (16 January 2009)

Court of Appeal (Civil Division)

Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 (16 January 2009)

VW (Uganda) v Secretary of State for the Home Department [2009] EWCA Civ 5 (16 January 2009)

High Court (Chancery Division)

Revenue & Customs v Livewire Telecom Ltd [2009] EWHC 15 (Ch) (16 January 2009)

High Court (Technology and Construction Court)

Quartzelec Ltd v Honeywell Control Systems Ltd [2008] EWHC 3315 (TCC) (5 December 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Lewis, R (on the application of) v Redcar & Cleveland Borough Council & Anor [2009] EWCA Civ 3 (15 January 2009)

MA (Somalia) v Secretary of State for Home Department [2009] EWCA Civ 4 (15 January 2009)

Bulkhaul Ltd v Rhodia Organique Fine Ltd [2008] EWCA Civ 1452 (18 December 2008)

High Court (Queen’s Bench Division)

V, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 3157 (QB) (18 December 2008)

High Court (Administrative Division)

TS, R (on the application of) v Bowen (Chair of Sendist) & Anor [2009] EWHC 5 (Admin) (14 January 2009)

Source: www.bailii.org

Jones v Attrill – Times Law Reports

Posted January 16th, 2009 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill

Court of Appeal

“A solicitor was required to notify his client if he had an interest in recommending a particular insurance policy covering conditional fee agreements, if a reasonable person, knowing the relevant facts, would think that that interest might affect the advice the solicitor gave to his client.”

The Times, 16th January 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.

Ansari v Ansari – Times Law Reports

Posted January 16th, 2009 in financial provision, law reports, matrimonial home, setting aside, third parties by sally

Ansari v Ansari

Court of Appeal

“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”

The Times, 16th January 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 January 15th, 2009 in law reports by sally

Emmott v Michael Wilson & Partners Ltd [2009] EWHC 1 (Comm) (12 January 2009)

Source: www.bailii.org

Portman Estate Nominees (One) Ltd and Another v Ackerman and Another – Times Law Reports

Posted January 15th, 2009 in enfranchisement, law reports, leases by sally

Portman Estate Nominees (One) Ltd and Another v Ackerman and Another

Court of Appeal

“Service of a notice by a tenant seeking to acquire a new lease of a flat had the effect of preserving the position pending determination of the claim and did not provide for continuation of only a part of the lease.”

The Times, 15th January 2009

Source: www.timesonline.co.uk

Freeguard and Another v Marlet Homes Ltd – Times Law Reports

Posted January 15th, 2009 in defamation, law reports by sally

Freeguard and Another v Marlet Homes Ltd

Court of Appeal

“The words ‘Let me know if he is abusive to you’ were not in their ordinary and natural meaning capable of bearing any defamatory meaning or innuendo.”

The Times, 15th January 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 January 14th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Joynson, R. v [2008] EWCA Crim 3049 (26 November 2008)

High Court (Queen’s Bench Division)

Birmingham City Council v Forde [2009] EWHC 12 (QB) (13 January 2009)

High Court (Family Division)

S (A Child) v Rochdale Metropolitan Borough Council & Anor [2008] EWHC 3283 (Fam) (31 December 2008)

High Court (Commercial Court)

Emmott v Michael Wilson & Partners Ltd [2009] EWHC 1 (Comm) (12 January 2009)

High Court (Technology and Construction Court)

Edmond Stern Settlement, Trustees of v Levy (t/a Simon Levy Associates) [2009] EWHC 14 (TCC) (13 January 2009)

Source: www.bailii.org

Regina (Shields) v Secretary of State for Justice – Times Law Reports

Posted January 14th, 2009 in law reports, pardons, royal prerogative by sally

Regina (Shields) v Secretary of State for Justice

Queen’s Bench Divisional Court

“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”

The Times, 14th January 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.

Moriarty and Another v Atkinson and Others – Times Law Reports

Posted January 14th, 2009 in breach of trust, law reports by sally

Moriarty and Another v Atkinson and Others

Court of Appeal

“If a company, in breach of its promise to a payer to keep money in a separate client account to be held on trust, paid it into a deficit current account to be used to settle the company’s debts, the payer could not trace the money paid into the current account since he acquired no proprietary right to trace the money in question which had disappeared before forming trust fund in the client account. ”

The Times, 14th January 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 January 12th, 2009 in law reports by sally

High Court (Chancery Division)

Forrester Ketley & Co v Brent [2008] EWHC 3150 (Ch) (19 December 2008)

Capital Cranfield Trustees Ltd v Beck & Anor [2008] EWHC 3181 (Ch) (19 December 2008)

Source: www.bailii.org

Regina v Winters – Times Law Reports

Posted January 12th, 2009 in confiscation, drug trafficking, law reports by sally

Regina v Winters

Court of Appeal (Criminal Division)

“For the purpose of making the required assumptions in order to determine whether a defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that the defendant had made payments out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

The Times, 12th January 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.