Day: 17 November 2009

Southern Pacific Personal Loans Ltd v Walker and another [2009] EWCA Civ 1176 ; [2009] WLR (D) 333

“A credit broker’s administration fee entered into the ‘charge for credit’ and did not form part of the total ‘amount of credit’ for the purposes of the Consumer Credit Act 1974, even though payment of the fee was deferred and interest was charged on the amount of the fee remaining unpaid . Nothing in the 1974 Act or in the relevant Regulations prohibited the inclusion of the charge for credit in the consumer credit agreement as part of the ‘total amount financed’ or rendered a consumer credit agreement so drafted totally unenforceable.”

WLR Daily, 16th November 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.

Independent News and Media Ltd and Others v A [2009] EWHC 2858 (Fam); [2009] WLR (D) 332

“Since Court of Protection proceedings were within the recognised exceptions to the open justice principle article 10 rights were not immediately engaged and it was for an applicant to demonstrate ‘good reason’ before the court was obligated to conduct the conventional balancing exercise between article 10 and article 8 rights.”

WLR Daily, 16th November 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 (Ethos Recycling Ltd) v Barking and Dagenham Magistrates’ Court [2009] EWHC 2885 (Admin); [2009] WLR (D) 331

“The term ‘summary proceedings’  in s 79 (10) of the Environmental Protection Act 1990 did not include the service of a notice of abatement under s 80 of the Act.”

WLR Daily, 16th November 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.

Maher and another v Groupama Grand Est [2009] EWCA Civ 1191; [2009] WLR (D) 330

“While the existence of a legal right to claim interest was properly to be classified as a substantive matter to be determined by reference to the lex causae, an award of interest under s 35A of the Senior Courts Act 1981, as inserted, was a remedy governed by the lex fori.”

WLR Daily, 16th November 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.

Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166; [2009] WLR (D) 329

 “For the purpose of accrual of a cause of action in the tort of negligence, damage which flowed from an unsecured contingent liability incurred by the claimant insurer, under after the event legal expenses insurance policies, was suffered at the time when the cover creating the contingent liability was issued to the defendant solicitors to protect the litigation costs and expenses of litigants, and not at the time when the litigants’ claims failed causing financial loss to the insurer.”

WLR Daily, 16th November 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 Orr

Court of Appeal

“A sentence which was increased after the Attorney-General made a reference, did not start to be served when the defendant presenting himself at a police station unless he was detained.”

The Times, 17th November 2009

Source: www.timesonline.co.uk

Independent News and Media Ltd and Others v A

Family Division

“Court of Protection proceedings were within the recognised exceptions to the open justice principle. Since article 10 of the European Convention on Human Rights, guaranteeing freedom of expression, was not thus immediately engaged, it was for an applicant to demonstrate good reason for publicity before the court was obliged to conduct the conventional balancing exercise between rights under article 10 and article 8, protecting the right to privacy.”

The Times, 17th November 2009

Source: www.timesonline.co.uk