Day: 2 June 2010

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily

Posted June 2nd, 2010 in landlord & tenant, law reports by sally

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch); [2010] WLR (D) 138

“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

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

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

Posted June 2nd, 2010 in consumer protection, defective goods, law reports, substitution, Supreme Court by sally

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

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.

Jones v Kernott – WLR Daily

Posted June 2nd, 2010 in appeals, cohabitation, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010

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.

Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily

Posted June 2nd, 2010 in appeals, contract of employment, damages, disciplinary procedures, hospitals, law reports by sally

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135

“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”

WLR Daily, 27th May 2010

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.

Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same – Times Law Reports

Posted June 2nd, 2010 in law reports by sally

Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same

Court of Appeal

“Where a trader knew or should have known that by his purchase he was participating in a transaction connected with fraudulent evasion of value-added tax he lost his right to deduct input tax.”

The Times, 2nd June 2010

Source: www.timesonline.co.uk

Regina v Lancaster – Times Law Reports

Posted June 2nd, 2010 in law reports by sally

Regina v Lancaster

Court of Appeal (Criminal Division)

“The jury had to decide on the facts of the case whether an omission in a claim form was significant.”

The Times, 2nd June 2010

Source: www.timesonline.co.uk

11th Programme of Law Reform – Consultation – Law Commission

Posted June 2nd, 2010 in consultations, Law Commission, news by sally

“We regularly consult on projects to be included in our programmes of law reform. We are now looking for suggestions for our Eleventh Programme.”

Full story

Law Commission, 1st June 2010

Source: www.lawcom.gov.uk

Jim Watts is serving 12 years for abusing disabled women but is he a victim of a miscarriage of justice? – The Guardian

Posted June 2nd, 2010 in disabled persons, miscarriage of justice, news, rape, sentencing, sexual offences, witnesses by sally

“Jim Watts, 57, a former disability bus driver, is serving a 12-and-a-half year jail sentence for sexually assaulting four severely mentally and physically disabled women.But there are serious concerns, raised by his legal team, that Watts, a married father of two, has been the victim of a gross miscarriage of justice, and that his case could serve as a significant deterrent to people thinking of working with severely disabled people.”

Full story

The Guardian, 2nd June 2010

Source: www.guardian.co.uk

Digital Economy Act: Ofcom consults on blacklisting infringers – OUT-LAW.com

Posted June 2nd, 2010 in consultations, copyright, internet, legislation, news, telecommunications by sally

“Small ISPs, mobile operators and Wi-Fi providers like hotels and coffee shops will be exempt from a notification and blacklisting process under the Digital Economy Act, at least initially, according to a draft Code published by Ofcom.”

Full story

OUT-LAW.com, 1st June 2010

Source: www.out-law.com