law reports – Page 186 – Current Awareness

Schmitt v Deichmann and others – WLR Daily

Posted January 25th, 2012 in administrators, foreign companies, fraud, insolvency, jurisdiction, law reports by sally

Schmitt v Deichmann and others [2012] EWHC 62 (Ch); [2012] WLR (D) 8

“The court had an inherent jurisdiction under the common law to permit the statutory power under section 423 of the Insolvency Act 1986, preventing transactions defrauding creditors, to be applied to a foreign administrator not falling within the express scope of the 1986 Act.”

WLR Daily, 23rd January 2012

Source: www.iclr.co.uk

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners – WLR Daily

Posted January 25th, 2012 in appeals, customs and excise, forfeiture, law reports by sally

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners [2012] EWCA Civ 15; [2012] WLR (D) 6

“Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist in respect of goods which were under investigation.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Regina v C(S) – WLR Daily

Posted January 25th, 2012 in conspiracy, law reports, locus standi, retrials by sally

Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5

“At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding whether they were sure that the defendant had conspired with a conspirator who had pleaded guilty.”

WLR Daily, 19th January 2012

Source: www.iclr.co.uk

Alstom Transport v Eurostar International Ltd – WLR Daily

Posted January 25th, 2012 in contracts, EC law, law reports, public procurement, state aids, transport by sally

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4

“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Jones, R v [2011] EWCA Crim 3179 (16 December 2011)

Court of Appeal (Civil Division)

Mortgage Express v Butcher & Anor [2012] EWCA Civ 18 (24 January 2012)

Cook v The Mortgage Business Plc [2012] EWCA Civ 17 (24 January 2012)

WHG (International) Ltd & Ors v 32 Red Plc [2012] EWCA Civ 19 (24 January 2012)

High Court (Family Division)

Galloway v Goldstein [2012] EWHC 60 (Fam) (16 January 2012)

NLW v ARC [2012] EWHC 55 (Fam) (13 January 2012)

High Court (Commercial Court)

International Energy Group Ltd v Zurich Insurance Plc UK [2012] EWHC 69 (Comm) (24 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)

Arshad, R. v [2012] EWCA Crim 18 (24 January 2012)

Court of Appeal (Civil Division)

Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)

West Tankers Inc v Allianz SPA & Anor [2012] EWCA Civ 27 (24 January 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2012] EWHC 74 (QB) (24 January 2012)

High Court (Administrative Court)

Cubitt -Smith v Secretary of State for Communities and Local Government & Anor [2012] EWHC 68 (Admin) (24 January 2012)

JB v Director of Public Prosecutions [2012] EWHC 72 (Admin) (24 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Knowles, R. v [2011] EWCA Crim 3102 (16 December 2011)

High Court (Chancery Division)

GHLM Trading Ltd v Maroo & Ors [2012] EWHC 61 (Ch) (23 January 2012)

Levy v Ellis-Carr & Ors [2012] EWHC 63 (Ch) (23 January 2012)

Schmitt v Deichmann & Ors [2012] EWHC 62 (Ch) (23 January 2012)

AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012)

High Court (Commercial Court)

Sulamerica CIA Nacional De Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWHC 42 (Comm) (19 January 2012)

Teesside Power Holdings Ltd v Electrabel International Holdings BV & Anor [2012] EWHC 33 (Comm) (20 January 2012)

High Court (Technology and Construction Court)

NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2) [2012] EWHC 51 (TCC) (23 January 2012)

Source: www.bailii.org

Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily

Posted January 24th, 2012 in appeals, injunctions, jurisdiction, law reports, vexatious litigants by sally

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 23rd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clarke v R [2012] EWCA Crim 9 (20 January 2012)

Oliver, R. v [2011] EWCA Crim 3114 (21 December 2011)

Lawrence, R. v [2011] EWCA Crim 3129 (16 December 2011)

Court of Appeal (Civi Division)

Eastenders Cash & Carry Plc & Ors v HM Revenue & Customs [2012] EWCA Civ 15 (20 January 2012)

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14 (20 January 2012)

Charnock & Ors v Rowan & Ors [2012] EWCA Civ 2 (20 January 2012)

Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012)

Apimed Medical Honey Ltd v Brightwake Ltd (t/a Advancis Medical) [2012] EWCA Civ 5 (20 January 2012)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch) (20 January 2012)

High Court (Administrative Court)

Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 (Admin) (20 January 2012)

Gresty & Anor, R (on the application of) v Knowsley Metropolitan Borough Council [2012] EWHC 39 (Admin) (19 January 2012)

High Court (Commercial Court)

Sealion Shipping Ltd & Anor v Valiant Insurance Company [2012] EWHC 50 (Comm) (20 January 2012)

Chantiers De L’atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383 (Comm) (20 December 2011)

Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2012] EWHC 7 (Comm) (20 January 2012)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC) (19 January 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 20th, 2012 in law reports by sally

Court of Appeal (Civil Division)

McClure & Anor, R (on the application of) v The Commissioner of Police of the Metropolis [2012] EWCA Civ 12 (19 January 2012)

Global 5000 Ltd v Wadhawan [2012] EWCA Civ 13 (19 January 2012)

High Court (Commercial Court)

Glen Dimplex Home Applicances Ltd v Smith & Ors [2011] EWHC 3392 (Comm) (20 December 2011)

Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG & Ors [2011] EWHC 3381 (Comm) (19 December 2011)

High Court (Family Division)

Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) (19 January 2012)

High Court (Queen’s Bench Division)

City of London v Samede & Ors [2012] EWHC 34 (QB) (18 January 2012)

Source: www.bailii.org

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk