Category: law reports

Spaceright Europe Ltd v Baillavoine and another – WLR Daily

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by sally

Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565;  [2011] WLR (D)  369

“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Milton Keynes Council & Ors, R (on the application of) v Secretary of State for Communities & Local Government [2011] EWCA Civ 1575 (16 December 2011)

Terluk v Berezovsky [2011] EWCA Civ 1534 (15 December 2011)

Banks v Morgan & Ors [2011] EWCA Civ 1568 (15 December 2011)

Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1572 (15 December 2011)

Titshall v Qwerty Travel Ltd [2011] EWCA Civ 1569 (15 December 2011)

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd & Anor [2011] EWCA Civ 1570 (15 December 2011)

Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 (14 December 2011)

Court of Appeal (Criminal Division)

McDonald v R [2011] EWCA Crim 2933 (16 December 2011)

S & Anor v R. [2011] EWCA Crim 2872 (13 December 2011)

High Court (Administrative Court)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Ors (Costs) [2011] EWHC 3364 (Admin) (15 December 2011)

High Court (Chancery Division)

Francis v F Berndes Ltd & Ors [2011] EWHC 3377 (Ch) (15 December 2011)

Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) (14 December 2011)

High Court (Commercial Court)

PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)

Welven Ltd v Soar Group Ltd & Anor [2011] EWHC 3240 (Comm) (09 December 2011)

High Court (Family Division)

NG v SG (Appeal: Non-disclosure) [2011] EWHC 3270 (Fam) (09 December 2011)

High Court (Patents Court)

Sandvik Intellectual Property AB v Kennametal UK Ltd & Anor [2011] EWHC 3311 (Pat) (15 December 2011)

High Court (Queen’s Bench Division)

Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)

Doy v Gunn [2011] EWHC 3344 (QB) (15 December 2011)

Raab MP v Associated Newspapers Ltd [2011] EWHC 3375 (QB) (15 December 2011)

Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)

High Court (Technology and Construction Court)

ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

RO, R. v [2011] EWCA Crim 2910 (22 November 2011)

Court of Appeal (Civil Division)

Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs & Anor [2011] EWCA Civ 1540 (14 December 2011)

Spaceright Europe Ltd v Baillavoine & Anor [2011] EWCA Civ 1565 (14 December 2011)

High Court (Queen’s Bench Division)

Norman v Cheshire Fire & Rescue Service [2011] EWHC 3305 (QB) (14 December 2011)

High Court (Administrative Court)

Chief Constable of Dorset, R (on the application of) v Police Appeals Tribunal [2011] EWHC 3366 (Admin) (14 December 2011)

High Court (Family Division)

Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

High Court (Technology and Construction Court)

Astrazeneca UK Ltd v International Business Machines Corporation [2011] EWHC 3373 (TCC) (14 December 2011)

Alstom Power Ltd. v Somi Impianti S.R.L. [2011] EWHC 3157 (TCC) (21 November 2011)

Source: www.bailii.org

Regina v Gnango – WLR Daily

Posted December 15th, 2011 in law reports, murder, Supreme Court by sally

Regina v Gnango [2011] UKSC; [2011] WLR (D) 365

“When two gunmen chose to indulge in a gunfight in a public place, each intending to kill or cause serious injury to the other, in circumstances where there was a foreseeable risk that an innocent bystander might be injured or killed, and one of the gunmen accidenatally shot and killed a passerby, both gunmen were guilty of murder.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Regina v Kayani; Regina v Solliman – WLR Daily

Posted December 15th, 2011 in appeals, child abduction, kidnapping, law reports, sentencing by sally

Regina v Kayani; Regina v Solliman [2011] EWCA Crim 2871; [2011] WLR (D) 364

“Where a child had been abducted by a parent it no longer necessarily followed that for policy reasons a charge of kidnapping had always to be deemed inappropriate.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 14th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)

Court of Appeal (Civil Division)

Hayes v Willoughby [2011] EWCA Civ 1541 (13 December 2011)

Epsom College v Pierse Contracting Southern Ltd [2011] EWCA Civ 1449 (13 December 2011)

HM (Iraq) & Anor v Secretary of State for the Home Department [2011] EWCA Civ 1536 (13 December 2011)

Bent v Highways And Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)

Chalabi & Ors v Agha -Jaffar & Anor [2011] EWCA Civ 1535 (13 December 2011)

High Court (Administrative Court)

RS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2011] EWHC 3313 (Admin) (13 December 2011)

High Court (Chancery Division)

Lictor Anstalt (A Company) v MIR Steel UK Ltd & Ors [2011] EWHC 3310 (Ch) (13 December 2012)

Source: www.bailii.org

In re Bezier Acquisitions Ltd – WLR Daily

Posted December 14th, 2011 in administrators, insolvency, law reports by sally

In re Bezier Acquisitions Ltd [2011] EWHC 3299 (Ch); [2011] WLR (D) 362

“Rule 2.8 of the Insolvency Rules 1986 did not provide a complete and exhaustive code as to service of a notice of intention to appoint administrators.”

WLR Daily, 12th December 2011

Source: www.iclr.co.uk

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09) – WLR Daily

Posted December 14th, 2011 in competition, EC law, law reports, pharmacists, sale of goods by sally

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09); [2011] WLR (D) 359

“In the context of a selective distribution system, a contractual clause requiring sales of cosmetics and personal care products to be made in a physical space where a qualified pharmacist had to be present, resulting in a ban on the use of the internet for those sales, amounted to a restriction by object within the meaning of article 101(1)FEU of the FEU Treaty where it was apparent that that clause was not objectively justified. The block exemption provided for in article 2 of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L336, p 21) did not apply to a selective distribution contract which contained a clause prohibiting de facto the internet as a method of marketing.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Ziebell v Land Baden-Württemberg (Case C-371/08) – WLR Daily

Posted December 14th, 2011 in citizenship, drug offences, EC law, law reports by sally

Ziebell v Land Baden-Württemberg (Case C-371/08); [2011] WLR (D) 358

“Protection against expulsion conferred by article 14(1) of EEC-Turkey Association Council Decision No 1/80 did not have the same scope as that conferred on citizens of the Union pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC with the result that the scheme of protection against expulsion enjoyed by the latter could not be applied mutatis mutandis to Turkish nationals for the purpose of determining the meaning and scope of article 14(1) of Decision No 1/80.”

WLR Daily, 8th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 13th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Quest Advisors Limited Sharriba Ltd v McFeely & Anor [2011] EWCA Civ 1517 (09 December 2011)

High Court (Chancery Division)

Green v Eadie & Ors [2011] EWHC B24 (Ch) (18 November 2011)

Bezier Acquisitions Ltd, Re [2011] EWHC 3299 (Ch) (12 December 2011)

High Court (Queen’s Bench Division)

Cooper & Anor v Turrell [2011] EWHC 3269 (QB) (12 December 2011)

High Court (Commercial Court)

Five Oceans Salvage Ltd v Wenzhou Timber Group Company [2011] EWHC 3282 (Comm) (23 November 2011)

Source: www.bailii.org

Cusack v Harrow London Borough Council – WLR Daily

Posted December 9th, 2011 in footpaths, injunctions, law reports, road safety, roads by sally

Cusack v Harrow London Borough Council: [2011] EWCA Civ 1514;  [2011] WLR (D)  357

“A highway authority had power under section 66(2) of the Highways Act 1980, but not under section 80, to erect posts so as to prevent vehicular access to a frontager’s forecourt in order to safeguard users of the highway. If the highway authority exercised that power the frontager would become entitled to compensation under section 66(8) of the 1980 Act.”

WLR Daily, 7th December 2011

Source: www.iclr.co.uk

Russell and others v Transocean International Rescources Ltd and others – WLR Daily

Posted December 9th, 2011 in EC law, holiday pay, law reports, offshore installations, working time by sally

Russell and others v Transocean International Rescources Ltd and others: [2011] UKSC 57;  [2011] WLR (D)  356

“Employees working on oil and gas installations in the North Sea whose contract of employment provided for a repeating shift pattern of two weeks’ work on the rig, followed by two weeks onshore on non-working ‘field break’, were not entitled to take their statutory holiday entitlement during time when they had been scheduled to work offshore.”

WLR Daily, 7th December 2011

Source: www.iclr.co.uk

Islington London Borough Council v Boyle and another – WLR Daily

Posted December 9th, 2011 in housing, law reports, local government, repossession by sally

Islington London Borough Council v Boyle and another: [2011] EWCA Civ 1450;  [2011] WLR (D)  355

“Guidance on the principles to be applied when determining whether a tenant occupied a dwelling-house as his only or principal home within section 81 of the Housing Act 1985.”

WLR Daily, 6th December 2011

Source: www.iclr.co.uk

Revenue and Customs Comrs v PA Holdings Ltd – WLR Daily

Posted December 8th, 2011 in appeals, dividends, income tax, law reports by sally

Revenue and Customs Comrs v PA Holdings Ltd: [2011] EWCA Civ 1414;  [2011] WLR (D)  354

“Once it was established that payments awarded to employees in the form of shares and dividends were income received from employment the payments were liable to be charged under Schedule E and could not be charged under any other Schedule.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

Secretary of State for Work and Pensions v Elmi – WLR Daily

Posted December 8th, 2011 in appeals, benefits, law reports by sally

Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403;  [2011] WLR (D)  353

“A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.”

WLR Daily, 18th October 2011

Source: www.iclr.co.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted December 8th, 2011 in appeals, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others: [2011] EWCA Civ 1413;  [2011] WLR (D)  352

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within paragraph (b) of class 16 Schedule I to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 8th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Ministry of Defence v Cartner [2011] EWCA Civ 1516 (08 December 2011)

Country Style Foods Ltd v Bouzir [2011] EWCA Civ 1519 (08 December 2011)

Cusack v London Borough of Harrow [2011] EWCA Civ 1514 (07 December 2011)

Court of Appeal (Criminal Division)

MO, & Ors, R. v [2011] EWCA Crim 2854 (08 December 2011)

High Court (Administrative Court)

Bates, R (on the application of) v Secretary of State for Justice [2011] EWHC 3236 (Admin) (08 December 2011)

RP, R (on the application of) v London Borough of Brent [2011] EWHC 3251 (Admin) (07 December 2011)

High Court (Chancery Division)

Wharton v Bancroft & Ors [2011] EWHC 3250 (Ch) (08 December 2011)

High Court (Commercial Court)

RGI International Ltd & Anor v Synergy Classic Ltd & Ors [2011] EWHC 3166 (Comm) (02 December 2011)

High Court (Queen’s Bench Division)

Lord Chancellor v Ian Henery Solicitors Ltd [2011] EWHC 3246 (QB) (08 December 2011)

High Court (Technology and Construction Court)

Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) (08 December 2011)

Source: www.bailii.org.uk

 

BAILII: Recent Decisions

Posted December 7th, 2011 in law reports by sally

Supreme Court

Russell & Ors v Transocean International Resources Ltd & Ors (Scotland) [2011] UKSC 57 (7 December 2011)

Aberdeen City Council v Stewart Milne Group Ltd (Scotland) [2011] UKSC 56 (7 December 2011)

Court of Appeal (Civil Division)

London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 (06 December 2011)

High Court (Queen’s Bench Division)

McKeown v Attheraces Ltd [2011] EWHC 3232 (QB) (07 December 2011)

High Court (Administrative Court)

ABC (A Minor) (Afghanistan), R (On the Application Of) v Secretary of State for the Home Department [2011] EWHC 2937 (Admin) (06 December 2011)

Source: www.bailii.org

Withers LLP v Langbar International Ltd – WLR Daily

Posted December 7th, 2011 in client accounts, costs, debts, interest, law reports, news, solicitors by sally

Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351

“In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.”

WLR Daily, 5th December 2011

Source: www.iclr.co.uk