Category: law reports

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09) – WLR Daily

Posted December 7th, 2011 in conflict of laws, EC law, intellectual property, law reports, news by sally

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. The costs relating to an exequatur (enforcement) procedure brought in one member state, in the course of which the recognition and enforcement was sought of a judgment given in another member state in proceedings seeking to enforce an intellectual property right, fell within article 14 of Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p 45).”

WLR Daily, 18th December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

R v A Local Authority & Ors [2011] EWCA Civ 1451 (06 December 2011)

Leeds Group Plc v Leeds City Council [2011] EWCA Civ 1447 (02 December 2011)

High Court (Queen’s Bench Division)

Farnon v Devonshires Solicitors (a firm) [2011] EWHC 3167 (QB) (06 December 2011)

McKay (t/a Mckay Law Solicitors And Advocates) v Centurion Credit Resources LLC [2011] EWHC 3198 (QB) (06 December 2011)

High Court (Family Division)

X And Y (Children), Re [2011] EWHC 3147 (Fam) (06 December 2011)

H v S [2011] EWHC B23 (Fam) (18 November 2011)

High Court (Technology and Construction Court)

Sprunt Ltd v London Borough of Camden [2011] EWHC 3191 (TCC) (06 December 2011)

Source: www.bailii.org

Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09) – WLR Daily

Posted December 6th, 2011 in copyright, counterfeiting, EC law, law reports, sale of goods by sally

Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349

“Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit goods” within the meaning of Council Regulation 3295/94/EC (as amended) merely on the basis that they had been brought into the customs territory of the EU under suspensive procedure. However, if it was proved that those goods were intended to be put on sale in the EU, they were classified as ‘counterfeit’.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Rodríguez and Others v Air France SA (Case C-83/10) – WLR Daily

Posted December 6th, 2011 in aircraft, airlines, compensation, EC law, interpretation, law reports by sally

Rodríguez and Others v Air France SA (Case C-83/10); [2011] WLR (D) 348

“‘Cancellation’, in article 2(1) of Parliament and Council Regulation 261/2004/EC was not limited to the situation in which an aeroplane failed to take off at all, but also covered the case in which it took off but, for whatever reason, was subsequently forced to return to the airport of departure where the passengers were transferred to other flights. ‘Further compensation’ in article 12 of the Regulation allowed the national court to award compensation under the Montreal Convention for damage arising from breach of the contract of carriage by air. However that meaning was not the legal basis for the national court to order an air carrier to reimburse to passengers whose flight had been delayed or cancelled the expenses the latter had incurred because of the failure of that carrier to fulfil its obligations to assist and provide care under articles 8 and 9 of the Regulation.”

WLR Daily, 13th October 2011

Source: www.iclr.co.uk

Leeds Group plc v Leeds City Council (No 2) Regina (Leeds Group plc) v Leeds City Council (No 2) – WLR Daily

Posted December 6th, 2011 in appeals, commons, land registration, law reports, local government, retrospectivity by sally

Leeds Group plc v Leeds City Council (No 2); Regina (Leeds Group plc) v Leeds City Council (No 2) [2011] EWCA Civ 1447; [2011] WLR (D) 347

“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”

WLR Daily, 2nd December 2011

Source: www.iclr.co.uk

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily

Posted December 5th, 2011 in family courts, judgments, law reports, news, reasons by sally

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) [2011] EWCA Civ 1205; [2011] WLR (D) 346

“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Regina v Lyons – WLR Daily

Posted December 5th, 2011 in armed forces, conscientious objection, human rights, law reports by sally

Regina v Lyons [2011] EWCA Crim 2808; [2011] WLR (D) 345

“A person who, having voluntarily entered military service, sought to be discharged from further service on the ground of conscientious objection was subject to the requirements of military service and military discipline until his claim had been established. The giving of notice of appeal did not justify a refusal to obey a lawful command pending the determination of the appeal.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) – WLR Daily

Posted December 5th, 2011 in appeals, law reports, sentencing by sally

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344

“Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant whilst in prison. However, possible reductions for exceptional progress in prison did not form part of any appeal process for sentences imposed after 18 December 2003.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2011 in law reports by sally

Supreme Court

McGowan (Procurator Fiscal) v B (Scotland) [2011] UKSC 54 (23 November 2011)

Jude v Her Majesty’s Advocate (Scotland) (Rev 1) [2011] UKSC 55 (23 November 2011)

Court of Appeal (Civil Division)

Samarenko v Dawn Hill House Ltd [2011] EWCA civ 1445 (01 December 2011)

Oso v Newham University Hospital NHS Trust [2011] EWCA Civ 1423 (01 December 2011)

Francis v London Borough of Southwark [2011] EWCA Civ 1418 (01 December 2011)

Proactive Sports Management Ltd v Rooney & Ors [2011] EWCA Civ 1444 (01 December 2011)

MA & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1446 (01 December 2011)

Court of Appeal (Criminal Division)

Aslam v R. [2011] EWCA Crim 2797 (01 December 2011)

Brown, R. v [2011] EWCA Crim 2796 (01 December 2011)

Gill, R. v [2011] EWCA Crim 2795 (01 December 2011)

Lyons v R [2011] EWCA Crim 2808 (01 December 2011)

High Court (Administrative Court)

Preston, R (on the application of) v Wandsworth Borough Council & Anor [2011] EWHC 3174 (Admin) (01 December 2011)

High Court (Chancery Division)

K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & Ors [2011] EWHC 3179 (Ch) (01 December 2011)

High Court (Patents Court)

ITV Broadcasting Ltd & Ors v TVcatchup Ltd & Anor [2011] EWHC 2977 (Pat) (14 November 2011)

Source: www.bailii.org

 

 

Legal Services Commission v Henthorn – WLR Daily

Posted December 2nd, 2011 in barristers, fees, law reports, legal aid, limitations, repayment by sally

Legal Services Commission v Henthorn: [2011] EWCA Civ 1415;  [2011] WLR (D)  343

” A claim for recoupment of alleged overpayment of money paid on account to counsel, in respect of work done under a civil legal aid certificate, was governed by regulation 100(8) of the Civil Legal Aid Regulations 1989, and the cause of action accrued from the date of the ‘assessment’ there referred to, and time did not start to run until that date, not when the work was completed by counsel.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted December 2nd, 2011 in choice of forum, employment tribunals, law reports, limitations, sex discrimination by sally

Abdulla and others v Birmingham City Council: [2011] EWCA Civ 1412;  [2011] WLR (D)  342

“Where an equal pay claim under the Equal Pay Act 1970 was brought in an ordinary court within the six-year limitation period for bringing contract claims, the claim could not be struck out under section 2(3) of the 1970 Act on the grounds that it could be ‘more conveniently disposed of’ by an employment tribunal in circumstances where it was known to the court that the tribunal would have to decline jurisdiction to deal with the claim on the basis that it had been brought outside the six-month time limit for presenting an unequal pay complaint to the tribunal.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Brown & Anor v Pretot & Anor [2011] EWCA Civ 1421 (30 November 2011)

Downs, R (on the application of) v Secretary of State for Justice [2011] EWCA Civ 1422 (30 November 2011)

HM Revenue and Customs v PA Holdings Ltd [2011] EWCA Civ 1414 (30 November 2011)

Legal Services Commission v Henthorn [2011] EWCA Civ 1415 (30 November 2011)

Potter v Dyer [2011] EWCA Civ 1417 (30 November 2011)

High Court (Administrative Court)

Clive Rees Associates, Solicitors, R (on the application of) v Swansea Magistrates Court & Anor [2011] EWHC 3155 (Admin) (30 November 2011)

High Court (Chancery Division)

Enterprise Inns Plc v Palmerston Associates Ltd & Anor [2011] EWHC 3165 (Ch) (30 November 2011)

High Court (Queen’s Bench Division)

STU v UVW & Anor [2011] EWHC 3133 (QB) (30 November 2011)

QWE v SDF & Ors [2011] EWHC 3121 (QB) (30 November 2011)

High Court (Commercial Court)

Sideridraulic Systems SpA and Anor v BBC Chartering & Logistic GmbH & Co KG [2011] EWHC 3106 (Comm) (30 November 2011)

Parbulk II AS v PT Humpuss Intermoda Transportasi TBK & Ors [2011] EWHC 3143 (Comm) (30 November 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 30th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Miller v Associated Newspapers Ltd [2011] EWHC 2677 (QB) (11 November 2011)

High Court (Chancery Division)

VTB Capital Plc v Nutritek International Corp & Ors [2011] EWHC 3107 (Ch) (29 November 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 29th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412 (29 November 2011)

Digital Satellite Warranty Cover Ltd v The Financial Services Authority [2011] EWCA Civ 1413 (29 November 2011)

Serious Organised Crime Agency v Namli & Anor [2011] EWCA Civ 1411 (29 November 2011)

Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 (29 November 2011)

High Court (Chancery Division)

Parry v Bartlett & Anor [2011] EWHC 3146 (Ch) (29 November 2011)

High Court (Commercial Court)

Hyundai Merchant Marine Company Ltd v Trafigura Beheer BV [2011] EWHC 3108 (Comm) (29 November 2011)

Source: www.bailii.org

BAILII: Recent Decision

Posted November 29th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kear, R. v [2011] EWCA Crim 2663 (04 November 2011)

Lawrence, R. v [2011] EWCA Crim 2609 (03 November 2011)

Attorney General’s Reference Nos 61, 62 AND 63 of 2011 [2011] EWCA Crim 2619 (27 October 2011)

Abdzahra, R. v [2011] EWCA Crim 2664 (04 November 2011)

Bashir, R. v [2011] EWCA Crim 2763 (03 November 2011)

Ciccarelli, R. v [2011] EWCA Crim 2665 (03 November 2011)

Court of Appeal (Civil Division)

Ablyazov v JSC BTA Bank [2011] EWCA Civ 1386 (28 November 2011)

High Court (Chancery Division)

Glenfield Motor Spares Ltd v Smith [2011] EWHC 3130 (Ch) (28 November 2011)

Bailey & Anor v Graham & Ors [2011] EWHC 3098 (Ch) (25 November 2011)

Persimmon Homes Ltd v Woodford Land Ltd [2011] EWHC 3109 (Ch) (28 November 2011)

High Court (Family Division)

F v S [2011] EWHC 3139 (Fam) (18 November 2011)

High Court (Queen’s Bench Division)

Sherwood v Sherwood Forest Hospitals NHS Foundation Trust (No 2) [2011] EWHC 3104 (QB) (25 November 2011)

High Court (Administrative Court)

Shaffi, R (on the application of) v Secretary of State for Justice [2011] EWHC 3113 (Admin) (28 November 2011)

Lamrani, R (on the application of) v Secretary of State for Home Department [2011] EWHC 3059 (Admin) (24 November 2011)

High Court (Commercial Court)

M.H.Progress Lines SA v Orient Shipping Rotterdam BV & Ors [2011] EWHC 3083 (Comm) (28 November 2011)

Madoff Securities International Ltd v Raven & Ors [2011] EWHC 3102 (Comm) (25 November 2011)

Source: www.bailii.org

Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) – WLR Daily

Posted November 28th, 2011 in law reports, sentencing, sexual offences by sally

Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) [2011] EWCA Crim 2753; [2011] WLR (D) 342

“In principle, in historic or cold cases, a defendant had to be sentenced in accordance with the sentencing regime applicable at the date of sentence. Nevertheless, as the offence which he had committed years earlier contravened the criminal law in force at the date when it was committed a defendant was liable to be convicted of that offence and no other and therefore the sentence was limited to the maximum sentence then available for the offence of which he had been convicted.”

WLR Daily, 24th November 2011

Source: www.iclr.co.uk

Sharma and another v Simposh Ltd – WLR Daily

Posted November 28th, 2011 in deposits, law reports, repayment, sale of land by sally

Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341

“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Modaresi, R (on the application of) v Secretary of State for Health & Ors [2011] EWCA Civ 1359 (23 November 2011)

High Court (Queen’s Bench Division)

Davison v Habeeb & Ors [2011] EWHC 3031 (QB) (25 November 2011)

Eden v Rubin [2011] EWHC 3090 (QB) (24 November 2011)

High Court (Administrative Court)

Harvey v Director of Public Prosecutions [2011] EWHC B1 (Admin) (17 November 2011)

J, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3073 (Admin) (24 November 2011)

AO & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3088 (Admin) (25 November 2011)

Green, R (on the application of) v Somerset County Council [2011] EWHC 2687 (Admin) (16 November 2011)

High Court (Chancery Division)

The Funding Corporation Block Discounting Ltd v Lexi Holdings Plc & Anor [2011] EWHC 3101 (Ch) (25 November 2011)

High Court (Commercial Court)

WS Tankship II BV v The Kwangju Bank Ltd & Anor [2011] EWHC 3103 (Comm) (25 November 2011)

Source: www.bailii.org

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted November 25th, 2011 in law reports, mental health, service, time limits, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340

“The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within the period, it was not in fact received by the tribunal until the next working after an intervening holiday period during which the 14-day time limit had expired.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk