law reports – Page 190 – Current Awareness

“The ‘transaction’ which an exclusive licensee of a patent was required by section 68 of the Patents Act 1977 to have registered within six months if the court was to award him costs in proceedings for infringement of that patent was the first transaction that had made him an exclusive licensee.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Regina v Oldfield – WLR Daily

Posted November 24th, 2011 in appeals, judges, law reports, pleadings by sally

Regina v Oldfield [2011] WLR (D) 337

“Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011

Source: www.lawreports.co.uk

BAILII: Recent Decisions

Posted November 24th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Willett, R v [2011] EWCA Crim 2710 (23 November 2011)

Court of Appeal (Civil Division)

Glatt v Sinclair [2011] EWCA Civ 1317 (23 November 2011)

Sharma & Anor v Simposh Ltd [2011] EWCA Civ 1383 (23 November 2011)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2011] EWCA Civ 1337 (22 November 2011)

High Court (Administrative Court)

Elvington Park Ltd v Secretary of State for Communities & Anor [2011] EWHC 3041 (Admin) (23 November 2011)

High Court (Chancery Division)

Quirkco Investments Ltd v Aspray Transport Ltd [2011] EWHC 3060 (Ch) (23 November 2011)

High Court (Queen’s Bench Division)

Hudson v New Media Holding Company LLC & Anor [2011] EWHC 3068 (QB) (23 November 2011)

High Court (Technology and Construction Court)

Bertram v Dawes [2011] EWHC 3070 (TCC) (04 November 2011)

Partner Projects Ltd v Corinthian Nominees Ltd [2011] EWHC 2989 (TCC) (23 November 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 23rd, 2011 in law reports by sally

Court of Appeal (Civil Division)

Mousa, R (on the application of) v Secretary of State for Defence & Anor [2011] EWCA Civ 1334 (22 November 2011)

Chaudhary v Yavuz [2011] EWCA Civ 1314 (22 November 2011)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 (22 November 2011)

High Court (Administrative Court)

AS v London Borough of Croydon [2011] EWHC 2091 (Admin) (25 October 2011)

High Court (Chancery Division)

Secretary of State for Business, Innovation and Skills v Gifford & Ors [2011] EWHC 3022 (Ch) (21 November 2011)

Wilky Property Holdings Plc v London & Surrey Investments Ltd [2011] EWHC 2888 (Ch) (04 November 2011)

High Court (Technology and Construction Court)

Astrazeneca UK Ltd v International Business Machines Corporation [2011] EWHC 306 (TCC) (22 November 2011)

Source: www.bailii.org

Green v Eadie and others – WLR Daily

Posted November 22nd, 2011 in jurisdiction, law reports, limitations, misrepresentation, solicitors by sally

Green v Eadie and others [2011] WLR (D) 335

“Sections 2 and 9(1) of the Limitation Act 1980 both applied to a claim brought under section 2(1) of the Misrepresentation Act 1967 and such a claim was therefore, by virtue of section 8(2) of the Limitation Act 1980, not within the ambit of section 8(1) of that Act. The applicable limitation period was therefore six years. Where a person entered into a flawed transaction which might have been capable of being remedied by rescission, loss was first suffered and the cause of action therefore accrued when the person entered into the flawed transaction.”

WLR Daily, 18th November 2011

Source: www.iclr.co.uk

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another – WLR Daily

Posted November 22nd, 2011 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Interedil Srl (in liquidation) v Fallimento Interedil Srl and another Case C-396/09; [2011] WLR (D) 334

“The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. Where a company’s registered office was transferred before the lodging of a request to open insolvency proceedings, its centre of main activities was presumed to be the place of its new registered office.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 21st, 2011 in law reports by sally

Court of Appeal (Civil Division)

HM Revenue & Customs v London Clubs Management Ltd [2011] EWCA Civ 1323 (18 November 2011)

San Michael College Ltd v Secretary of State for the Home Department [2011] EWCA Civ 1336 (18 November 2011)

Bethell Construction Ltd & Anor v Deloitte and Touche [2011] EWCA Civ 1321 (18 November 2011)

Cheshire West and Chester Council v P [2011] EWCA Civ 1333 (18 November 2011)

High Court (Administrative Court)

Medhanye, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3012 (Admin) (18 November 2011)

High Court (Chancery Division)

Cathie & Anor v Secretary of State for Business, Innovation and Skills [2011] EWHC 3026 (Ch) (18 November 2011)

High Court (Family Division)

RB (Adult), Re (No 4) [2011] EWHC 3017 (Fam) (18 November 2011)

A London Borough v O & Ors [2011] EWHC 2754 (Fam) (11 November 2011)

High Court (Queen’s Bench Division)

Pena v Tameside Hospital NHS Foundation Trust & Anor [2011] EWHC 3027 (QB) (18 November 2011)

Ting Lan Hong & KLM (A Child) v XYZ & Ors [2011] EWHC 2995 (QB) (18 November 2011)

Source: www.bailii.org

Regina (Garland) v Secretary of State for Justice and another – WLR Daily

Posted November 21st, 2011 in disciplinary procedures, judicial review, law reports, prisons, time limits by sally

Regina (Garland) v Secretary of State for Justice and another: [2011] EWCA Civ 1335; [2011] WLR (D) 333

“Under rule 53(1) of the Prison Rules 1999 prison authorities were allowed a full 48 hours from discovery of an offence against discipline to lay a charge against a prisoner, and longer where there were exceptional circumstances making it impossible to lay the charge within that time.”

WLR Daily, 17th November 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 18th, 2011 in law reports by sally

High Court (Commercial Court)

Petromec Inc & Anor v Petroleo Brasileiro SA & Ors [2011] EWHC 2997 (Comm) (17 November 2011)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2988 (Comm) (17 November 2011)

Polymer Vision R & D Ltd & Ors v Van Dooren [2011] EWHC 2951 (Comm) (17 November 2011)

Source: www.bailii.org

In re an application by the General Dental Council (Savery and others, interested parties) – WLR Daily

Posted November 18th, 2011 in dentists, disclosure, law reports, medical records, professional conduct by sally

In re an application by the General Dental Council (Savery and others, interested parties):[2011] EWHC 3011 (Admin); [2011] WLR (D) 332

“The General Dental Council was under no obligation to obtain an order of the court for permission to use and disclose dental records of patients for the purposes of investigating allegations of professional misconduct against a registered dentist even where the patients in question objected to the disclosure or did not consent to it.”

WLR Daily, 16th November 2011

Source: www.iclr.co.uk

Zarb and another v Parry and another – WLR Daily

Posted November 18th, 2011 in adverse possession, land registration, law reports by sally

Zarb and another v Parry and another: [2011] EWCA Civ 1306; [2011] WLR (D) 331

“To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.”

WLR Daily, 15th November 2011

Source: www.iclr.co.uk

eDate Advertising GmbH v X: Martinez and another v MGN Ltd – WLR Daily

Posted November 18th, 2011 in choice of forum, EC law, electronic commerce, law reports, privacy by sally

eDate Advertising GmbH v X: Martinez and another v MGN Ltd; (Joined Cases C-509/09 and C-161/10); [2011] WLR (D) 330

“Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of that content was established or before the courts of the member state in which the centre of his interests was based. Under article 3 of Directive 2000/31/EC (‘the E-Commerce Directive’) member states had to ensure that, subject to the derogations authorised in accordance with the conditions set out in article 3(4), the provider of an electronic commerce service was not made subject to stricter requirements than those provided for by the substantive law applicable in the member state in which that service provider was established.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 17th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Dean & Dean Solicitors v Dionissiou -Moussaoui [2011] EWCA Civ 1331 (17 November 2011)

Court of Appeal (Criminal Division)

Vinall & Anor v R [2011] EWCA Crim 6252 (16 November 2011)

Carpenter, R v [2011] EWCA Crim 2568 (11 November 2011)

High Court (Administrative Court)

Glenn & Co (Essex) Ltd & Ors v HM Commissioners for Revenue and Customs & Anor [2011] EWHC 2998 (Admin) (16 November 2011)

Kisuule, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2966 (Admin) (16 November 2011)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2988 (Comm) (17 November 2011)

Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors [2011] EWHC 2967 (Comm) (16 November 2011)

A.K.Kablo Imalat SAN VE TIC A.S. v Intamex S.A. [2011] EWHC 2970 (Comm) (16 November 2011)

High Court (Queen’s Bench Division)

Al Baho & Ors v Meerza [2011] EWHC 2984 (QB) (16 November 2011)

Source: www.bailii.org

Williams v Essex County Council – WLR Daily

Posted November 17th, 2011 in appeals, law reports, local government, special educational needs by sally

Williams v Essex County Council: [2011] EWCA Civ 1315; [2011] WLR (D) 329

“A statement of special educational needs automatically lapsed when a person ceased to be a child, which was at 19 years. The Court of Appeal so stated when allowing the appeal of Essex County Council against a decision of Judge Jacobs in the Upper Tribunal (Administrative Appeals Chamber) on 8 March 2010 setting aside a decision of the First-tier Tribunal (Health, Education and Social Care Chamber) of 8 September 2009 that it was no longer necessary to maintain the statement of special educational needs of MW (now aged 22 years), the daughter of the claimant, Antony John Williams.”

WLR Daily, 15th November 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Sapkota & Anor (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 1320 (15 November 2011)

Zarb & Anor v Parry & Anor [2011] EWCA Civ 1306 (15 November 2011)

High Court (Administrative Court)

Youssef & Ors v The Secretary of State for Foreign And Commonwealth Affairs [2011] EWHC 3014 (Admin) (14 November 2011)

High Court (Chancery Division)

FHR European Ventures Llp & Ors v Mankarious & Ors [2011] EWHC 2999 (Ch) (15 November 2011)

Source: www.bailii.org

R v Carpenter – WLR Daily

Posted November 16th, 2011 in appeals, homicide, joint enterprise, law reports, murder, offensive weapons by sally

R v Carpenter [2011] EWCA Crim 2568; [2011] WLR (D) 328

“In cases of joint enterprise where the use of a particular weapon was foreseen but the secondary party did not share or foresee the intention with which it was used, the availablity of manslaughter remained as a possible alternative verdict to murder.”

WLR Daily, 11th November 2011

Source: www.iclr.co.uk

Berry v Star Autos Ltd and others – WLR Daily

Posted November 16th, 2011 in care workers, health & safety, insurance, law reports, negligence, personal injuries by sally

Berry v Star Autos Ltd and others [2011] EWCA Civ 1304; [2011] WLR (D) 327

“On a claim to which there were two or more defendants the court had power to order an interim payment under CPR r 25.7(1)(e) if it were satisfied that at least one of the defendants against whom the application for interim payment was being made would be held liable and each of those defendants was insured; the fact that there might be another defendant who was not insured was immaterial.”

WLR Daily, 10th November 2011

Source: www.iclr.co.uk