JSC BTA Bank v Solodchenko and others – WLR Daily

Posted August 11th, 2011 in contempt of court, disclosure, law reports by sally

JSC BTA Bank v Solodchenko and others [2011] EWHC 2163 (Ch); [2011] WLR (D) 273

“The court had jurisdiction to order a solicitor to disclose his client’s contact details if satisfied it was just and convenient to do so to ensure the effectiveness of an earlier order.”

WLR Daily, 5th August 2011

Source: www.iclr.co.uk

Regina (BB) v Special Immigration Appeals Commission – WLR Daily

Posted August 11th, 2011 in bail, deportation, human rights, immigration, law reports by sally

Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272

“Proceedings before the Special Immigration Appeals Commission to determine the immigration bail conditions of a person subject to a deportation order were interim proceedings in the deportation proceedings or ancillary to them. Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not apply to the bail proceedings.”

WLR Daily, 2nd August 2011

Source: www.iclr.co.uk

Regina (BB) v Special Immigration Appeals Commission – WLR Daily

Posted August 10th, 2011 in bail, deportation, human rights, law reports by sally

Regina (BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin); [2011] WLR (D) 272

“Proceedings before the Special Immigration Appeals Commission to determine the immigration bail conditions of a person subject to a deportation order were interim proceedings in the deportation proceedings or ancillary to them. Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not apply to the bail proceedings.”

WLR Daily, 2nd August 2011

Source: www.iclr.co.uk

Court of Protection case to be reported in real time after landmark legal ruling – The Guardian

“A son’s battle to care for his elderly father made legal history on Monday when a judge ruled that his case against the local authority could be reported in ‘real time’.”

Full story

The Guardian, 8th August 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 8th, 2011 in law reports by sally

High Court (Chancery Division)

Cherney & Ors v Neuman & Ors [2011] EWHC 2156 (Ch) (05 August 2011)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 2163 (Ch) (05 August 2011)

High Court (Queen’s Bench Division)

Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

Whiten v St George’s Healthcare NHS Trust [2011] EWHC 2066 (QB) (05 August 2011)

Bodey v Hall [2011] EWHC 2162 (QB) (05 August 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 5th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Pasha, R (On the Application Of) v Secretary of State for the Home Department [2011] EWCA Civ 955 (04 August 2011)

High Court (Queen’s Bench Division)

Swotbooks.com Ltd v Royal Bank of Scotland Plc [2011] EWHC 2025 (QB) (29 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 4th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Grimes v Hawkins & Anor [2011] EWHC 2004 (QB) (03 August 2011)

High Court (Chancery Division)

Boghani v Nathoo [2011] EWHC 2101 (Ch) (02 August 2011)

High Court (Administrative Court)

Berky, R (on the application of) v Newport City Council & Ors [2011] EWHC 2100 (Admin) (29 July 2011)

Source: www.bailii.org

Tristmire Ltd v Mew and another – WLR Daily

Posted August 4th, 2011 in appeals, housing, landlord & tenant, law reports, rent, ships by sally

Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271

“A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat.”

WLR Daily, 28th July 2011

Source: www.iclr.co.uk

Regina v Jones and another – WLR Daily

Posted August 4th, 2011 in appeals, environmental protection, law reports, waste by sally

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 3rd, 2011 in law reports by sally

Court of Appeal (Civil Division)

BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2011] EWCA Civ 2129 (02 August 2011)

High Court (Chancery Division)

Boggild & Ors, R. v [2011] EWCA Crim 1928 (19 July 2011)

High Court (Administrative Court)

Hargreaves v Secretary of State for Communities and Local Government & Ors [2011] EWHC 1999 (Admin) (2 August 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 2nd, 2011 in law reports by sally

Court of Appeal (Civil Division)

Costello & Anor v MacDonald & Ors [2011] EWCA Civ 930 (29 July 2011)

High Court (Chancery Division)

Warner-Lambert Company LLC v Teva UK Ltd & Ors [2011] EWHC 2018 (Ch) (22 July 2011)

Payless Cash & Carry Ltd v Patel & Ors [2011] EWHC 2112 (Ch) (29 July 2011)

Source: www.bailii.org

Hayes v Chief Constable of Merseyside Police – WLR Daily

Posted August 2nd, 2011 in appeals, detention, law reports, wrongful arrest by sally

Hayes v Chief Constable of Merseyside Police [2011] EWCA Civ 911; [2011] WLR (D) 269

“Where a police constable had exercised the ower of summary arrest provided by section 24 of the Police and Criminal Evidence Act 1984, it had to be shown, inter alia, that the constable had actually believed that the arrest was necessary, and for a permissible reason, and that objectively that belief was reasonable.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

MacDonald and others v Costello and another – WLR Daily

Posted August 2nd, 2011 in appeals, contracts, law reports, restitution by sally

MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268

“Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted August 1st, 2011 in law reports, pensions, winding up by sally

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2011] UKSC 42;  [2011] WLR (D)  267

“Equilibrium of assets and liabilities was not a requirement of the definition of a money purchase pension scheme under section 181 of the Pension Schemes Act 1993.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Hashwani v Jivraj (London Court of International Arbitration and others intervening) – WLR daily

Posted August 1st, 2011 in arbitration, employment, law reports, religious discrimination by sally

Hashwani v Jivraj (London Court of International Arbitration and others intervening) [2011] UKSC 40;  [2011] WLR (D)  266

“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Faith Stewart v Secretary of State for Work and Pensions [2011] EWCA Civ 907 (29 July 2011)

Suckrajh, R (on the application of) v The Asylum & Immigration Tribunal & Anor [2011] EWCA Civ 938 (29 July 2011)

Iqbal v Ahmed [2011] EWCA Civ 900 (29 July 2011)

Hayes v Merseyside Police [2011] EWCA Civ 911 (29 July 2011)

Austin & Ors v Miller Argent (South Wales) Ltd [2011] EWCA Civ 928 (29 July 2011)

Modi & Anor v Clarke [2011] EWCA Civ 937 (29 July 2011)

Thornhill & Ors v Nationwide Metal Recycling Ltd & Anor [2011] EWCA Civ 919 (29 July 2011)

Purely Creative Ltd & Ors v The Office of Fair Trading [2011] EWCA Civ 920 (29 July 2011)

High Court (Administrative Court)

HM Attorney-General v MGN Ltd & Anor [2011] EWHC 2074 (Admin) (29 July 2011)

Secretary of State for the Home Department v CD [2011] EWHC 2087 (Admin) (29 July 2011)

Coates v Crown Prosecution Service [2011] EWHC 2032 (Admin) (29 July 2011)

Bat v The Investigating Judge of the German Federal Court [2011] EWHC 2029 (Admin) (29 July 2011)

Rahmatullah v Secretary of State for Foreign Affairs & Anor [2011] EWHC 2008 (Admin) (29 July 2011)

Kotecha & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2070 (Admin) (29 July 2011)

Cockburn, R (on the application of) v Secretary of State for Health [2011] EWHC 2095 (Admin) (29 July 2011)

High Court (Chancery Division)

Payless Cash & Carry Ltd v Patel & Ors [2011] EWHC 2112 (Ch) (29 July 2011)

Space Airconditioning Plc v Guy Smith Brothers Stores Ltd [2011] EWHC 2107 (Ch) (29 July 2011)

Claridge, Re The Trustee In Bankruptcy of [2011] EWHC 2047 (Ch) (29 July 2011)

LB Re Financing No. 3 Ltd v Excalibur Funding No.1 Plc & Ors [2011] EWHC 2111 (Ch) (29 July 2011)

Multi Veste 226 BV v Ni Summer Row Unitholder BV & Ors [2011] EWHC 2026 (Ch) (29 July 2011)

Winnetka Trading Corp v (Julius Baer International Ltd & Anor [2011] EWHC 2030 (Ch) (29 July 2011)

Favor Easy Management Ltd & Anor v Wu (aka Lisa Wu) & Ors [2011] EWHC 2017 (Ch) (29 July 2011)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 2043 (Ch) (29 July 2011)

High Court (Commercial Court)

Dunavant Enterprises Incorporated v Olympia Spinning & Weaving Mills Ltd [2011] EWHC 2028 (Comm) (29 July 2011)

Playup Interactive Entertainment (UK) Pty Ltd v Givemefootball Ltd [2011] EWHC 1980 (Comm) (28 July 2011)

High Court (Queen’s Bench Division)

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) (01 August 2011)

Mitton & Ors v Benefield & Anor [2011] EWHC 2098 (QB) (01 August 2011)

Al- Amoudi v Kifle [2011] EWHC 2037 (QB) (29 July 2011)

The Lord Chancellor v Alexander Johnson & Co Solicitors & Anor [2011] EWHC 2113 (QB) (29 July 2011)

Source: www.bailii.org

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others – WLR Daily

Posted August 1st, 2011 in assignment, covenants, law reports, leases by sally

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265

“Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated the operation of section 24(2) of that Act, by which the original tenant’s guarantor was released from his obligation on the assignment of the tenancy. Similarly, a contractual arrangement contained in a later document, for instance, a renewal obligation imposed on a guarantor of an assignee’s liabilities in an assignment or a licence to assign, would be invalid.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Brownbill and others v St Helens and Knowsley Teaching Hospitals NHS Trust – WLR Daily

Posted August 1st, 2011 in employment tribunals, equal pay, law reports, sex discrimination by sally

Brownbill and others v St Helens and Knowsley Teaching Hospitals NHS Trust [2011] EWCA Civ 903;  [2011] WLR (D)  264

“Once an employment tribunal had found that there were terms in women’s contracts and terms in men’s contracts that were susceptible to comparison and that each of the terms was a distinct provision with sufficient content to make it possible to compare them so that the benefits conferred by the provision could be contrasted, it should proceed to compare them focusing on the equality of terms not of total pay actually received.”

WLR Daily, 28th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 29th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Meares v Medway Primary Care Trust [2011] EWCA Civ 897 (28 July 2011)

Greyfort Properties Ltd v Secretary of State for Communities & Anor [2011] EWCA Civ 908 (28 July 2011)

Lait v Evening Standard Ltd [2011] EWCA Civ 859 (28 July 2011)

O, R (on the application of) v London Borough of Hammersmith and Fulham [2011] EWCA Civ 925 (28 July 2011)

St Helens & Knowsley Hospitals NHS Trust v Brownbill & Ors [2011] EWCA Civ 903 (28 July 2011)

Mew & Anor v Tristmire Ltd [2011] EWCA Civ 912 (28 July 2011)

OM, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 909 (28 July 2011)

Towers v Premier Waste Management Ltd [2011] EWCA Civ 923 (28 July 2011)

Gayle v Sandwell & West Birmingham Hospitals NHS Trust [2011] EWCA Civ 924 (28 July 2011)

High Court (Administrative Court)

Sulaiman v General Medical Council [2011] EWHC 1903 (Admin) (28 July 2011)

Loader v Secretary of State for Communities and Local Government [2011] EWHC 2010 (Admin) (28 July 2011)

Belmihoub, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2044 (Admin) (28 July 2011)

High Court (Chancery Division)

Williams v Lawrence & Anor [2011] EWHC 2001 (Ch) (28 July 2011)

BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor [2011] EWHC 2071 (Ch) (28 July 2011)

Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc [2011] EWHC 1981 (Ch) (28 July 2011)

Source: www.bailii.org

Swift 1st Ltd v Colin and others – WLR Daily

Posted July 29th, 2011 in land registration, law reports, mortgages, sale of land by sally

Swift 1st Ltd v Colin and others [2011] WLR (D)  262

“The holder of a charge over a property had full power of sale under the Law of Property Act 1925 irrespective of the fact that the charge had not been substantially registered. All that was required to exercise that power was for the mortgage to have been executed by deed.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk