law reports – Page 198 – Current Awareness

“A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. Neither the Companies Act 2006 nor considerations of public policy prohibited the submission to arbitration of matters relating to an unfair prejudice petition under section 994 of the 2006 Act.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Barnsley Metropolitan Borough Council v Norton and others – WLR Daily

Posted July 22nd, 2011 in disability discrimination, housing, law reports, local government by sally

Barnsley Metroplitan Borough Councl v Norton and others [2011] EWCA Civ 834; [2011] WLR (D) 240

“The duty in section 49A(1) of the Disability Discrimination Act 1995 was intended to apply whenever an authority was taking decisions such as a decision to seek possession of a disabled person’s home.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Regina v Smith (Nicholas) – WLR Daily

Posted July 22nd, 2011 in appeals, law reports, sentencing, Supreme Court by sally

Regina v Smith (Nicholas) [2011] UKSC 37; [2011] WLR (D) 239

“A sentence of imprisonment for public protection could be imposed upon a defendant who was already serving a sentence of life imprisonment.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Regina v Maxwell – WLR Daily

Posted July 22nd, 2011 in law reports, retrials, Supreme Court by sally

Regina v Maxwell [2010] UKSC 48; [2011] WLR (D) 238

“When the Court of Appeal quashed a conviction and then exercised its discretion under section 7 of the Criminal Appeal Act 1968 to order a retrial of the defendant, that decision should not be upset on appeal unless it could be shown that it was plainly wrong in that it was one which no reasonable court could have made or that it took into account immaterial factors or failed to consider material factors.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Regina v Boggild and others – WLR Daily

Posted July 22nd, 2011 in affray, appeals, crime, football banning orders, jurisdiction, law reports, sport by sally

Regina v Boggild and others [2011] WLR (D) 237

“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”

WLR Daily, 19th July 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily

Posted July 22nd, 2011 in arbitration, contracts, insurance, law reports, time limits by sally

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same [2011] EWCA Civ 825; [2011] WLR (D) 234

“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 21st, 2011 in law reports by sally

Supreme Court

Smith, R. v [2011] UKSC 37 (20 July 2011)

Court of Appeal (Criminal Division)

Barkshire & Ors v R. [2011] EWCA Crim B3 (20 July 2011)

Hewgill & Ors, R v [2011] EWCA Crim 1778 (20 July 2011)

Court of Appeal (Civil Division)

Interactive Investor Trading Ltd v City Index Ltd [2011] EWCA Civ 837 (20 July 2011)

AQ (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 833 (20 July 2011)

Drake v Harvey & Ors [2011] EWCA Civ 838 (20 July 2011)

Burridge & Anor v MPH Soccer Management Ltd & Ors [2011] EWCA Civ 835 (20 July 2011)

Haq v Island Homes Housing Association & Anor [2011] EWCA Civ 805 (20 July 2011)

BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809 (20 July 2011)

Derwent Holdings Ltd v Trafford Borough Council & Ors [2011] EWCA Civ 832 (20 July 2011)

High Court (Commercial Court)

R G Grain Trade Llp (UK) v Feed Factors International Ltd [2011] EWHC 1889 (Comm) (20 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 20th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Hutcheson (Formerly Known As “KGM”) v News Group Newspapers Ltd & Ors [2011] EWCA Civ 808 (19 July 2011)

O’ Connor v Stuttard [2011] EWCA Civ 829 (19 July 2011)

Driver v Air India Ltd. [2011] EWCA Civ 830 (19 July 2011)

William MciLroy (Swindon) Ltd & Ors v Rannoch Investments Ltd [2011] EWCA Civ 825 (18 July 2011)

Court of Appeal (Criminal Division)

Smith & Ors, R. v [2011] EWCA Crim 1772 (19 July 2011)

High Court (Administrative Court)

Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 1894 (Admin) (19 July 2011)

High Court (Technology and Construction Court)

Mermec UK Ltd v Network Rail Infrastructure Ltd [2011] EWHC 1847 (TCC) (19 July 2011)

Source: www.bailii.org.uk

BAILII: Recent Decisions

Posted July 19th, 2011 in law reports by sally

Supreme Court

Duncombe & Ors v Secretary of State for Children, Schools and Families [2011] UKSC 36 (15 July 2011)

High Court (Patents Court)

Ranbaxy (UK) Ltd v Astrazeneca AB [2011] EWHC 1831 (Pat) (15 July 2011)

Select Healthcare (UK) Ltd v Cromptons Healthcare Ltd & Anor [2011] EWHC 1830 (Pat) (15 July 2011)

Source: www.bailii.org

Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey – WLR Daily

Posted July 19th, 2011 in appeals, housing, insolvency, landlord & tenant, law reports, repossession by sally

Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey [2011] EWCA Civ 813; [2011] WLR (D) 233

“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Revenue and Customs v Jones & Anor [2011] EWCA Civ 824 (18 July 2011)

Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 826 (18 July 2011)

High Court (Chancery Division)

Milsom & Ors v Ablyazov [2011] EWHC 1846 (Ch) (18 July 2011)

High Court (Administrative Court)

Secretary of State for the Home Department v BF [2011] EWHC 1878 (Admin) (18 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 18th, 2011 in law reports by sally

Supreme Court

Home Office v Tariq [2011] UKSC 35 (13 July 2011)

Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34 (13 July 2011)

Court of Appeal (Civil Division)

Brighton and Hove City Council v PM & Ors [2011] EWCA Civ 795 (12 July 2011)

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803 (12 July 2011)

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 (12 July 2011)

Shovelar & Ors v Lane & Ors [2011] EWCA Civ 802 (12 July 2011)

JS v Secretary of State for Work and Pensions [2011] EWCA Civ 806 (13 July 2011)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1776 (Ch) (07 July 2011)

High Court (Administrative Court)

R & Ors (Minors), R (on the application of) v The Child and Family Court Advisory and Support Service [2011] EWHC 1774 (Admin) (12 July 2011)

English Speaking Board (International) Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1788 (Admin) (12 July 2011)

NM, R (on the application of) v Secretary of State for Justice [2011] EWHC 1816 (Admin) (12 July 2011)

RT, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1792 (Admin) (13 July 2011)

U & Partners(East Anglia) Ltd, R (on the application of) v The Broads Authority [2011] EWHC 1824 (Admin) (13 July 2011)

Burgin & Anor v Commission of Police for the Metropolis & Ors [2011] EWHC 1835 (Admin) (13 July 2011)

High Court (Technology and Construction Court)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

High Court (Commercial Court)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1777 (Comm) (07 July 2011)

Source: www.bailii.org

Regina v K – WLR Daily

Posted July 18th, 2011 in forced labour, human rights, law reports, news, trafficking in human beings by sally

Regina v K [2011] EWCA Crim 1691; [2011] WLR (D) 231

“Slavery, servitude and forced or compulsory labour were core elements of the criminal offence of trafficking into the United Kingdom for exploitation and failing to remunerate at the national minimum wage was not determinative of guilt.”

WLR Daily, 8th July 2011

Source: www.iclr.co.uk

Silkstone and another v Tatnall and another – WLR Daily

Posted July 18th, 2011 in land registration, law reports by sally

Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230

“While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk

Tariq v Home Office (JUSTICE and another intervening) – WLR Daily

Posted July 18th, 2011 in closed material, employment tribunals, human rights, law reports, race discrimination, religious discrimination by sally

Tariq v Home Office (JUSTICE and another intervening) [2011] UKSC 35; [2011] WLR (D) 229

“The closed material procedure provided in the statutory scheme established for employment tribunals was in principle compatible with European Union law and article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

Al Rawi and others v Security Service and others (Liberty and others intervening) – WLR Daily

Posted July 18th, 2011 in closed material, disclosure, evidence, law reports, public interest immunity by sally

Al Rawi and others v Security Service and others (Liberty and others intervening) [2011] UKSC 34; [2011] WLR (D) 228

“It was for Parliament, if it so decided, and not for the courts, to introduce a closed material procedure to replace the existing process developed by the common law for dealing with claims to public interest immunity in an ordinary civil claim for damages.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

Inversiones Frieira SL and another v Colyzeo Investors II LP and another – WLR Daily

Posted July 18th, 2011 in law reports, partnerships by sally

Inversiones Frieira SL and another v Colyzeo Investors II LP and another [2011] EWHC 1762 (Ch); [2011] WLR (D) 227

“The legal structure of a collective investment scheme was that of a partnership and the legal rights of the investors were determined by that legal structure and not by the economic purpose.”

WLR Daily, 14th July 2011

Source: www.iclr.co.uk