law reports – Page 199 – Current Awareness

“A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had deliberately been excluded from the conditions in which the status of worker was retained despite a cessation of work.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 14th, 2011 in law reports by sally

High Court (Administrative Court)

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

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

High Court (Chancery Division)

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

High Court (Commercial Court)

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

High Court (Technology and Construction Court)

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

Source: www.bailii.org

Regina v Unah – WLR Daily

Posted July 14th, 2011 in defences, law reports, possession of false identity documents by sally

Regina v Unah [2011] WLR (D) 225

“Where a defendant sought to rely on the defence of ‘reasonable excuse’ for the purposes of the offence of possessing a false identity document, contrary to section 25(5) of the Identity Cards Act 2006, the fact that the defendant did not know or believe that the document was false was not of itself a reasonable excuse. However, a defendant was entitled to ask the jury to consider objectively whether he had a reasonable excuse for possessing the material, and the fact that he did not know or believe that it was a false document, because of the circumstances in which it had been obtained, might well have a bearing on that question.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Shovelar and others v Lane and others – WLR Daily

Posted July 14th, 2011 in appeals, constructive trusts, costs, executors, law reports, wills by sally

Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224

“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”

WLR Daily, 12th July2011

Source: www.iclr.co.uk

Pannone LLP v Aardvark Digital Ltd – WLR Daily

Posted July 14th, 2011 in appeals, civil procedure rules, consent orders, law reports, time limits by sally

Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803; [2011] WLR (D) 223

“The court had power to extend the time for compliance with a court order, pursuant to CPR r 3.1(2)(a), and to grant relief from a sanction prescribed by a court order as the consequence of a failure to comply within a specified time, pursuant to CPR r 3.8, even where the order had been made by consent.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Jones and another v Ruth and another – WLR Daily

Posted July 14th, 2011 in appeals, damages, harassment, law reports, mental health by sally

Jones and another v Ruth and another [2011] EWCA Civ 804; [2011] WLR (D) 222

“Foreseeability of the injury or loss sustained by a claimant was not an essential element in the cause of action for harassment under section 3 of the Protection from Harassment Act 1997.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk

Regina v Dobson – WLR Daily

Posted July 14th, 2011 in appeals, law reports, verdicts by sally

Regina v Dobson [2011] WLR (D) 221

“The principle that, even where there was a logical inconsistency in the verdicts of a jury, a conviction might be safe if the court found that there was an explanation for the inconsistency was subject to the limitation that the explanation had to fall within the parameters of the case as summed up by the trial judge.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 13th, 2011 in law reports by sally

Supreme Court

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

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

Court of Appeal (Civil Division)

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

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

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

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

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

BAILII: Recent Decisions

Posted July 12th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

SK, R. v [2011] EWCA Crim 1691 (08 July 2011)

High Court (Administrative Court)

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)

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)

RWE Npower Renewables Ltd. v The Welsh Ministers [2011] EWHC 1778 (Admin) (08 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 11th, 2011 in law reports by sally

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd. v Associated British Ports [2011] EWHC 1790 (Ch) (27 June 2011)

KAR Oil Refining Ltd & Anor v Frion Ltd & Ors [2011] EWHC 1813 (Ch) (30 June 2011)

High Court (Commercial Court)

Sovarex SA v Romero Alvarez SA [2011] EWHC 1661 (Comm) (29 June 2011)

Standard Chartered Bank v Ceylon Petroleum Corporation [2011] EWHC 1785 (Comm) (11 July 2011)

High Court (Technology and Construction Court)

Harrison & Ors v Shepherd Homes Ltd & Ors [2011] EWHC 1811 (TCC) (11 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

SH v HH [2011] EWCA Civ 796 (08 July 2011)

Ganley v Jones [2011] EWCA Civ 754 (06 July 2011)

Ministry of Defence v Wood [2011] EWCA Civ 792 (07 July 2011)

High Court (Family Division)

A & Anor v P & Ors [2011] EWHC 1738 (Fam) (08 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 8th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 794 (08 July 2011)

Hossack, R (on the application of) v Legal Services Commission [2011] EWCA Civ 788 (08 July 2011)

Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 798 (08 July 2011)

Relational LLC v Hodges [2011] EWCA Civ 774 (07 July 2011)

Fox v Foundation Piling Ltd [2011] EWCA Civ 790 (07 July 2011)

MK v CK [2011] EWCA Civ 793 (07 July 2011)

The Chief Land Registrar v Franks & Ors [2011] EWCA Civ 772 (07 July 2011)

Hufton v Somerset County Council [2011] EWCA Civ 789 (07 July 2011)

Georgiou v Secretary of State for Communities and Local Government & Anor [2011] EWCA Civ 775 (07 July 2011)

Hayden& Anor v Charlton (Rev 1) [2011] EWCA Civ 791 (07 July 2011)

High Court (Administrative Court)

Thamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1763 (Admin) (08 July 2011)

High Court (Chancery Division)

Horn & ors v Commercial Acceptances Ltd [2011] EWHC 1757 (Ch) (08 July 2011)

Berezovsky v Hine & Ors [2011] EWHC 1716 (Ch) (07 July 2011)

High Court (Commercial Court)

Berezovsky v Hine & Ors [2011] EWHC 1718 (Comm) (07 July 2011)

High Court (Patents Court)

Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Anor [2011] EWHC 1669 (Pat) (05 July 2011)

High Court (Queen’s Bench Division)

White v Lynch [2011] EWHC 1664 (QB) (07 July 2011)

KJO v XIM [2011] EWHC 1768 (QB) (07 July 2011)

High Court (Technology and Construction Court)

Broster & Ors v Galliard Docklands Ltd & Anor [2011] EWHC 1722 (TCC) (07 July 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 7th, 2011 in law reports by sally

Supreme Court

NML Capital Ltd v Argentina [2011] UKSC 31 (6 July 2011)

McDonald, R (on the application of) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 (6 July 2011)

Court of Appeal (Civil Division)

Dalton v Nottinghamshire County Council [2011] EWCA Civ 776 (06 July 2011)

AH v Secretary of State for the Home Department [2011] EWCA Civ 787 (06 July 2011)

Howell & Ors v Lees- Millais & Ors [2011] EWCA Civ 786 (06 July 2011)

Garnat Trading & Shipping (Singapore) Pte Ltd & Anor v Baominh Insurance Corp [2011] EWCA Civ 773 (06 July 2011)

High Court (Chancery Division)

Lewis v Client Connection Ltd. [2011] EWHC 1627 (Ch) (06 July 2011)

Balli (Also Known As Ravinder Singh), Re Contempt Of Court [2011] EWHC 1736 (Ch) (01 July 2011)

Leighton Contracting (Qatar) WLL v Simms & Ors [2011] EWHC 1735 (Ch) (22 June 2011)

High Court (Queen’s Bench Division)

Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003 [2011] EWHC 1628 (QB) (06 July 2011)

High Court (Administrative Court)

Babakandi v Westminster City Council [2011] EWHC 1756 (Admin) (06 July 2011)

High Court (Technology and Construction Court)

Fenice Investments Inc v Erram Falkus Construction Ltd [2011] EWHC 1678 (TCC) (06 July 2011)

Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1679 (TCC) (06 July 2011)

Source: www.bailii.org

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted July 7th, 2011 in enforcement, international law, law reports, state immunity, Supreme Court by sally

NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220

“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Regina (McDonald) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted July 7th, 2011 in care workers, law reports, social services, Supreme Court by sally

Regina (McDonald) v Kensington and Chelsea Royal London Borough Council [2011] UKSC 33; [2011] WLR (D) 218

“A local authority had been entitled to withdraw the funding for a night-time carer to assist a disabled person to use a commode when required, and to instead provide her with incontinence pads to wear at night.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Mereworth v Ministry of Justice – WLR Daily

Posted July 7th, 2011 in jurisdiction, law reports, parliament, peerages & dignities by sally

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217

“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

P v Independent Print Ltd. & Ors [2011] EWCA Civ 756 (04 July 2011)

Glentree Estates Ltd v Holbeton Ltd [2011] EWCA Civ 755 (05 July 2011)

High Court (Chancery Division)

Schütz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1712 (Ch) (05 July 2011)

High Court (Administrative Court)

D Morgan Plc, R (on the application of) v The Welsh Ministers & Anor [2011] EWHC 1680 (Admin) (05 July 2011)

Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1726 (Admin) (05 July 2011)

High Court (Commercial Court)

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2011] EWHC 1721 (Comm) (05 July 2011)

Pioneer Freight Futures Company Ltd v Cosco Bulk Carrier Company Ltd [2011] EWHC 1692 (Comm) (05 July 2011)

Source: www.bailii.org

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat – WLR Daily

Posted July 6th, 2011 in copyright, EC law, fees, law reports, libraries by sally

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat (Case C-271/10); [2011] WLR (D) 216

“National legislation establishing a system under which the remuneration payable to authors in the event of public lending was calculated exclusively according to the number of borrowers registered with public establishments on the basis of a flat-rate amount fixed per borrower and per year was contrary to article 5(1) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 2006 L376, p28).”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk