law reports – Page 202 – Current Awareness

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wright v Cambridge Medical Group (a partnership) – WLR daily

Posted June 13th, 2011 in causation, delay, doctors, law reports, negligence, personal injuries by sally

Wright v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669; [2011] WLR (D) 189

“General practitioners were liable in negligence for the late referral of an infant to hospital where, if she had received effective treatment in time, she would probably have made a full recovery from an infection which in fact caused permanent damage to her hip.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 9th, 2011 in law reports by sally

High Court (Commercial Court)

Michael Wilson & Partners Ltd v Emmott [2011] EWHC 1441 (Comm) (08 June 2011)

High Court (Queen’s Bench Division)

Goodwin v NGN Ltd [2011] EWHC 1437 (QB) (09 June 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 8th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Araci v Fallon [2011] EWCA Civ 668 (04 June 2011)

RU (Bangladesh) v Secretary of State for the Home Department [2011] EWCA Civ 651 (08 June 2011)

High Court (Commercial Court)

Riva Bella SA v Tamsen Yachts GmbH [2011] EWHC 1434 (Comm) (06 June 2011)

Lehman Brothers Commodity Services Inc v Credit Agricole Corporate and Investment Bank [2011] EWHC 1390 (Comm) (07 June 2011)

High Court (Technology and Construction Court)

Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors [2011] EWHC 1411 (TCC) (27 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 7th, 2011 in law reports by michael

High Court (Chancery Division)

Mahon & Anor v FBN Bank (UK) Ltd [2011] EWHC 1432 (Ch) (6 June 2011)

Green (Liquidator of Stealth Construction Ltd) v Ireland [2011] EWHC 1305 (Ch) (20 May 2011)

High Court (Queen’s Bench Division)

Mabiriizi v HSBC Insurance (UK) Ltd [2011] EWHC 1280 (QB) (20 May 2011)

OOO & Ors v The Commissioner of Police for the Metropolis [2011] EWHC 1246 (QB) (20 May 2011)

High Court (Administrative Court)

Francis, R (on the application of) v Secretary of State for Justice & Anor [2011] EWHC 1271 (Admin) (20 May 2011)

High Court (Technology and Construction Court)

States of Guernsey v Jacobs UK Ltd [2011] EWHC 918 (TCC) (15 April 2011)

Donne Place Investments Ltd & Anor v McDonnell & Anor [2011] EWHC 930 (TCC) (14 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 6th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Spencer v S Franses Ltd [2011] EWHC 1269 (QB) (20 May 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Tate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change & Anor [2011] EWCA Civ 664 (03 June 2011)

High Court (Chancery Division)

Southern Counties Fresh Foods Ltd, Re [2011] EWHC 1370 (Ch) (01 June 2011)

Source: www.bailii.org

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by sally

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10); [2011] WLR (D) 188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 3rd, 2011 in law reports by sally

High Court (Chancery Division)

Jean Christian Perfumes Ltd & Anor v Thakrar (t/a Brand Distributor or Brand Distributors Ltd) [2011] EWHC 1383 (Ch) (27 May 2011)

Southern Counties Fresh Foods Ltd, Re [2011] EWHC 1370 (Ch) (01 June 2011)

High Court (Queen’s Bench Division)

Barnes & Anor v Black Horse Ltd [2011] EWHC 1416 (QB) (31 May 2011)

High Court (Administrative Court)

Parker Rhodes Hickmotts Solicitors v The Legal Services Commission [2011] EWHC 1323 (Admin) (25 May 2011)

High Court (Technology and Construction Court)

Berent v Family Mosaic Housing & Ors [2011] EWHC 1353 (TCC) (25 May 2011)

Source: www.bailii.org

Regina (Cala Homes (South) Ltd v Secretary of State for Communities and Local Government (No 2) – WLR Daily

Posted June 2nd, 2011 in appeals, law reports, planning, regional strategies by sally

Regina (Cala Homes (South) Ltd v Secretary of State for Communities and Local Government (No 2) [2011] EWCA Civ 639; [2011] WLR (D) 187

“The fact that the government was going ahead with the abolition of regional planning strategies in England was a legitimate material consideration for those determining planning applications and appeals even though the existing statutory framework required that each region should have a regional strategy.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v D – WLR Daily

Posted June 2nd, 2011 in appeals, costs, law reports, part 36 offers by sally

C v D [2011] EWCA Civ 646; [2011] WLR (D) 186

“An offer to settle under CPR Part 36 could not be time limited. An offer stated to be ‘open for 21 days’ did not lapse at the end of that period, though it might be withdrawn by the offeror. On the facts, the terms of the offer, and subsequent emails, did not amount to a withdrawal of the offer.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

Posted June 2nd, 2011 in appeals, arbitration, injunctions, jurisdiction, law reports by sally

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647; [2011] WLR (D) 185

“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Shoesmith) v OFSTED and others – WLR Daily

Posted June 2nd, 2011 in appeals, law reports, local government, ministers' powers and duties, reports, unfair dismissal by sally

Regina (Shoesmith) v OFSTED and others [2011] EWCA Civ 642; [2011] WLR (D) 184

“The report of Ofsted into child safeguarding arrangements within a local authority, requested by the Secretary of State for Education following the death of a child while on the authority’s child protection register, was properly and fairly carried out under the statutory requirements of section 20 of the Children Act 2004. In the circumstances, more formal and demanding standards were not obligatory.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 31st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Palmer, R. v [2011] EWCA Crim 1316 (12 May 2011)

Attorney General Reference No 017 Of 2011 [2011] EWCA Crim 1319 (12 May 2011)

Attorney General Reference No 18 of 2011 [2011] EWCA Crim 1300 (12 May 2011)

Court of Appeal (Civil Division)

Illingworth, R. (on the application of) v Leeds City Council [2011] EWCA Civ 640 (26 May 2011)

Omega SA v Omega Engineering Incorporated [2011] EWCA Civ 645 (27 May 2011)

Cala Homes (South) Ltd, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2011] EWCA Civ 639 (27 May 2011)

Ridgeland Properties Ltd v Bristol City Council [2011] EWCA Civ 649 (27 May 2011)

High Court (Chancery Division)

Group Lotus Plc & Anor v 1Malaysia Racing Team SDN BHD & Ors [2011] EWHC 1366 (Ch) (27 May 2011)

High Court (Administrative Court)

Sitek v Circuit Court In Swidnica, Poland [2011] EWHC 1378 (Admin) (27 May 2011)

DL & Anor v London Borough of Newham [2011] EWHC 1127 (Admin) (27 May 2011)

Hassan v Secretary of State for Justice [2011] EWHC 1359 (Admin) (27 May 2011)

Atapattu, R. (On the Application of) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011)

High Court (Commercial Court)

Awal Bank BSC v Al- Sanea [2011] EWHC 1354 (Comm) (27 May 2011)

Hess Corp v Stena Drillmax III Ltd. & Anor [2011] EWHC 1340 (Comm) (27 May 2011)

Suek AG v Glencore International AG [2011] EWHC 1361 (Comm) (27 May 2011)

Source: www.bailii.org

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department – WLR Daily

Posted May 31st, 2011 in appeals, immigration, law reports, state immunity by sally

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616; [2011] WLR (D) 183

“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sutton and others v England and others – WLR Daily

Posted May 31st, 2011 in appeals, law reports, trusts by sally

Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182

“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Konsumentombudsmannen v Ving Sverige AB – WLR Daily

Posted May 31st, 2011 in advertising, consumer protection, EC law, law reports by sally

Konsumentombudsmannen v Ving Sverige AB (Case C-122/10); [2011] WLR (D) 181

“A commercial communication constituted an ‘invitation to purchase’ within the meaning of article 2(i) of Parliament and Council Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, as soon as the information on the product and its price were sufficient for the consumer to be able to make a transactional decision. Information on price could be sufficient for those purposes where it contained an entry-level price and information on the product’s characteristics could be contained in a verbal or visual reference. It was sufficient for the purposes of providing the material information for an invitation to purchase required pursuant to article 7(4)(a) of the Directive for only certain of the product’s main characteristics to be given in that invitation and for the trader to refer in addition to its website, provided the essential information was on that website. Whether or not a reference to an entry-level price was misleading for the purposes of article 7(4)(c) was for the national court to ascertain in the circumstances of the case.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.