law reports – Page 206 – Current Awareness

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another – WLR Daily

Posted April 21st, 2011 in appeals, education, law reports by sally

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142

“The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the school. The requirement in regulation 18 that two of the foundation governors should at the time of their appointment be eligible for election or appointment as parent governors was fulfilled by the presence on the existing governing body of two foundation governors who had been so eligible when they were appointed.”

WLR Daily, 14th April 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.

ETK v News Group Newspapers Ltd – WLR Daily

Posted April 21st, 2011 in appeals, children, human rights, injunctions, law reports, privacy by sally

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 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.

Djanogly v Westminster City Council – WLR Daily

Posted April 21st, 2011 in appeals, law reports, motorcycles, parking, road traffic by sally

Djanogly v Westminster City Council [2011] EWCA Civ 432; [2011] WLR (D) 140

“When making a traffic management order a local authority was entitled to see the fair spreading of costs for suitable and adequate parking facilities between motorcyclists and car drivers as a legitimate consideration.”

WLR Daily, 19th April 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 April 20th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Williams & Ors v Redcard Ltd & Ors [2011] EWCA Civ 466 (20 April 2011)

Berezovsky & Anor v Edmiston & Company Ltd [2011] EWCA Civ 431 (19 April 2011)

Finurba Corporate Finance Ltd v Sipp SA & Anor [2011] EWCA Civ 465 (20 April 2011)

Okafor & Ors v Secretary of State for the Home Department [2011] EWCA Civ 499 (20 April 2011)

Vestergaard Frandsen SA ( MVf3 APS) & Ors v Bestnet Europe Ltd & Ors [2011] EWCA Civ 424 (20 April 2011)

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456 (20 April 2011)

Davenport v The City of Westminster [2011] EWCA Civ 458 (19 April 2011)

Buckinghamshire County Council v Royal Borough of Kingston Upon Thames [2011] EWCA Civ 457 (19 April 2011)

High Court (Queen’s Bench Division)

Montgomery v Brown [2011] EWHC 875 (QB) (08 April 2011)

OPQ v BJM & Anor [2011] EWHC 1059 (QB) (20 April 2011)

Henry v News Group Newspapers Ltd (Rev 1) [2011] EWHC 1058 (QB) (20 April 2011)

High Court (Chancery Division)

Hussain & Anor v Wycombe Islamic Mission and Mosque Trust Ltd & Anor [2011] EWHC 971 (Ch) (20 April 2011)

Alliance & Anor v Tishbi & ors [2011] EWHC 1015 (Ch) (20 April 2011)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd. [2011] EWHC 1038 (Ch) (20 April 2011)

The Nottinghamshire and City of Nottingham Fire Authority v Gladman Commercial Properties [2011] EWHC 1918 (Ch) (20 April 2011)

Virgin Enterprises Ltd v Casey [2011] EWHC 1036 (Ch) (20 April 2011)

Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) (20 April 2011)

High Court (Family Division)

X, Y, Z (Minors), Re [2011] EWHC 402 (Fam) (03 March 2011)

High Court (Administrative Court)

British Telecommunications Plc & Anor, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin) (20 April 2011)

Griffin, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 943 (Admin) (20 April 2011)

Ismailaj v The Parole Board of England & Wales & Anor [2011] EWHC 1020 (Admin) (20 April 2011)

British Bankers Association, R (on the application of) v The Financial Services Authority & Anor [2011] EWHC 999 (Admin) (20 April 2011)

High Court (Commercial Court)

Pacific Inter-Link Sdn Bhd v Efko Food Ingredients Ltd. [2011] EWHC 923 (Comm) (13 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 20th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

GJB v R. [2011] EWCA Crim 867 (01 April 2011)

High Court (Administrative Court)

Secerno Ltd & Ors v Oxford Magistrates Court & Anor [2011] EWHC 1009 (Admin) (19 April 2011)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company & Ors (Rev 1) [2011] EWHC 1019 (Comm) (19 April 2011)

Source: www.bailii.org

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

Posted April 20th, 2011 in civil procedure rules, disclosure, evidence, law reports, private hearings by sally

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 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.

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 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 April 19th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Djanogly v Westminster City Council [2011] EWCA Civ 432 (19 April 2011)

ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 (19 April 2011)

Thorne v Courtier & Ors [2011] EWCA Civ 460 (19 April 2011)

CMA- CGM Marseille v Petro Broker International [2011] EWCA Civ 461 (19 April 2011)

Sandhu (t/a Isher Fashions UK) v Jet Star Retail Ltd & Ors [2011] EWCA Civ 459 (19 April 2011)

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 (19 April 2011)

ETK v News Group Newspapers Ltd. [2011] EWCA Civ 439 (19 April 2011)

Boswell & Ors v Lawson & Ors [2011] EWCA Civ 452 (19 April 2011)

High Court (Chancery Division)

Amin v Amin [2011] EWHC 1026 (Ch) (19 April 2011)

Cattle v Evans & Anor [2011] EWHC 945 (Ch) (19 April 2011)

High Court (Queen’s Bench Division)

Najib v John Laing Plc [2011] EWHC 1016 (QB) (19 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC 872 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

CRJ Services Ltd v Lanstar Ltd (t/a CSG Lanstar) [2011] EWHC 972 (TCC) (19 April 2011)

Barr & Ors v Biffa Waste Services Ltd (No 3) [2011] EWHC 1003 (TCC) (19 April 2011)

Mears Ltd v Leeds City Council (No 2) [2011] EWHC 1031 (TCC) (19 April 2011)

Source: www.bailii.org

Court results put on Twitter by West Midlands Police – BBC News

Posted April 19th, 2011 in internet, judgments, law reports, news, police by sally

“Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted April 18th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Allan & Ors, R. v [2011] EWCA Crim 1022 (18 April 2011)

Beesley & Anor, R. v [2011] EWCA Crim 1021 (18 April 2011)

Court of Appeal (Civil Division)

S (Children) , RE [2011] EWCA Civ 454 (18 April 2011)

RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434 (18 April 2011)

Rooff Ltd. v Secretary of State for Communities & Local Government [2011] EWCA Civ 435 (18 April 2011)

MD (China) & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 453 (18 April 2011)

High Court (Queen’s Bench Division)

Apsion v Dilnot [2011] EWHC 869 (QB) (18 April 2011)

Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor [2011] EWHC 776 (QB) (18 April 2011)

Harty v Sabre International Security Ltd & Anor [2011] EWHC 852 (QB) (05 April 2011)

High Court (Administrative Court)

B v The District Court In Trutnov & Anor (Two Czech Judicial Authorities) [2011] EWHC 963 (Admin) (15 April 2011)

Jorgenson, R (on the application of) v Secretary of State for Justice [2011] EWHC 977 (Admin) (15 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 18th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Baxendale- Walker v Middleton & Ors [2011] EWHC 998 (QB) (18 April 2011)

High Court (Administrative Court)

NXT, R (on the application of) & Ors v Secretary of State for the Home Department [2011] EWHC 969 (Admin) (15 April 2011)

Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) (15 April 2011)

Source: www.bailii.org

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Posted April 18th, 2011 in appeals, database right, default judgments, law reports by sally

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 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 April 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Cardinal Vaughan Memorial School, R (on the application of) v The Archbishop of Westminster & Anor [2011] EWCA Civ 433 (14 April 2011)

H and L v A City Council [2011] EWCA Civ 403 (14 April 2011)

Marcroft v Heartland (Midlands) Ltd [2011] EWCA Civ 438 (14 April 2011)

Desai v National Car Parks Services (NCP) [2011] EWCA Civ 402 (14 April 2011)

Court of Appeal (Criminal Division)

Deeney, R. v [2011] EWCA Crim 893 (14 April 2011)

R & Anor, R. v [2011] EWCA Crim 944 (13 April 2011)

Letchford & Ors, R. v [2011] EWCA Crim 943 (13 April 2011)

High Court (Administrative Court)

Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council & Anor [2011] EWHC 927 (Admin) (14 April 2011)

All About Rights Law Practice, R (on the application of) v Legal Services Commission [2011] EWHC 964 (Admin) (14 April 2011)

Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011)

Inzunza & Ors v United States of America & Ors (Rev 1) [2011] EWHC 920 (Admin) (14 April 2011)

K and AC Jackson & Son, R (on the application of) v Department for the Environment, Food and Rural Affairs [2011] EWHC 956 (Admin) (14 April 2011)

High Court (Chancery Division)

Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) (14 April 2011)

Prudential Staff Pensions Ltd v The Prudential Assurance Company Ltd & Ors [2011] EWHC 960 (Ch) (14 April 2011)

Europeans Ltd v Revenue and Customs [2011] EWHC 948 (Ch) (13 April 2011)

High Court (Commercial Court)

Dhanani v Crasnianski [2011] EWHC 926 (Comm) (15 April 2011)

Al- Sadi v Al- Sadi [2011] EWHC 976 (Comm) (14 April 2011)

High Court (Patents Court)

H Lundbeck AS v Norpharma SPA & Ors [2011] EWHC 907 (Pat) (14 April 2011)

High Court (Queen’s Bench Division)

Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB) (14 April 2011)

Goodwill SIP Ltd & Ors v London Borough of Newham [2011] EWHC 980 (QB) (14 April 2011)

Source: www.bailii.org

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Posted April 15th, 2011 in freezing injunctions, human rights, judicial review, law reports, proscribed organisations, terrorism by sally

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350; [2011] WLR (D) 135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of 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 April 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 (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Posted April 15th, 2011 in advertising, law reports, licensing by sally

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 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.

Jenson and another v Faux – WLR Daily

Posted April 15th, 2011 in building law, defective premises, law reports, statutory duty by sally

Jenson and another v Faux [2011] EWCA Civ 423; [2011] WLR (D) 133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

WLR Daily, 13th April 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.

Baker v Quantum Clothing Group Ltd and others – WLR Daily

Posted April 15th, 2011 in health & safety, law reports, noise, statutory duty by sally

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17; [2011] WLR (D) 132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

WLR Daily, 13th April 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.

Jones v First-tier Tribunal – WLR Daily

Posted April 14th, 2011 in appeals, compensation, criminal injuries compensation, grievous bodily harm, law reports by sally

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 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.

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV – WLR Daily

Posted April 14th, 2011 in customs and excise, EC law, law reports by sally

Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV (Case C-153/10); [2011] WLR (D) 130

“A person who made customs declarations in his own name and on his own behalf could not rely on a binding tariff information of which he was not the holder, but which associated company on whose instructions he made those declarations. A person could, however, in proceedings relating to the imposition of customs duties, challenge the imposition of duties by submitting as evidence a binding tariff information issued in another member state.”

WLR Daily, 7th April 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.