BAILII: Recent Decisions

Posted April 13th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Tedjame- Mortty, R. v [2011] EWCA Crim B1 (05 April 2011)

Court of Appeal (Civil Division)

Jones v First Tier Tribunal (Social Entitlement Chamber) [2011] EWCA Civ 400 (12 April 2011)

Macpherson v Wise [2011] EWCA Civ 399 (12 April 2011)

Court of Appeal (Administrative Court)

Rahman, R (on the application of) v Birmingham City Council [2011] EWHC 944 (Admin) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 12th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Yeganeh v Zurich Plc & Anor [2011] EWCA Civ 398 (11 April 2011)

Ambrosiadou v Coward [2011] EWCA Civ 409 (12 April 2011)

Murphy v Wyatt [2011] EWCA Civ 408 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 405 (12 April 2011)

Knight Frank LLP v Du Haney [2011] EWCA Civ 404 (12 April 2011)

Revenue & Customs v Mayes [2011] EWCA Civ 407 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 406 (12 April 2011)

High Court (Chancery Division)

Idessa (UK) Ltd, Re [2011] EWHC 804 (Ch) (31 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Seeff & Anor v Ho & Anor [2011] EWCA Civ 401 (11 April 2011)

High Court (Chancery Division)

Wincanton Group Ltd v Garbe Logistics UK 1 SARL & Anor [2011] EWHC 905 (Ch) (11 April 2011)

High Court (Commercial Court)

Dhabi v Sd Marine Services [2011] EWHC 848 (Comm) (11 April 2011)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Posted April 11th, 2011 in human rights, judicial review, law reports, sponsored immigrants by sally

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

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.

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton – WLR Daily

Posted April 11th, 2011 in EC law, examinations, freedom of movement, law reports by sally

Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton (Case C-424/09); [2011] WLR (D) 128

“The mechanisms for the recognition of higher education diplomas pursuant to article 3(b) of Council Directive 89/48/EEC, as amended, were applicable where the profession at issue was a regulated professional activity within the meaning of the second sub-paragraph of article 1(d) of the Directive in the member state of origin, irrespective of whether the person concerned was or was not a full member of the professional association or organisation concerned. In order for professional experience to be taken into account for the purposes of recognition under article 3(b) certain specific conditions had to be satisfied.”

WLR Daily, 5th 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 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Merck Sharp & Dohme Corp v Teva UK Ltd [2011] EWCA Civ 382 (08 April 2011)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2011] EWHC 876 (QB) (08 April 2011)

The Legal Services Commission v F & Ors [2011] EWHC 899 (QB) (08 April 2011)

High Court (Chancery Division)

Moria & Anor v Bednash [2011] EWHC 839 (Ch) (08 April 2011)

Batt v Royal Mail [2011] EWHC 900 (Ch) (08 April 2011)

High Court (Administrative Court)

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin) (07 April 2011)

Coleiro v The Court of Magistrates, Malta [2011] EWHC 873 (Admin) (08 April 2011)

Crosbie v Secretary of State for Defence [2011] EWHC 879 (Admin) (07 April 2011)

High Court (Technology and Construction Court)

Zodiac Training Ltd v Third Eye Technologies Ltd & Anor [2011] EWHC 881 (TCC) (08 April 2011)

High Court (Commercial Court)

Milan Nigeria Ltd v Angeliki B Maritime Company [2011] EWHC 892 (Comm) (08 April 2011)

Amalgamated Metal Corporation Plc v Wragge & Co (A Firm) & Anor [2011] EWHC 887 (Comm) (08 April 2011)

Source: www.bailii.org

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique – WLR Daily

Posted April 8th, 2011 in EC law, freedom of movement, law reports by sally

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Case C-119/09); [2011] WLR (D) 127

“National legislation totally prohibiting the members of a regulated profession from engaging in canvassing was contrary to article 24(1) of European Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ 2006 L 376, p 36).”

WLR Daily, 5th 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.

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th 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 8th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Davies, R v [2011] EWCA Crim 871 (07 April 2011)

Court of Appeal (Civil Division)

Worsdell v Golledge & Anor [2011] EWCA Civ 364 (07 April 2011)

Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

High Court (Administrative Court)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) (07 April 2011)

Source: www.bailii.org

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna – WLR Daily

Posted April 7th, 2011 in customs and excise, EC law, interest, law reports by sally

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Case C-546/09); [2011] WLR (D) 123

“Interest on arrears in relation to customs duties still to be recovered could only be charged pursuant to article 232(1)(b) of Regulation 2913/92, as amended, in respect of the period falling after the deadline by which those duties were to be paid.”

WLR Daily, 31st March 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.

BAILII: Recent Decisions

Posted April 7th, 2011 in law reports by sally

Supreme Court

Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council [2011] UKSC 15 (6 April 2011)

Farstad Supply AS v Enviroco Ltd [2011] UKSC 16 (6 April 2011)

Court of Appeal (Civil Division)

MP (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 362 (06 April 2011)

Dalling v R J Heale & Co Ltd [2011] EWCA Civ 365 (05 April 2011)

High Court (Administrative Court)

Young, R (on the application of) v Governor of Her Majesty’s Prison Highdown & Anor [2011] EWHC 867 (Admin) (06 April 2011)

High Court (Commercial Court)

West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 (Comm) (06 April 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 6th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Makisi v Birmingham City Council [2011] EWCA Civ 355 (31 March 2011)

BM v Secretary of State for the Home Department [2011] EWCA Civ 366 (05 April 2011)

High Court (Queen’s Bench Division)

Le Breton v Petrpodel Resources Ltd [2011] EWHC 769 (QB) (01 April 2011)

High Court (Chancery Division)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 843 (Ch) (05 April 2011)

High Court (Administrative Court)

Panesar (t/a Anami Law), R (on the application of) v Crown Prosecution Service & Anor [2011] EWHC 842 (Admin) (05 April 2011)

High Court (Commercial Court)

Global 5000 Ltd v Wadhawan [2011] EWHC 853 (Comm) (05 April 2011)

Source: www.bailii.org

Ing Bank NV v Ros Roca SA – WLR Daily

Posted April 5th, 2011 in appeals, banking, estoppel, fees, law reports by sally

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 2011

Source: www.lawreports.co.uk

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

Schröder v Finanzamt Hameln – WLR Daily

Posted April 5th, 2011 in EC law, freedom of movement, law reports, rent, taxation by sally

Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121

“National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note 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 4th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Austin & Ors v Miller Argent (South Wales) [2011] EWCA Civ 363 (04 April 2011)

High Court (Queen’s Bench Division)

Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 768 (QB) (30 March 2011)

London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)

Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)

High Court (Family Division)

A Local Authority v. C [2011] EWHC 231 (Fam) (11 February 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 4th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rakib, R v [2011] EWCA Crim 870 (01 April 2011)

Adam & Anor, R v [2011] EWCA Crim 865 (01 April 2011)

Court of Appeal (Civil Division)

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359 (31 March 2011)

Haresign v Clydesdale Bank Plc (t/a Yorkshire Bank) [2011] EWCA Civ 344 (01 April 2011)

Eliassen & Anor v Eliassen & Ors [2011] EWCA Civ 361 (01 April 2011)

Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)

High Court (Queen’s Bench Division)

Hindawi, R (on the application of) v Secretary of State for Justice [2011] EWHC 830 (QB) (01 April 2011)

Bailey & Anor v Kordowski [2011] EWHC 785 (QB) (01 April 2011)

White v Southampton University Hospitals NHS Trust & Anor [2011] EWHC 825 (QB) (01 April 2011)

High Court (Chancery Division)

Assetco Plc v Shannon [2011] EWHC 816 (Ch) (21 March 2011)

High Court (Family Division)

D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)

High Court (Administrative Court)

Sobers, R (on the application of) v Secretary of State for Justice [2011] EWHC 817 (Admin) (01 April 2011)

Bhatt v General Medical Council [2011] EWHC 783 (Admin) (01 April 2011)

Guney, R (on the application of) v Central Criminal Court & Anor [2011] EWHC 767 (Admin) (01 April 2011)

Karwal v General Medical Council [2011] EWHC 826 (Admin) (01 April 2011)

Mansoor, R (on the application of) v Secretary of state for the home department [2011] EWHC 832 (Admin) (23 March 2011)

High Court (Commercial Court)

Pioneer Freight Futures Company Ltd v TMT Asia Ltd [2011] EWHC 778 (Comm) (01 April 2011)

Source: www.bailii.org

Owens v Dudley Metropolitan Borough Council – WLR Daily

Posted April 4th, 2011 in appeals, law reports, local government, pensions, teachers by sally

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Ilott v Mitson and others – WLR Daily

Posted April 4th, 2011 in appeals, law reports, wills by sally

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 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.

European Commission v Italian Republic – WLR Daily

Posted April 4th, 2011 in EC law, fees, freedom of movement, Italy, law reports, legal profession by sally

European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118

“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

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