law reports – Page 208 – Current Awareness

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

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

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

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.

Richardson v Chief Constable of West Midlands Police – WLR Daily

Posted April 4th, 2011 in damages, false imprisonment, law reports, police by sally

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th 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.

BAILII: Recent Decisions

Posted April 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

ING Bank NV v Ros Roca SA [2011] EWCA Civ 353 (31 March 2011)

High Court (Administrative Court)

Chester, R (on the application of) v The Parole Board [2011] EWHC 800 (Admin) (31 March 2011)

High Court (Chancery Division)

Crossco No 4 Unltd & Ors v Jolan Ltd & Ors [2011] EWHC 803 (Ch) (31 March 2011)

Scottish Widows Fund and Life Assurance Society v BGC International [2011] EWHC 729 (Ch) (31 March 2011)

High Court (Queen’s Bench Division)

Lewis v Commissioner of Police of the Metropolis & Ors (Rev 1) [2011] EWHC 781 (QB) (31 March 2011)

Source: www.bailii.org

Schütz (UK) Ltd v Werit UK Ltd and another – WLR Daily

Posted April 1st, 2011 in inventions, law reports, patents by sally

Schütz (UK) Ltd v Werit UK Ltd and another [2011] EWCA Civ 303; [2011] WLR (D) 115

“Where an invention was a product and one asked, for the purposes of section 60(1)(a) of the Patents Act 1977, whether a party had been ‘making’ a product, it was not appropriate to have regard to a ‘whole inventive concept’ test.”

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.

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families – WLR Daily

Posted April 1st, 2011 in EC law, fixed-term contracts, law reports, teachers, unfair dismissal by sally

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 14; [2011] WLR (D) 114

“It was objectively justified, under regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, for the Secretary of State for Children, Schools and Families to employ teachers on a succession of fixed-term contracts for secondment to European Schools.”

WLR Daily, 30th 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.

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Posted April 1st, 2011 in copyright, database right, EC law, jurisdiction, law reports by sally

Football Dataco Ltd and others v Sportradar GmbH and another [2011] EWCA Civ 330; [2011] WLR (D) 113

“There was no good arguable case of copyright infringement under article 3 of Directive 96/9/EC such as to establish that the English court had jurisdiction for the purposes of article 27 of Council Regulation (EC) No 44/2001 where, even though the collection of data might involve some intellectual creation, what was alleged to have been copied was mere data on any reasonable view.”

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.

BAILII: Recent Decisions

Posted March 31st, 2011 in law reports by sally

Supreme Court

Duncombe & Ors v Secretary of State for Children, Schools and Families [2011] UKSC 14 (29 March 2011)

Jones v Kaney [2011] UKSC 13 (29 March 2011)

Lumba (WL) v Secretary of State for the Home Department [2011] UKSC 12 (23 March 2011)

Court of Appeal (Civil Division)

Folgate London Market Ltd v Chaucer Insurance Plc [2011] EWCA Civ 328 (31 March 2011)

W (Children) [2011] EWCA Civ 345 (30 March 2011)

Societe Generale, London Branch v Geys [2011] EWCA Civ 307 (30 March 2011)

High Court (Administrative Court)

Rauniar v General Medical Council [2011] EWHC 782 (Admin) (30 March 2011)

High Court (Patents Court)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2011] EWHC 730 (Pat) (29 March 2011)

High Court (Queen’s Bench Division)

The Rugby Football Union v Viagogo Ltd. [2011] EWHC 764 (QB) (30 March 2011)

Cook v Telegraph Media Group Ltd [2011] EWHC 763 (QB) (29 March 2011)

Richardson v The Chief Constable of West Midlands Police [2011] EWHC 773 (QB) (29 March 2011)

High Court (Technology and Construction Court)

Durham County Council v Jeremy Kendall (t/a HLB Architects) [2011] EWHC 780 (TCC) (31 March 2011)

Source: www.bailii.org

Regina v Taylor (George Charles) – WLR Daily

Posted March 31st, 2011 in appeals, documents, insolvency, law reports, winding up by sally

Regina v Taylor (George Charles) [2011] EWCA Crim 728; [2011] WLR (D) 108

“Records kept on computer that affected or related to a company’s property or affairs were within the composite expression ‘book or paper affecting or relating to the company’s property or affairs’ within section 206(1)(c) of the Insolvency Act 1986.”

WLR Daily, 25th 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.

Jones v Kaney – WLR Daily

Posted March 31st, 2011 in expert witnesses, immunity, law reports, Supreme Court by sally

Jones v Kaney [2011] UKSC 13; [2011] WLR (D) 109

“The immunity from suit for breach of duty that expert witnesses had previously enjoyed in relation to their participation in legal proceedings should be abolished.”

WLR Daily, 30th 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.

Pritchard v Co-operative Group (CWS) Ltd – WLR Daily

Posted March 31st, 2011 in appeals, damages, law reports, negligence by sally

Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329; [2011] WLR (D) 110

“Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence.”

WLR Daily,28th 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.

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted March 31st, 2011 in damages, ex turpi causa, injunctions, law reports, sale of goods by sally

Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111

“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”

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.

Mohammed and others v Home Office – WLR Daily

Posted March 31st, 2011 in appeals, duty of care, immigration, law reports, negligence by sally

Mohammed and others v Home Office [2011] EWCA Civ 351; [2011] WLR (D) 112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

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.

Regina (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Posted March 30th, 2011 in appeals, immigration, law reports by sally

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th 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.

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 30th, 2011 in appeals, EC law, judicial review, law reports, planning by sally

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th 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 March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

(H) v R. [2011] EWCA Crim 730 (29 March 2011)

Court of Appeal (Civil Division)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2011] EWCA Civ 330 (29 March 2011)

Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303 (29 March 2011)

Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor [2011] EWCA Civ 302 (29 March 2011)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2011] EWCA Civ 349 (29 March 2011)

Brookes v HSBC Bank Plc [2011] EWCA Civ 354 (29 March 2011)

Lee v Secretary of State for the Home Department [2011] EWCA Civ 348 (29 March 2011)

High Court (Administrative Court)

Mehmet, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 741 (Admin) (29 March 2011)

High Court (Chancery Division)

Moore v Williamson & Ors [2011] EWHC 672 (Ch) (29 March 2011)

High Court (Family Division)

DE v AB [2010] EWHC 3792 (Fam) (30 November 2010)

High Court (Commercial Court)

Bank Leumi (UK) Plc v Wachner [2011] EWHC 656 (Comm) (22 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No. 125 of 2010 [2011] EWCA Crim 640 (02 March 2011)

Attorney General’s Reference No. 77 of 2010 [2011] EWCA Crim 636 (02 March 2011)

Messent, R. v [2011] EWCA Crim 644 (01 March 2011)

Vasili, R. v [2011] EWCA Crim 615 (23 February 2011)

Court of Appeal (Civil Division)

Co-Operative Group (CWS) Ltd v Pritchard [2011] EWCA Civ 329 (25 March 2011)

High Court (Chancery Division)

Lehman Brothers Special Financing Inc v Carlton Communications Ltd [2011] EWHC 718 (Ch) (28 March 2011)

High Court (Family Division)

Al- Saedy v Musawi [2010] EWHC 3293 (Fam) (29 October 2010)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 587 (Comm) (28 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Harrison, R (on the application of) v Birmingham Magistrate’s Court & Anor [2011] EWCA Civ 332 (25 March 2011)

Secretary of State for the Home Department v MK (Tunisia) [2011] EWCA Civ 333 (25 March 2011)

Brook v Reed [2011] EWCA Civ 331 (25 March 2011)

High Court (Queen’s Bench Division)

Bowker & Anor (t/a Lagopus Services) v The Royal Society for the Protection of Birds [2011] EWHC 737 (QB) (25 March 2011)

Inventors Friend Ltd v Leathes Prior (a firm) [2011] EWHC 711 (QB) (25 March 2011)

High Court (Chancery Division)

Amin & Anor v Amin & Ors [2011] EWHC 641 (Ch) (25 March 2011)

Uniq Plc, Re [2011] EWHC 749 (Ch) (25 March 2011)

High Court (Administrative Court)

Festiva Ltd, R (on the application of) v Highbury Corner Magistrates Court & Anor [2011] EWHC 723 (Admin) (25 March 2011)

Levy v Solicitors Regulation Authority [2011] EWHC 740 (Admin) (25 March 2011)

Save Historic Newmarket Ltd & Ors v Forest Heath District Council & Ors [2011] EWHC 606 (Admin) (25 March 2011)

High Court (Commercial Court)

Fortis Bank SA NV v Stemcor UK Ltd [2011] EWHC 538 (Comm) (17 March 2011)

Britannia Bulk Plc v Pioneer Navigation Ltd & Anor [2011] EWHC 692 (Comm) (25 March 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 25th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Litwinski & Ors v CPS [2011] EWCA Crim 727 (24 March 2011)

F, R v [2011] EWCA Crim 726 (24 March 2011)

High Court (Administrative Court)

Janovic v Prosecutor General’s Office Lithuania [2011] EWHC 710 (Admin) (25 March 2011)

Totel Ltd, R (on the application of) v The First Tier Tribunal (Tax Chamber) & Ors [2011] EWHC 652 (Admin) (24 March 2011)

High Court (Chancery Division)

Ludlam v Courtman & Anor [2011] EWHC 742 (Ch) (25 March 2011)

High Court (Commercial Court)

Fiona Trust & Holding Corporation & 75 Ors v Yuri Privalov & 28 Ors [2011] EWHC 664 (Comm) (24 March 2011)

Fiona Trust & Holding Corporation & 75 Ors v Yuri Privalov & 28 Ors [2011] EWHC 715 (Comm) (24 March 2011)

Intercontinental Bank v Akingbola & Ors [2011] EWHC 605 (Comm) (24 March 2011)

B v S [2011] EWHC 691 (Comm) (23 March 2011)

Source: www.bailii.org

Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket – WLR Daily

Posted March 25th, 2011 in EC law, guarantees, law reports, VAT by sally

Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket (Case C-540/09); [2011] WLR (D) 103

“The exemption from VAT laid down in article 13B(d)(5) of Sixth Council Directive 77/388/EEC applied to services supplied by a credit institution, for consideration, in the form of an underwriting guarantee to a company wishing to issue shares, where under that guarantee the credit institution undertook to acquire any shares which were not subscribed within the period for share subscription.”

WLR Daily, 10th 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.

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones – WLR Daily

Posted March 25th, 2011 in competition, EC law, fees, law reports, telecommunications by sally

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones (Case C-85/10); [2011] WLR (D) 102

“National legislation that provided for a fee to be levied on operators of telecommunications services holding individual licences for the use of radio frequencies, but which did not allocate a specific use to the income derived from that fee, and which significantly increased the fee for a particular technology, was not precluded by article 11(2) of Directive 97/13/EC.”

WLR Daily, 10th 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.