Category: law reports

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th 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.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th 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.

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily

Posted March 17th, 2011 in EC law, food, law reports, sale of goods, VAT by sally

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C‑497/09, C‑499/09, C‑501/09 and C‑502/09); [2011] WLR (D) 87

“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”

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.

BAILII: Recent Decisions

Posted March 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011)

High Court (Chancery Division)

MVF3 APS & Ors v Bestnet Europe Ltd & Ors [2011] EWHC 477 (Ch) (07 March 2011)

High Court (Administrative Court)

French, R (on the application of) v The Chief Constable of West Yorkshire Police [2011] EWHC 546 (Admin) (15 March 2011)

High Court (Family Division)

A (a child), Re [2011] EWHC 517 (Fam) (10 March 2011)

Source: www.bailii.org

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

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

BAILII: Recent Decisions

Posted March 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AC, R (on the application of) v Berkshire West Primary Care Trust & Anor [2011] EWCA Civ 247 (11 March 2011)

Vaile v London Borough of Havering [2011] EWCA Civ 246 (11 March 2011)

High Court (Administrative Court)

Angus v United Kingdom Border Agency [2011] EWHC 461 (Admin) (11 March 2011)

Hazelhurst & Ors v Solicitors Regulation Authority [2011] EWHC 462 (Admin) (11 March 2011)

Derwent Holdings Ltd v Trafford Borough Council [2011] EWHC 491 (Admin) (10 March 2011)

High Court (Chancery Division)

Carey Group Plc & Ors v AIB Group (UK) Plc & Anor [2011] EWHC 567 (Ch) (11 March 2011)

Source: www.bailii.org.uk

 

Casteels v British Airways plc – WLR Daily

Posted March 14th, 2011 in EC law, freedom of movement, law reports, pensions, social security by sally
“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

Posted March 14th, 2011 in appeals, competition, law reports, tribunals by sally
“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

Posted March 14th, 2011 in financial advice, law reports, taxation, trusts by sally
“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

Posted March 14th, 2011 in EC law, environmental protection, jurisdiction, law reports, treaties by sally
“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
WLR Daily, 10th March 2011
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 11th, 2011 in law reports by sally

Supreme Court

Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10 (9 March 2011)

High Court (Commercial Court)

Essentially Different Ltd v Bank of Scotland Plc [2011] EWHC 475 (Comm) (10 March 2011)

Source: www.bailii.org

Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily

Posted March 11th, 2011 in benefits, citizenship, EC law, law reports by sally

 “A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”

WLR Daily, 10th 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.

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

Posted March 11th, 2011 in debts, disclosure, law reports, surety by sally

“A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know.”

WLR Daily, 10th 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.

Bank of Scotland v Pereira and others – WLR Daily

Posted March 11th, 2011 in appeals, civil procedure rules, default judgments, law reports, setting aside, time limits by sally
“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

Posted March 11th, 2011 in appeals, deportation, detention, law reports by sally
“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

Posted March 11th, 2011 in asbestos, causation, law reports, negligence, personal injuries by sally
“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
 
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 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Everclear Ltd (BVI) v Agrest & Anor [2011] EWCA Civ 232 (09 March 2011)

Secretary of State for the Home Department v Abdi [2011] EWCA Civ 242 (09 March 2011)

Pitt & Anor v Holt & Anor [2011] EWCA Civ 197 (09 March 2011)

North Shore Ventures Ltd v Anstead Holdings, Inc & Ors [2011] EWCA Civ 230 (09 March 2011)

Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Nunn v Royal Mail Group Ltd [2011] EWCA Civ 244 (10 March 2011)

British Telecommunications Plc v Office of Communications & Anor [2011] EWCA Civ 245 (10 March 2011)

High Court (Queen’s Bench Division)

MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

Jeffers v The Labour Party [2011] EWHC 529 (QB) (10 March 2011)

High Court (Chancery Division)

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2011] EWHC 503 (Ch) (09 March 2011)

White & Ors v Williams & Ors [2011] EWHC 494 (Ch) (10 March 2011)

High Court (Administrative Court)

Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

Rangwani, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 516 (Admin) (9 March 2011)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor [2011] EWHC 519 (Admin) (09 March 2011)

High Court (Commercial Court)

Argo Systems FZE v Liberty Insurance (PTE) & Anor [2011] EWHC 301 (Comm) (21 February 2011)

Telenor East Holding II AS v Altimo Holdings & Investments Ltd & Ors [2011] EWHC B5 (Comm) (01 March 2011)

Camarata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm) (09 March 2011)

Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd [2011] EWHC 484 (Comm) (09 March 2011)

High Court (Technology and Construction Court)

Irvin v Robertson [2010] EWHC 3723 (TCC) (21 December 2010)

Michael Phillips Architects Ltd v Riklin & Anor [2011] EWHC 27 (TCC) (12 January 2011)

Source: www.bailii.org

Ministry of Defence v Wallis and another – WLR Daily

Posted March 10th, 2011 in appeals, employment tribunals, jurisdiction, law reports, sex discrimination, unfair dismissal by sally

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th 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.

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD – WLR Daily

Posted March 10th, 2011 in EC law, law reports, VAT by sally

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75

“The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for motor vehicles, which the taxable dealer himself imported into the European Union under the normal value added tax scheme. Articles 320(1) and (2) of the Directive precluded a national provision which provided for the deferral, until the subsequent supply under the normal value added tax scheme, of the right of the taxable dealer to deduct value added tax paid on importation of goods other than works of art, collectors’ items or antiques. Article 314, the first subparagraph of article 320(1) and article 320(2) of the Directive were directly effective.”

WLR Daily, 9th March 2011

Source: www.lawreports.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.

Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Posted March 10th, 2011 in consultations, EC law, employment, law reports, legal personality, liquidators, redundancy by sally

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011

Source: www.lawreports.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.