Category: law reports

BAILII: Recent Decisions

Posted March 9th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2011] EWCA Civ 229 (08 March 2011)

Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents [2011] EWCA Civ 228 (08 March 2011)

Ministry of Defence v Wallis & Anor [2011] EWCA Civ 231 (08 March 2011)

High Court (Queen’s Bench Division)

Dunhill v Burgin [2011] EWHC 464 (QB) (07 March 2011)

High Court (Chancery Division)

Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch) (07 March 2011)

Capita ATL Pension Trustees Ltd & Anor v Gellately & Ors [2011] EWHC 485 (Ch) (08 March 2011)

Bleasdale & Anor v Forster [2011] EWHC 416 (Ch) (02 March 2011)

High Court (Administrative Court)

Burke, R (on the application of) v Independent Police Complaints Commission & Ors [2011] EWHC 423 (Admin) (08 March 2011)

Hallett v Director of Public Prosecutions [2011] EWHC 488 (Admin) (08 March 2011)

High Court (Family Division)

T (A Child: Murdered Parent), Re [2011] EWHC B4 (Fam) (08 March 2011)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2011] EWHC 426 (Pat) (07 March 2011)

Source: www.bailii.org

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and other – WLR Daily

Posted March 9th, 2011 in company law, debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73

“A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other assets for current purposes it would amount to a fraud on future or contingent creditors.”

WLR Daily, 8th 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.

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Posted March 9th, 2011 in ballots, industrial action, injunctions, law reports, trade unions by sally

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th 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.

BAILII: Recent Decisions

Posted March 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

BNY Corporate Trustee Services Ltd v Eurosail – UK 2007 – 3bl Plc & Ors [2011] EWCA Civ 227 (07 March 2011)

Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 (03 March 2011)

High Court (Queen’s Bench Division)

ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

Source: www.bailii.org

Sousa v Waltham Forest London Borough Council – WLR Daily

Posted March 7th, 2011 in costs, fees, insurance, law reports by sally

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th 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.

BAILII: Recent Decisions

Posted March 4th, 2011 in law reports by sally

Court of Appeal  (Civil Division)

National Union of Rail, Maritime & Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226 (04 March 2011)

MN (Tanzania), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 193 (04 March 2011)

H v City & County of Swansea & Ors [2011] EWCA Civ 195 (02 March 2011)

RO, R (on the application of) v East Riding of Yorkshire Council & Anor [2011] EWCA Civ 196 (02 March 2011)

Royal Bank of Scotland Plc v Chandra & Anor (Rev 1) [2011] EWCA Civ 192 (02 March 2011)

Court of Appeal (Criminal Division)

Clipston, R [2011] EWCA Crim 446 (04 March 2011)

Clarke, R. v [2011] EWCA Crim 407 (03 March 2011)

High Court (Administrative Court)

Modaresi, R (On the Application Of) v Secretary of State for Health & Ors [2011] EWHC 417 (Admin) (03 March 2011)

Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin) (03 March 2011)

Rencher-Paine v Secretary of State for Communities and Local Government & Anor [2011] EWHC 382 (Admin) (02 March 2011)

High Court (Chancery Division)

Clipper Logistics Group Ltd v Monsoon Accessorize Ltd [2011] EWHC 410 (Ch) (03 March 2011)

Bowling & Co Solicitors v Edehomo [2011] EWHC 393 (Ch) (02 March 2011)

High Court (Commercial Court)

Masri & Anor v Consolidated Contractors International Co Sal & Ors [2011] EWHC 409 (Comm) (03 March 2011)

AXA Seguros, SA De CV v Allianz Insurance Plc (t/a Allianz Global Risks) & Ors [2011] EWHC 268 (Comm) (02 March 2011)

High Court Queen’s Bench Division)

A Child v Cambridge University Hospitals NHS Foundation Trust [2011] EWHC 454 (QB) (04 March 2011)

Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB) (03 March 2011)

Allen v The Grimsby Telegrph & Anor [2011] EWHC 406 (QB) (2 March 2011)

Lord Chancellor v Eddowes Perry and Osbourne Ltd [2011] EWHC 420 (QB) (02 March 2011)

High Court (Technology and Construction Court)

Lansdowne House (St George’s Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

Source: www.bailii.org

Regina v Grout – WLR Daily

Posted March 4th, 2011 in children, drafting, indictments, law reports, sexual offences by sally
“Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity.”
WLR Daily, 3rd March 2011
 
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Posted March 3rd, 2011 in appeals, education, law reports, local government, special educational needs by sally

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd 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 remoced.

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

Posted March 3rd, 2011 in appeals, immigration, jurisdiction, law reports by sally

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd 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.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Posted March 3rd, 2011 in EC law, insurance, law reports, pensions, sex discrimination by sally

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd 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.

BAILII: Recent Decisions

Posted March 2nd, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Zarezadeh, R. v [2011] EWCA Crim 271 (01 March 2011)

Hackett v R. [2011] EWCA Crim 380 (01 March 2011)

Grout, R. v [2011] EWCA Crim 299 (01 March 2011)

Court of Appeal (Civil Division)

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164 (01 March 2011)

Korashi v Abertawe Bro Morgannwg University Local Health Board [2011] EWCA Civ 187 (01 March 2011)

High Court (Queen’s Bench Division)

United Company Rusal Plc & Ors v 1) HSBC Bank Plc & Ors [2011] EWHC 404 (QB) (01 March 2011)

High Court (Chancery Division)

Mason & Ors v Mills & Reeve (a firm) [2011] EWHC 410 (Ch) (01 March 2011)

High Court (Technology and Construction Court)

Perriam Ltd. v Mr Nicholas Wayne Mr Martin Daly [2011] EWHC 403 (TCC) (Hearing 22 February 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 1st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Hoath & Anor, R. v [2011] EWCA Crim 274 (26 January 2011)

Court of Appeal (Civil Division)

P & Q v Surrey County Council [2011] EWCA Civ 190 (28 February 2011)

High Court (Queen’s Bench)

Deir v Athel & Ors [2011] EWHC 354 (QB) (25 February 2011)

High Court (Administrative Court)

Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011)

Source: www.bailii.org

Lynch v Ceva Logistic Ltd and another – WLR Daily

Posted March 1st, 2011 in accidents, appeals, duty of care, health & safety, law reports, personal injuries by sally

Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66

“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”

WLR Daily, 28th February 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.

Gray v News Group Newspapers Ltd and another; Coogan v Same – WLR Daily

Posted March 1st, 2011 in intellectual property, interception, law reports, privilege, self-incrimination, telecommunications by sally

Gray v News Group Newspapers Ltd and another; Coogan v Same [2011] EWHC 349 (Ch); [2011] WLR (D) 65

“The words ‘technical or commercial information’ in the definition of ‘intellectual property’ in section 72(5) of the Senior Courts Act 1981, section 72 (1) of which provided for the withdrawal of privilege against self or spousal incrimination in proceedings for, inter alia, infringement of rights pertaining to any intellectual property, meant technical or commercial information which could be protected by action.”

WLR Daily, 28th February 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.

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Posted February 28th, 2011 in housing, law reports, local government, proportionality, repossession, Supreme Court by sally

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 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.

British Airways plc v Mak and others – WLR Daily

Posted February 28th, 2011 in age discrimination, airlines, employment tribunals, law reports, race discrimination by sally

British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63

“The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain.”

WLR Daily, 25th February 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.

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

Posted February 28th, 2011 in appeals, landlord & tenant, law reports, statutory interpretation by sally

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 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.

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted February 28th, 2011 in appeals, asylum, immigration, law reports, tribunals by sally

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 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.

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 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.

Berezovsky v Abramovich – WLR Daily

Posted February 28th, 2011 in amendments, appeals, intimidation, law reports, limitations, pleadings by sally

Berezovsky v Abramovich [2011] EWCA Civ 153; [2011] WLR (D) 59

“A claimant who applied for permission to amend his particulars of claim by reframing the loss allegedly suffered as a result of the commission of a tort was not seeking to make a new claim involving the addition or substitution of a new cause of action within the meaning of section 35 of the Limitation Act 1980.”

WLR Daily, 25th February 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.