law reports – Page 213 – Current Awareness

“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”

WLR Daily, 15th 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.

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Romani v R. [2011] EWCA Crim 183 (14 February 2011)

Court of Appeal (Civil Division)

Hertfordshire County Council, R (on the application of) v JM [2011] EWCA Civ 77 (15 February 2011)

Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123 (15 February 2011)

High Court (Queen’s Bench Division)

Murdock v Scarisbrick Group Ltd. [2011] EWHC 220 (QB) (11 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

High Court (Administrative Court)

Lai, R (on the application of) v Secretary of State for Defence [2011] EWHC 145 (Admin) (15 February 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

High Court (Queen’s Bench Division)

Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 (QB) (14 February 2011)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) (14 February 2011)

Poi v “Lina” [2011] EWHC 234 (QB) (14 February 2011)

High Court (Administrative Court)

Mamaniat, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 157 (Admin) (24 January 2011)

High Court (Commercial Court)

Ground Gilbey Ltd & Anor v Jardine Lloyd Thompson UK Ltd [2011] EWHC 124 (Comm) (02 February 2011)

Sharon’s Bakery (Europe) Ltd v Axa Insurance UK Plc & Anor [2011] EWHC 210 (Comm) (09 February 2011)

High Court (Patents Court)

Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244 (Pat) (14 February 2011)

Source: www.bailii.org.uk

Law Society v McPhail – WLR Daily

Posted February 15th, 2011 in committals, contempt of court, law reports, Law Society by sally

Law Society v McPhail [2011] WLR (D) 45

“In the interests of fairness, a person charged with contempt of court whose liberty was therefore at stake should be able to appear at a hearing to answer points raised by his accusers.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Posted February 15th, 2011 in EC law, employment, insolvency, law reports, shareholders, time limits by sally

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th 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.

BAILII: Recent Decisions

Posted February 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 64 (03 February 2011)

High Court (Chancery Division)

MW Trustees Ltd & Ors v Telular Corporation [2011] EWHC 104 (Ch) (31 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 11th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Chichvarkin & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 91 (10 February 2011)

Walsh v Singh [2011] EWCA Civ 80 (10 February 2011)

High Court (Administrative Court)

Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011)

YZ & Ors, R. (On the Applications Of) v Secretary of State for the Home Department [2011] EWHC 205 (Admin) (10 February 2011)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 202 (Comm) (10 February 2011)

Source: www.bailii.org.uk

In re St Andrew’s Churchyard, Alwalton – WLR Daily

Posted February 11th, 2011 in burials and cremation, faculties, human rights, law reports by sally

In re St Andrew’s Churchyard, Alwalton [2011] WLR (D) 43

“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”

WLR Daily, 10th 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.

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Posted February 11th, 2011 in insurance, law reports, local government, tenders by sally

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th 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.

BAILII: Recent Decisions

Posted February 10th, 2011 in law reports by sally

Supreme Court

Brent London Borough Council and others v Risk Management Partners Ltd [2011] UKSC 7 (9 February 2011)

Manchester City Council v Pinnock [2011] UKSC 6 (9 February 2011)

Court of Appeal (Civil Division)

SS (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 76 (09 February 2011)

Immingham Storage Company Ltd v Clear Plc [2011] EWCA Civ 89 (09 February 2011)

Speed (A Minor) & Anor v London Borough of Waltham Forest & Ors [2011] EWCA Civ 88 (09 February 2011)

Brady v Norman [2011] EWCA Civ 107 (09 February 2011)

Acre 1127 Ltd (In Liquidation) v De Montfort Fine Art Ltd [2011] EWCA Civ 87 (09 February 2011)

Challinor v Staffordshire County Council [2011] EWCA Civ 90 (09 February 2011)

Rubin v Coote [2011] EWCA Civ 106 (09 February 2011)

Jones v Neath Port Talbot County Borough Council [2011] EWCA Civ 92 (08 February 2011)

High Court (Queen’s Bench Division)

Legal Services Commission v Henthorn [2010] EWHC 3329 (QB) (04 February 2011)

Beach Developments Ltd v Foskett [2011] EWHC 198 (QB) (09 February 2011)

High Court (Commercial Court)

X v Y [2011] EWHC 152 (Comm) (09 February 2011)

High Court (Technology and Construction Court)

Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Source: www.bailii.org

Brady v Norman – WLR Daily

Posted February 10th, 2011 in defamation, law reports, personal injuries, time limits by sally

Brady v Norman [2011] EWCA Civ 107; [2011] WLR (D) 40

“The policy behind the limitation period for defamation cases being shorter than that in personal injuries claims was clear, since the defamatory impact of libel or slander was likely to be transient and Parliament evidently intended that a claimant should assert and pursue his need for vindication speedily. Considerations as to prejudice in applications for the disapplication of the time limit in defamation cases were likely to be different than those in personal injuries cases and in defamation cases it was for the claimant to make out a case for the disapplication of the normal time limit.”

WLR Daily, 9th 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.

Regina v Windsor and others – WLR Daily

Posted February 10th, 2011 in jurisdiction, law reports, proceeds of crime, receivers, restraining orders by sally

Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41

“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”

WLR Daily, 9th 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.

BAILII: Recent Decisions

Posted February 9th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Windsor & Ors v Crown Prosecution Service [2011] EWCA Crim 143 (08 February 2011)

Creed, R. v [2011] EWCA Crim 144 (08 February 2011)

Court of Appeal (Civil Division)

Richardson v Richardson [2011] EWCA Civ 79 (08 February 2011)

High Court (Patents Court)

Mölnlycke Health Care AB v Brightwake Ltd (t/a Advancis Medical) [2011] EWHC 140 (Pat) (26 January 2011)

Source: www.bailii.org

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

Posted February 9th, 2011 in judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th 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.

Hydropool Hot Tubs Ltd v Roberjot and another – WLR Daily

Posted February 9th, 2011 in affidavits, civil procedure rules, contempt of court, law reports by sally

Hydropool Hot Tubs Ltd v Roberjot and another [2011] EWHC 121 (Ch); [2011] WLR (D) 38

“CPR r 32.14 had no application to an allegation of contempt by knowingly swearing a false affidavit.”

WLR Daily, 7th 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.

BAILII: Recent Decisions

Posted February 8th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Minkin v Cawdery Kaye Fireman & Taylor [2011] EWHC 177 (QB) (07 February 2011)

Royal Bank of Scotland Invoice Discounting Ltd & Anor v Manuel [2011] EWHC 174 (QB) (04 February 2011)

McKeown v Attheraces Ltd [2011] EWHC 179 (QB) (07 February 2011)

High Court (Chancery Division)

Clarke v Meadus [2011] EWHC 180 (Ch) (07 February 2011)

High Court (Administrative Court)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2011] EWHC 97 (Admin) (07 February 2011)

Morris, R (on the application of) v Criminal Cases Review Commission [2011] EWHC 117 (Admin) (07 February 2011)

High Court (Family Division)

M v M [2011] EWHC 3574 (Fam) (19 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 7th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Shaw & Ors v R. [2011] EWCA Crim 98 (04 February 2011)

High Court (Queen’s Bench Division)

Thornton v Telegraph Media Group Ltd [2011] EWHC 159 (QB) (04 February 2011)

Everton Football Club Company Ltd v Sail Group Ltd & Anor [2011] EWHC 126 (QB) (04 February 2011)

High Court (Chancery Division)

Dias v London Borough of Havering [2011] EWHC 172 (Ch) (04 February 2011)

Office of Fair Trading v Purely Creative Ltd & Ors [2011] EWHC 106 (Ch) (02 February 2011)

Curtis & Ors v Pulbrook & Ors [2011] EWHC 167 (Ch) (04 February 2011)

Strategic Value Master Fund Ltd v Ideal Standard Interntional Acquisition SARL & Ors [2011] EWHC 171 (Ch) (04 February 2011)

High Court (Administrative Court)

AE (Libya), R (on the application of) v Secretary of State for the Home Department (Rev 1) [2011] EWHC 154 (Admin) (2 February 2011)

Trillium (Prime) Property Gp Ltd v London Borough of Tower Hamlets (Rev 1) [2011] EWHC 146 (Admin) (04 February 2011)

Source: www.bailii.org

Glaves v Crown Prosecution Service – WLR Daily

Posted February 7th, 2011 in certificates of inadequacy, confiscation, law reports by sally

Glaves v Crown Prosecution Service [2011] EWCA Civ 69; [2011] WLR (D) 37

“On an application by a defendant for a certificate of inadequacy in relation to a confiscation order under section 83 of the Criminal Justice Act 1988 an investigation of the facts was required so that it was not appropriate to determine as a preliminary issue whether the application was bound to fail.”

WLR Daily, 4th 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.

Solicitors Regulation Authority v Davis and another – WLR Daily

Posted February 7th, 2011 in costs, disciplinary procedures, law reports, solicitors, tribunals by sally

Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36

“Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order for costs should be limited by reason of his lack of means.”

WLR Daily, 4th 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.