law reports – Page 215 – Current Awareness

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Posted January 28th, 2011 in appeals, human rights, law reports, licensed premises, licensing, magistrates by sally

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 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.

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Posted January 28th, 2011 in disclosure, fees, freedom of information, law reports by sally

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th January 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.

Yemshaw v Hounslow London Borough Council – WLR Daily

Posted January 28th, 2011 in domestic violence, homelessness, law reports, matrimonial home by sally

Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18

” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.”

WLR Daily, 26th January 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.

Ex parte MGN Ltd and others – WLR Daily

Posted January 28th, 2011 in contempt of court, law reports, reporting restrictions, witnesses by sally

Ex parte MGN Ltd and others [2011] WLR (D) 17

“It was rarely appropriate to impose blanket reporting restrictions under section 4(2) of the Contempt of Court Act 1981 for the purpose of ameliorating the disadvantages of giving evidence and minimising the burdens faced by witnesses in criminal trials. The protection of witnesses was more appropriately provided for by the provisions of section 39 of the Children and Young Persons Act 1933 and sections 22–30 of the Youth Justice and Criminal Evidence Act 1999.”

WLR Daily, 26th January 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.

Ashford Borough Council v Barratt and another – WLR Daily

Posted January 28th, 2011 in change of name, law reports, listed buildings, planning by sally

Ashford Borough Council v Barratt and another [2011] EWCA Civ 27; [2011] WLR (D) 16

“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”

WLR Daily, 26th January 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.

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted January 28th, 2011 in citizens advice bureaux, disability discrimination, EC law, law reports, volunteers by sally

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) [2011] EWCA Civ 28; [2011] WLR (D) 15

“A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/EEC (‘the Framework Directive’) to sustain an action for discrimination. Although voluntary posts like that held by the claimant might assist the holder to gain a permanent paid post, that was not the purpose of having volunteer workers, most of whom had no wish to join the permanent staff. The volunteer post was not to be treated as a form of vocational training subject to article 3(1)(c) of the Framework Directive.”

WLR Daily, 26th January 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 January 27th, 2011 in law reports by sally

Supreme Court

Yemshaw v London Borough of Hounslow [2011] UKSC 3 (26 January 2011)

Court of Appeal (Criminal Division)

Shutt, R. v [2010] EWCA Crim 3033 (10 December 2010)

Court of Appeal (Civil Division)

Boh Ltd & Anor v Eastern Power Networks Plc [2011] EWCA Civ 19 (26 January 2011)

JD & Ors v City & County of Swansea & Anor [2011] EWCA Civ 34 (26 January 2011)

X v Mid Sussex Citizens Advice Bureau & Ors [2011] EWCA Civ 28 (26 January 2011)

Masefield AG v Amlin Corporate Member Ltd & Anor [2011] EWCA Civ 24 (26 January 2011)

Hope and Glory Public House Ltd, R (on the application of) v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31 (26 January 2011)

Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council [2011] EWCA Civ 20 (26 January 2011)

High Court (Queen’s Bench Division)

Ahmad v London Borough of Brent & Ors [2011] EWHC 80 (QB) (26 January 2011)

Shergill v Purewal & Anor [2010] EWHC 3610 (QB) (15 December 2010)

High Court (Technology and Construction Court)

CN Associates (A Firm) v Holbeton Ltd [2011] EWHC 43 (TCC) (26 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 26th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Wilson, R v [2011] EWCA Crim 16 (25 January 2011)

Earle v R. [2011] EWCA Crim 17 (25 January 2011)

Court of Appeal (Civil Division)

TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)

Sibthorpe & Anor v London Borough of Southwark [2011] EWCA Civ 25 (25 January 2011)

Barratt & Anor v Ashford Borough Council [2011] EWCA Civ 27 (25 January 2011)

High Court (Chancery Division)

McCullough v Armstrong [2011] EWHC 67 (Ch) (21 January 2011)

Clark & Anor, R. v [2011] EWCA Crim 15 (25 January 2011)

Source: www.bailii.org

Tesler v Government of the United States of America – WLR Daily

Posted January 26th, 2011 in extradition, joint enterprise, law reports by sally

Tesler v Government of the United States of America [2011] EWHC 52 (Admin); [2011] WLR (D) 14

“The requirement in s 137(2)(a) of the Extradition Act 2003 for conduct to have occurred in a category 2 territory in order to constitute an extradition offence in relation to that territory was capable of being satisfied by acts performed entirely outside the territory where the perpetrator was participating in a joint enterprise with another person in the territory an object of which was to benefit that other person.”

WLR Daily, 25th January 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 January 25th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Justice v Slee [2011] EWCA Civ 23 (24 January 2011)

High Court (Commercial Court)

Golden Ocean Group Ltd. v Salgaocar Mining Industries PVT Ltd & Anor [2011] EWHC 56 (Comm) (21 January 2011)

BMT Marine and Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011] EWHC 32 (Comm) (24 January 2011)

Source: www.bailii.org

CLECE SA v Martín Valor and another – WLR Daily

Posted January 25th, 2011 in contracts, employment, law reports, transfer of undertakings by sally

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 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 January 24th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Carter-Ruck (A Firm) v Mireskandari [2011] EWHC 24 (QB) (21 January 2011)

High Court (Chancery Division)

32Red Plc (A Gibraltar Company) v WHG (International) Ltd & Ors [2011] EWHC 62 (Ch) (21 January 2011)

Howard v Howard-Lawson [2011] EWHC 63 (Ch) (21 January 2011)

High Court (Family Division)

CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)

High Court (Administrative Court)

Hughes (Setting of Minimum Term) [2011] EWHC 65 (Admin) (21 January 2011)

Brennan v Health Professions Council [2011] EWHC 41 (Admin) (21 January 2011)

Source: www.bailii.org

Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily

Posted January 24th, 2011 in affidavits, civil procedure rules, disclosure, evidence, law reports by sally

Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 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 Twomey and others (No 2) – WLR Daily

Posted January 24th, 2011 in intimidation, juries, law reports, public interest immunity, trial without jury by sally

Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10

“The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted.”

WLR Daily, 21st January 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.

TW v A City Council – WLR Daily

Posted January 24th, 2011 in citations, law reports, practice directions by sally

TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9

“The profession needed to be reminded that the relevant authorities should be copied from the official Law Reports (published by the Incorporated Council of Law Reporting for England and Wales), and only if not should reports from the All England Law Reports (‘All ER’) or a specialist law report series be included. In addition if a case was reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. British and Irish Legal Information Institute (‘BAILII’) judgments (with neutral citation numbers) should only be used if no other recognised reports were available.”

WLR Daily, 21st January 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.

Swain-Mason and others v Mills & Reeve (a firm) – WLR Daily

Posted January 24th, 2011 in amendments, civil procedure rules, law reports, pleadings by sally

Swain-Mason and others v Mills & Reeve (a firm) [2011] EWCA Civ 14; [2011] WLR (D)

“In determining whether to grant a late application to amend a pleading a balance was always to be struck. The court was concerned with doing justice, but justice to all litigants, and thus where a last-minute amendment was sought the onus would be heavy on the amending party to show the strength of the new case and why justice to him, his opponent and other litigants required him to be able to pursue it.”

WLR Daily, 21st January 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.

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 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.