Category: law reports

Regina (Morge) v Hampshire County Council – WLR Daily

Posted January 20th, 2011 in animals, EC law, environmental protection, law reports, planning by sally

Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5

“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”

WLR Daily, 19th 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.

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales – WLR Daily

Posted January 20th, 2011 in disciplinary procedures, estoppel, law reports, public interest by sally

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1 ; [2011] WLR (D) 3

“The principles of cause of action estoppel applied to successive complaints before a professional disciplinary body. Whether, and in what circumstances, a public interest exception should be recognised to the strict application of those principles in the disciplinary context was a matter for Parliament not the courts.”

WLR Daily, 19th 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.

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Posted January 20th, 2011 in construction industry, contracts, duty of care, economic loss, law reports, negligence by sally

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th 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.

BAILII: Recent Decisions

Posted January 19th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Bell & Ors v R [2011] EWCA Crim 6 (18 January 2011)

Court of Appeal (Civil Division)

Everett & Anor v Comojo (UK) Ltd (t/a the Metropolitan & Ors) [2011] EWCA Civ 13 (18 January 2011)

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9 (18 January 2011)

High Court (Queen’s Bench Division)

CDE & Anor v MGN Ltd & Anor [2010] EWHC 3308 (QB) (16 December 2010)

McCoy v East Midlands Strategic Health Authority [2011] EWHC 38 (QB) (18 January 2011)

High Court (Chancery Division)

Connock & Anor v Fantozzi, Re Alitalia Linee Aeree Italiane SPA [2011] EWHC 15 (Ch) (18 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AVS v A NHS Foundation Trust & Anor [2011] EWCA Civ 7 (17 January 2011)

High Court (Chancery Division)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWHC 29 (Ch) (14 January 2011)

Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)

High Court (Queen’s Bench Division)

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen [2011] EWHC 7 (QB) (10 January 2011)

High Court (Administrative Court)

CJ, R (on the application of) v Cardiff County Council [2011] EWHC 23 (Admin) (17 January 2011)

MA, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 9 (Admin) (10 January 2011)

High Court (Technology and Construction Court)

D Morgan Plc v Mace & Jones (A Firm) [No 3] [2011] EWHC 26 (TCC) (17 January 2011)

Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)

Source: www.bailii.org

M v Hackney London Borough Council and others – WLR Daily

Posted January 18th, 2011 in compensation, false imprisonment, law reports, mental health, secure hospitals by sally

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th 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 17th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Otway v R. [2011] EWCA Crim 3 (14 January 2011)

Coonan (Formerly Sutcliffe), R v [2011] EWCA Crim 5 (14 January 2011)

Hall v R. [2011] EWCA Crim 4 (14 January 2011)

Court of Appeal (Civil Division)

Close v Wilson [2011] EWCA Civ 5 (14 January 2011)

TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011)

Clift v Slough Borough Council [2010] EWCA Civ 1484 (21 December 2010)

High Court (Administrative Court)

Gonzales v Folkestone Magistrates Court [2010] EWHC 3428 (Admin) (14 December 2010)

Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)

Forest Care Home Ltd & Ors, R (on the application of) v The Welsh Ministers & Anor [2010] EWHC 3514 (Admin) (21 December 2010)

Millgate Developments Ltd, R (on the application of) v Wokingham Borough Council [2011] EWHC 6 (Admin) (14 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 14th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Bank Mellat v HM Treasury [2011] EWCA Civ 1 (13 January 2011)

Court of Appeal (Criminal Division)

Goring v Regina [2011] EWCA Crim 2 (13 January 2011)

Solomons v R. [2011] EWCA Crim 1 (13 January 2011)

High Court Administrative Court)

The Construction Industry Training Board v Beacon Roofing Ltd [2011] EWHC 14 (Admin) (14 January 2011)

High Court (Queen’s Bench Division)

Poi v Lina, The Person Known As [2011] EWHC 25 (QB) (13 January 2011)

Serious Organised Crime Agency v Geoffrey Michael Fenech [2011] EWHC 10 (QB) (13 January 2011)

Source: www.bailii.org

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Posted January 14th, 2011 in confidentiality, criminal records, duty of care, human rights, law reports, police by sally

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th 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 13th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Desmond v The Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3 (12 January 2011)

High Court (Queen’s Bench Division)

Guerrero & 30 Ors v Monterrico Metals Plc [2010] EWHC 3228 (QB) (15 December 2010)

Ganz v Childs & Ors [2011] EWHC 13 (QB) (11 January 2011)

Cambridge v Makin [2011] EWHC 12 (QB) (12 January 2011)

High Court (Administrative Court)

Ferguson, R (on the application of) v Secretary of State for Justice [2011] EWHC 5 (Admin) (11 January 2011)

ABS Financial Planning Ltd & Ors, R (on the application of) v Financial Services Authority & Anor [2011] EWHC 18 (Admin) (12 January 2011)

Source: www.bailii.org

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 13th, 2011 in disclosure, extradition, freedom of information, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2010] EWHC 3376 (Admin); [2011] WLR (D) 349

“Art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not alter the settled law that the principle of open justice in criminal proceedings did not extend to a right for the press or the public to inspect documents or other exhibits placed before a court during such proceedings, or require the Criminal Procedure Rules 2010 to be interpreted as conferring any right of inspection of written evidence.”

WLR Daily, 12th 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 12th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Major, R v [2010] EWCA Crim 3016 (1 December 2010)

High Court (Administrative Court)

Suppiah & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2 (Admin) (11 January 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 7th, 2011 in law reports by sally

High Court (Commercial Court)

Meritz Fire and Marine Insurance Co Ltd. v Jan De Nul NV & Anor [2010] EWHC 3362 (Comm) (21 December 2010)

High Court (Queen’s Bench Division)

Malcolm v Ministry of Justice [2010] EWHC 3389 (QB) (21 December 2010)

High Court (Technology and Construction Court)

D Morgan Plc v Mace & Jones (a firm) [2010] EWHC 3375 (TCC) (22 December 2010)

Redwing Construction Ltd v Wishart [2010] EWHC 3366 (TCC) (22 December 2010)

Walter Llewellyn & Sons Ltd & Anor v Excel Brickwork Ltd [2010] EWHC 3415 (TCC) (22 December 2010)

Source: www.bailii.org

 

BAILII: Recent Decisions

Posted January 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Royal Society for the Prevention of Cruelty To Animals v Sharp & Ors [2010] EWCA Civ 1474 (21 December 2010)

Quila & Ors v Secretary of State for the Home Department & Ors [2010] EWCA Civ 1482 (21 December 2010)

Francis, R (on the application of) v West Midlands Probation Board [2010] EWCA Civ 1470 (21 December 2010)

Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWCA Civ 1472 (21 December 2010)

The Scout Association v Barnes [2010] EWCA Civ 1476 (21 December 2010)

JD Cleverly Ltd & Anor v Family Finance Ltd [2010] EWCA Civ 1477 (21 December 2010)

Clift v Slough Borough Council [2010] EWCA Civ 1171 (21 December 2010)

McHale & Anor v RH Cadogan & Ors [2010] EWCA Civ 1471 (21 December 2010)

QJ (Algeria) v Secretary of State for the Home Department [2010] EWCA Civ 1478 (21 December 2010)

Baker Tilly (A Firm) v Makar [2010] EWCA Civ 1411 (21 December 2010)

Vasiliou v Hajigeorgiou [2010] EWCA Civ 1475 (21 December 2010)

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 1483 (21 December 2010)

Test Claimants In the Act Group Litigation (Class 4) & Anor v Revenue & Customs [2010] EWCA Civ 1480 (21 December 2010)

Humberstone, R (on the application of) v Legal Services Commission [2010] EWCA Civ 1479 (21 December 2010)

Court of Appeal (Criminal Division)

Akinrele, R. v [2010] EWCA Crim 2972 (21 December 2010)

Barron, R. v [2010] EWCA Crim 2950 (21 December 2010)

Olu & Ors. R. v [2010] EWCA Crim 2975 (21 December 2010)

Mount v R. [2010] EWCA Crim 2974 (21 December 2010)

C v R. [2010] EWCA Crim 2971 (17 December 2010)

High Court (Administrative Court)

Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor [2010] EWHC 3442 (Admin) (30 December 2010)

Bovis Homes Ltd v Secretary of State for Communities and Local Government & Anor [2010] EWHC 3378 (Admin) (21 December 2010)

Nasire, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3359 (Admin) (21 December 2010)

Singh v Secretary of State for Communities and Local Government & Anor (including Ruling) [2010] EWHC 3379 (Admin) (21 December 2010)

Mousa, R (on the application of) v Secretary of State for Defence & Anor [2010] EWHC 3304 (Admin) (21 December 2010)

Hereward & Foster Llp & Anor v The Legal Services Commission [2010] EWHC 3370 (Admin) (21 December 2010)

Guardian News and Media Ltd R (on the application of) v City Of Westminster Magistrates’ Court [2010] EWHC 3376 (Admin) (21 December 2010)

High Court (Chancery Division)

Capita Atl Pension Trustees Ltd v Zurkinskas [2010] EWHC 3365 (Ch) (21 December 2010)

Stanley & Anor (As the Joint Liquidators of New Grass of Manchester Ltd) v TMK Finance Ltd & Anor [2010] EWHC 3349 (Ch) (21 December 2010)

Lomas (Together the Joint Administrators of Lehman Brothers International (Europe)) v JFB Firth Rixson Inc & Ors [2010] EWHC 3372 (Ch) (21 December 2010)

Griffin & Anor v Smith & Ors [2010] EWHC 3414 (Ch) (21 December 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 6th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Favell, R. v [2010] EWCA Crim 2948 (26 November 2010)

Hill, R. v [2010] EWCA Crim 2999 (26 November 2010)

Pinnell & Anor, R. v [2010] EWCA Crim 2848 (07 December 2010)

Source: www.bailii.org

Huscroft v P & O Ferries Ltd – WLR Daily

Posted January 5th, 2011 in civil procedure rules, costs, law reports, payment into court by sally

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348

“CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct.”

WLR Daily, 4th 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.

Regina v C – WLR Daily

Posted January 5th, 2011 in bad character, criminal records, evidence, law reports by sally

Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347

“Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the ingredients of the case which he proposed to advance for the purpose of discharging the evidential burden of proving that he did not commit the earlier offences.”

WLR Daily, 23rd December 2010

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 4th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Abdulla & Ors v Birmingham City Council [2010] EWHC 3303 (QB) (17 December 2010)

High Court (Administrative Court)

Young v Oxford City Council [2010] EWHC 3337 (Admin) (17 December 2010)

Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor [2010] EWHC 3442 (Admin) (30 December 2010)

Smout v The Welsh Ministers & Ors [2010] EWHC 3307 (Admin) (15 December 2010)

Government of South Africa v Dewani [2010] EWHC 3398 (Admin) (10 December 2010)

Guntrip, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 3188 (Admin) (09 December 2010)

High Court (Technology and Construction Court)

Redwing Construction Ltd v Wishart [2010] EWHC 3366 (TCC) (22 December 2010)

Walter Llewellyn & Sons Ltd & Anor v Excel Brickwork Ltd [2010] EWHC 3415 (TCC) (22 December 2010)

Source: www.bailii.org

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) – WLR Daily

Posted January 4th, 2011 in inquests, law reports, legal representation by sally

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346

“The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive obligations under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 2010

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.

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily

Posted January 4th, 2011 in enfranchisement, landlord & tenant, law reports, leases by sally

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345

“Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist.”

WLR Daily, 22nd December 2010

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.