Category: law reports

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar – WLR Daily

Posted January 4th, 2011 in EC law, immigration, imprisonment, law reports by sally

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar [2010] EWCA Civ 1406; [2010] WLR (D) 344

“A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a right permanently to reside had to begin anew after his imprisonment had concluded.”

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.

Clift v Slough Borough Council – WLR Daily

Posted January 4th, 2011 in defamation, law reports, privacy, privilege by sally

Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343

“Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to the applicability of qualified privilege, to have regard to the art 8 Convention rights of the person so identified and also to look to the proportionality of the disclosure itself.”

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.

Regina v Twaite – WLR Daily

Posted January 4th, 2011 in courts martial, human rights, law reports, verdicts by sally

Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342

“Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety.”

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.

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily

Posted January 4th, 2011 in forced marriages, human rights, immigration, law reports, marriage by sally

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341

“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 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.

BAILII: Recent Decisions

Posted December 21st, 2010 in law reports by sally

High Court (Administrative Court)

Hussain & Ors, R (on the application of) v Secretary of State for the Health Department [2010] EWHC 3351 (Admin) (20 December 2010)

Infocus Public Networks Ltd v Secretary of State for Communities and Local Government & Ors [2010] EWHC 3309 (Admin) (17 December 2010)

High Court (Chancery Division)

Ashdale Land and Property Company Ltd v Maioriello & Ors [2010] EWHC 3296 (Ch) (20 December 2010)

Macaria Investments Ltd v Sanders & Anor [2010] EWHC 3353 (Ch) (17 December 2010)

High Court (Commercial Court)

Hillside (New Media) Ltd v Baasland & Ors [2010] EWHC 3336 (Comm) (20 December 2010)

Source: www.bailii.org

R (Chester) v Secretary of State for Justice and another – WLR Daily

Posted December 21st, 2010 in elections, human rights, law reports, prisons by sally

“Removing the blanket ban on prisoners’ voting in elections, which was required by decisions of the European Court of Human Rights to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms, involved a controversial area of social policy. It was for the Government to decide on the appropriate amending legislation to be enacted to comply with the law. The judiciary ought not to construe existing statutes so as to confer on the courts the function of deciding whether any given prisoner should lose his vote.”

Full story

WLR Daily, 20th 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 December 20th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Vannes KFT v Royal Borough of Kensington and Chelsea & Ors [2010] EWCA Civ 1466 (20 December 2010)

Chester v Secretary of State for Justice & Anor [2010] EWCA Civ 1439 (17 December 2010)

Autoweld Systems Ltd v Kito Enterprises LLC [2010] EWCA Civ 1469 (17 December 2010)

High Court (Chancery Division)

K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2010] EWHC 3344 (Ch) (17 December 2010)

Hurndell v Hurndell & Ors [2010] EWHC 3340 (Ch) (17 December 2010)

Ferneley v Napier & Ors [2010] EWHC 3345 (Ch) (17 December 2010)

High Court Queen’s Bench Division)

Brandeaux Advisers (UK) Ltd & Ors v Chadwick [2010] EWHC 3241 (QB) (17 December 2010)

High Court (Technology and Construction Court)

Schwebel v Wolf Schwebel [2010] EWHC 3280 (TCC) (16 December 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 17th, 2010 in law reports by sally

Court of Appeal (Civil Division)

RMM v HW & Ors [2010] EWCA Civ 1467 (17 December 2010)

Quinn v CC Automotive Group Ltd (t/a Carcraft) [2010] EWCA Civ 1412 (16 December 2010)

Warren v Calzaghe [2010] EWCA Civ 1447 (16 December 2010)

Southern Cross Healthcare Co Ltd v Perkins & Ors [2010] EWCA Civ 1442 (16 December 2010)

Benedetti v Sawiris & Ors [2010] EWCA Civ 1427 (16 December 2010)

Revenue and Customs v Blue Sphere Global Ltd [2010] EWCA Civ 1448 (16 December 2010)

Crema v Cenkos Securities Plc [2010] EWCA Civ 1444 (16 December 2010)

Devon and Somerset Fire and Rescue Service v Tilke [2010] EWCA Civ 1402 (16 December 2010)

Green v Sunset & Vine Productions Ltd & Anor [2010] EWCA Civ 1441 (16 December 2010)

High Court (Administrative Court)

Commission for Equality & Human Rights v Griffin & Ors [2010] EWHC 3343 (Admin) (17 December 2010)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government [2010] EWHC 3278 (Admin) (16 December 2010)

Wray, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3301 (Admin) (16 December 2010)

 High Court (Chancery Division)

Zurich Professional Ltd v Brown & Anor [2010] EWHC 3300 (Ch) (16 December 2010)

High Court (Commercial Court)

A v B [2010] EWHC 3302 (Comm) (16 December 2010)

High Court (Family Division)

A Chief Constable & Anor v YK & Ors [2010] EWHC 3282 (Fam) (14 December 2010)

High Court (Technology and Construction Court)

De Beers UK Ltd v Atos Origin It Services UK Ltd [2010] EWHC 3276 (TCC) (16 December 2010)

Source: www.bailii.org

Official Solicitor to the Senior Courts v Yemoh and others – WLR Daily

Posted December 17th, 2010 in Ghana, law reports, marriage, polygamy, succession by sally

Official Solicitor to the Senior Courts v Yemoh and others [2010] WLR (D) 334

“Polygamous marriages contracted in accordance with the customary law of Ghana were recognised for the purposes of succession to real estate in England and Wales.”

WLR Daily, 16th 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.

DCC Holdings (UK) Ltd v Revenue and Customs Comrs – WLR Daily

Posted December 17th, 2010 in corporation tax, law reports, loans, set-off, statutory interpretation by sally

DCC Holdings (UK) Ltd v Revenue and Customs Comrs [2010] UKSC 58; [2010] WLR (D) 333

“When interpreting a deeming provision in a taxing statute it was important not to take the hypothesis further than was warranted. It followed that the deeming provisions in corporation tax legislation on sale and resale ‘repo’ transactions — whereby the parties’ accounts were to be debited and credited on the basis that it was a deemed loan relationship between them — were to be construed so that they reflected the statutory purpose of taxing such transactions on a uniform basis and not so that one party could claim a debit which could be set off against other liabilities.”

WLR Daily, 16th 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.

Principal Reporter v K and others – WLR Daily

Posted December 17th, 2010 in children, contact orders, human rights, law reports, parental rights, Scotland by sally

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th 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.

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Posted December 17th, 2010 in death in custody, drug trafficking, ex turpi causa, human rights, law reports, news by sally

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th 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.

DD (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted December 17th, 2010 in asylum, law reports, news, proscribed organisations, refugees, terrorism by sally

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th 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.

Pink Floyd Music Ltd and another v EMI Records Ltd – WLR Daily

Posted December 16th, 2010 in anonymity, appeals, law reports, private hearings by sally

Pink Floyd Music Ltd and another v EMI Records Ltd [2010] EWCA Civ 1429; [2010] WLR (D) 329

“The Court of Appeal should not depart from the general rule that litigation was to be conducted in public unless a judge of that court was persuaded that there were cogent grounds for doing so.”

WLR Daily, 16th 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.

Gill v Woodall and others – WLR Daily

Posted December 16th, 2010 in law reports, married persons, mental health, undue influence, wills by sally

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th 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.

Regina (Edwards and another) v Environment Agency and others – WLR Daily

Posted December 16th, 2010 in costs, environmental protection, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th 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.

JSC BTA Bank v Kythreotis and others – WLR Daily

Posted December 16th, 2010 in contempt of court, freezing injunctions, law reports, third parties by sally

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th 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 December 16th, 2010 in law reports by sally

Supreme Court

Principal Reporter v K & Ors (Scotland) [2010] UKSC 56 (15 December 2010)

Revenue and Customs v DCC Holdings (UK) Ltd [2010] UKSC 58 (15 December 2010)

Edwards & Anor, R (on the application of) v Environment Agency & Ors [2010] UKSC 57 (15 December 2010)

Court of Appeal (Criminal Division)

Pluck v R [2010] EWCA Crim 2936 (15 December 2010)

Court of Appeal (Civil Division)

Friends of Basildon Golf Course, R (on the application of) v Basildon District Council [2010] EWCA Civ 1432 (14 December 2010)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2010] EWCA Civ 1434 (14 December 2010)

Betterment Properties (Weymouth) Ltd v James Carthy & Company Ltd [2010] EWCA Civ 1401 (15 December 2010)

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

Osborn & Anor v The Parole Board [2010] EWCA Civ 1409 (15 December 2010)

Pankhurst v Lee White Motor Insurers Bureau [2010] EWCA Civ 1445 (15 December 2010)

Dennard & Ors v Pricewaterhousecoopers LLP [2010] EWCA Civ 1437 (15 December 2010)

Baldwin & Anor v Berryland Books [2010] EWCA Civ 1440 (15 December 2010)

High Court (Queen’s Bench Division)

France v Freemans Solicitors & Anor [2010] EWHC 3291 (QB) (15 December 2010)

High Court (Administrative Court)

ASDA Stores Ltd & Anor, R (on the application of) v Council of the Borough of South Tyneside & Ors [2010] EWHC 3285 (Admin) (14 December 2010)

High Court (Patents Court)

Numatic International Ltd v Qualtex (UK) Ltd [2010] EWHC 1797 (Pat) (12 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 15th, 2010 in law reports by sally

Court of Appeal (Civil division)

Criminal Injuries Compensation Authority v Criminal Injuries Compensation Appeals Panel & Anor [2010] EWCA Civ 1433 (14 December 2010)

JSC BTA Bank v Kythreotis & Ors [2010] EWCA Civ 1436 (14 December 2010)

Court of Appeal (CriminalDivision)

Ahmed v R. [2010] EWCA Crim 2899 (14 December 2010)

High Court (Administrative Court)

London Borough of Croydon v Pinch A Pound (UK) Ltd [2010] EWHC 3283 (Admin) (14 December 2010)

High Court (Chancery Division)

Independent Trustee Services Ltd v GP Noble Trustees Ltd & Ors [2010] EWHC 3275 (Ch) (14 December 2010)

High Court (Commercial Court)

Servaas Incorporated v Rafidain Bank & Ors [2010] EWHC 3287 (Ch) (14 December 2010)

Fiona Trust & Holding Corporation Ors v Privalov Ors [2010] EWHC 3199 (Comm) (10 December 2010)

Source: www.bailii.org

Carroll v Kynaston – WLR Daily

Posted December 15th, 2010 in contracts, costs, damages, law reports by sally

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th 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