BAILII: Recent Decisions

Posted December 14th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Pink Floyd Music Ltd & Anor v EMI Records Ltd [2010] EWCA Civ 1429 (14 December 2010)

Gill v Woodall & Ors [2010] EWCA Civ 1430 (14 December 2010)

High Court (Queen’s Bench Division)

Jessop v Nixon [2010] EWHC 3211 (QB) (14 December 2010)

Source: www.bailii.org.

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies – WLR Daily

Posted December 14th, 2010 in administrators, contribution, debts, insolvency, law reports by sally

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies [2010] EWHC 3010 (Ch); [2010] WLR (D) 324

“Liabilities arising from the financial support direction (‘FSD’) regime created by the Pensions Act 2004 upon companies in administration or liquidation were payable as a liquidation or administration expense.”

WLR Daily, 13th 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

Paponette and others v Attorney General of Trinidad and Tobago – WLR Daily

Posted December 14th, 2010 in burden of proof, law reports, public interest, Trinidad & Tobago by sally

Paponette and others v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2010] WLR (D) 323

“A court could not infer from the bare fact that a public body had acted in breach of a legitimate expectation that it must have done so to further some overriding public interest.”

WLR Daily, 13th 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 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Carroll v Kynaston [2010] EWCA Civ 1404 (13 December 2010)

High Court (Queen’s Bench Division)

Smith v ADVFN Plc & Ors [2010] EWHC 3255 (QB) (13 December 2010)

High Court (Administrative Court)

Public Interest Lawyers v Legal Services Commission [2010] EWHC 3277 (Admin) (13 December 2010)

High Court (Patents Court)

Pfizer Health AB & Anor v Schwarz Pharma AG & Ors [2010] EWHC 3236 (Pat) (08 December 2010)

High Court (Commercial Court)

AAG Investments Ltd v BAA Airports Ltd [2010] EWHC 2844 (Comm) (09 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 13th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Larkin, R. v [2010] EWCA Crim 2850 (19 November 2010)

Belton, R. v [2010] EWCA Crim 2857 (09 November 2010)

Court of Appeal (Civil Division)

Fry v Densham- Smith [2010] EWCA Civ 1410 (10 December 2010)

High Court (Queen’s Bench Division)

OTS Logistics Belgium NV & Anor v Clarke & Anor [2010] EWHC 3202 (QB) (06 December 2010)

High Court (Family Division)

C and D (Children), Re [2010] EWHC B27 (Fam) (09 November 2010)

High Court (Technology and Construction Court)

Dawes v Treasure and Son Ltd [2010] EWHC 3218 (TCC) (10 December 2010)

Lifestyle Management Ltd. v Frater [2010] EWHC 3258 (TCC) (10 December 2010)

High Court (Commercial Court)

Exportadora Valle De Colina SA (t/a Exportadora Santa Elena) & Ors v A.P. Moller – Maersk AS (t/a Maersk Line) [2010] EWHC 3224 (Comm) (09 December 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 10th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v DD (Afghanistan) [2010] EWCA Civ 1407 (10 December 2010)

Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

Shah v Shah [2010] EWCA Civ 1408 (09 December 2010)

Compania Sud Americana De Vapores SA v Sinochem Tianjin Ltd (Aconcagua) [2010] EWCA Civ 1403 (09 December 2010)

Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors [2010] EWCA Civ 1380 (09 December 2010)

MGN Ltd & Ors v Grisbrook [2010] EWCA Civ 1399 (09 December 2010)

Ministry of Defence v AB & Ors [2010] EWCA Civ 1405 (09 December 2010)

Court of Appeal (Criminal Division)

Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

Jumah, R v [2010] EWCA Crim 2900 (09 December 2010)

High Court (Administrative Court)

Adetola, R (on the application of) v First-Tier Tribunal (Immigration and Asylum Chamber) & Anor [2010] EWHC 3197 (Admin) (09 December 2010)

High Court (Chancery Division)

Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] EWHC 3010 (Ch) (10 December 2010)

High Court (Commercial Court)

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

High Court Family Division)

L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

High Court (Queen’s Bench Division)

Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

High Court (Technology and Construction Court)

Gunn & Anor v Taygroup Ltd [2010] EWHC 3201 (TCC) (09 December 2010)

Source: www.bailii.org

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th 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.

Barclays Bank plc v Guy – WLR Daily

Posted December 10th, 2010 in appeals, civil procedure rules, jurisdiction, law reports by sally

Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321

“Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial.”

WLR Daily, 9th 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 (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th 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.

Revenue and Customs Comrs v Maxwell and another – WLR Daily

Posted December 9th, 2010 in administrators, company law, debts, insolvency, law reports by sally

Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219

“The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr 2.39(1) and (3) and 2.38(5) were to be exercised taking into account events which had occurred since the administration.”

WLR Daily, 8th 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.

Progress Property Co Ltd v Moorgarth Group Ltd – WLR Daily

Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218

“The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. The court’s conclusion depended on a realistic assessment of all the relevant facts and not simply on a retrospective valuation exercise in isolation from all other inquiries. The essential issue was how the transaction was to be characterised, and that was a matter of substance and not form.”

WLR Daily, 8th 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 (Woolas) v Parliamentary Election Court and others – WLR Daily

Posted December 9th, 2010 in elections, judicial review, law reports, parliament by sally

Regina (Woolas) v Parliamentary Election Court and others [2010] EWHC 3169 (Admin); [2010] WLR (D) 217

“The relationship of a parliamentary election court to the High Court was such that it was to be regarded as an inferior tribunal so that its actions could be the subject of judicial review; and the jurisdiction in judicial review of an election court was not confined to an excess of jurisdiction in the narrow sense but extended to correcting errors in its application of the law.”

WLR Daily, 8th 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 9th, 2010 in law reports by sally

Supreme Court

The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54 (08 December 2010)

Progress Property Company Ltd v Moorgarth Group Ltd [2010] UKSC 55 (08 December 2010)

Court of Appeal (Civil Division)

A v B & Anor [2010] EWCA Civ 1378 (08 December 2010)

Perrins v Holland & Ors [2010] EWCA Civ 1398 (08 December 2010)

Tilianu, R (on the application of) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397 (08 December 2010)

Standard Bank Plc & Anor v Agrinvest International Inc & Ors [2010] EWCA Civ 1400 (08 December 2010)

Guy v Barclays Bank Plc [2010] EWCA Civ 1396 (08 December 2010)

High Court (Queen’s Bench Division)

Shiva Ltd v Transport for London & Anor [2010] EWHC 3171 (QB) (08 December 2010)

High Court (Chancery Division)

Smith & Anor v QBE Insurance (Europe) Ltd & Ors [2010] EWHC 3172 (Ch) (08 December 2010)

High Court (Admiralty Division)

Miom 1 Ltd & Anor v Sea Echo ENE [2010] EWHC 3180 (Admlty) (08 December 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

O’ Shea v R. [2010] EWCA Crim 2879 (06 December 2010)

Court of Appeal (Civil Division)

Revenue & Customs v Maxwell & Anor (As Joint Administrators of Mercury Tax Group Ltd) [2010] EWCA Civ 1379 (07 December 2010)

Lancashire County Council v Environmental Waste Controls Ltd [2010] EWCA Civ 1381 (07 December 2010)

Valentine v Transport for London & Anor [2010] EWCA Civ 1358 (07 December 2010)

High Court (Family Division)

Jane (A Child), Re [2010] EWHC 3221 (Fam) (November 2010)

High Court (Commercial Court)

Royal Bank of Scotland Plc v Highland Financial Partners Lp & Ors [2010] EWHC 3119 (Comm) (07 December 2010)

Source: www.bailii.org

Regina v Webster – WLR Daily

Posted December 7th, 2010 in burden of proof, corruption, human rights, law reports by sally

Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216

“The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2) of he Convention for the Protection of Human Rights and Fundamental Freedoms. It should therefore be read down pursuant to s 3 of the Human Rights Act 1998 so as to impose a merely evidential burden on the defendant.”

WLR Daily, 6th 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 (Diep) v Chief Land Registrar – WLR Daily

Posted December 7th, 2010 in adverse possession, land registration, law reports by sally

Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215

“The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational.”

WLR Daily, 6th 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.

BAILII: Recent Decisions

Posted December 7th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Masood v Kerr & Ors [2010] EWCA Civ 1347 (01 December 2010)

High Court (Chancery Division)

Mason & Ors v Mills & Reeve (A Firm) [2010] EWHC 3198 (Ch) (06 December 2010)

ABC Ltd v Y [2010] EWHC 3176 (Ch) (06 December 2010)

Secretary of State for Business, Innovation & Skills v Doffman & Anor [2010] EWHC 3175 (Ch) (06 December 2010)

High Court (Administrative Court)

Stephenson, R (on the application of) v Secretary of State for Justice [2010] EWHC 3134 (Admin) (19 November 2010)

Turner, R (on the application of) v Secretary of State for Justice [2010] EWHC 3133 (Admin) (19 November 2010)

High Court (Commercial Court)

Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2010] EWHC 3113 (Comm) (03 December 2010)

High Court (Patents Court)

Daiichi Sankyo Company Ltd v Comptroller General of Patents [2010] EWHC 2898 (Pat) (05 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 6th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Murrell & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWCA Civ 1367 (03 December 2010)

High Court (Queen’s Bench Division)

XJA v News Group Newspapers Ltd [2010] EWHC 3174 (QB) (03 December 2010)

High Court (Chancery Division)

Monte Developments Ltd v Court Management Consultants Ltd & Ors [2010] EWHC 3071 (Ch) (29 November 2010)

High Court (Administrative Court)

Gazelle Properties Ltd v Sustainable Environmental Services & Anor [2010] EWHC 3127 (Admin) (03 December 2010)

Rapose v London Borough of Wandsworth [2010] EWHC 3126 (Admin) (03 December 2010)

Woolas, R (on the application of) v The Speaker of the House of Commons [2010] EWHC 3169 (Admin) (03 December 2010)

Boulegahalegh, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3159 (Admin) (03 December 2010)

High Court (Technology and Construction Court)

Pantelli Associates Ltd v Corporate City Developments Number Two Ltd [2010] EWHC 3189 (TCC) (02 December 2010)

High Court (Commercial Court)

Jet2.Com Ltd v Blackpool Airport Ltd [2010] EWHC 3166 (Comm) (03 December 2010)

Source: www.bailii.org

Regina v Buxton and others – WLR Daily

Posted December 6th, 2010 in demonstrations, harassment, law reports, railways, restraining orders by sally

Regina v Buxton and others [2010] WLR (D) 214

“There was no reason in principle why a restraining order should not be made to protect a company or a group of persons from harassment.”

WLR Daily, 3rd 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 3rd, 2010 in law reports by sally

High Court (Chancery Division)

Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010)

High Court (Administrative Court)

Razai & Ors v Secretary of State for the Home Department [2010] EWHC 3151 (Admin) (02 December 2010)

Source: www.bailii.org