law reports – Page 220 – Current Awareness

Revenue and Customs Commissioners v Holland and another; In re Paycheck Services 3 Ltd and others – WLR Daily

Posted November 25th, 2010 in company directors, insolvency, law reports, misfeasance by sally

Revenue and Customs Commissioners v Holland and another In re Paycheck Services 3 Ltd and others [2010] UKSC 51; [2010] WLR (D) 298

“A director of a corporate director of a company was not a de facto director of that company, who was thereby liable for the misuse of its assets, if his acts were done entirely within the ambit of the discharge of his duties and responsibilities as a director of the corporate director.”

WLR Daily, 24th November 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.

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) – WLR Daily

Posted November 25th, 2010 in appeals, constitutional law, law reports, Privy Council by sally

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297

“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”

WLR Daily, 24th November 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 (Conservative and Unionist Party) v Election Commissioner – WLR Daily

Posted November 25th, 2010 in costs, elections, law reports, local government by sally

Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296

“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”

WLR Daily, 24th November 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.

RT (Zimbabwe) v Secretary of State for the Home Department; SM (Zimbabwe) v Same; AM (Zimbabwe) v Same; DM (Zimbabwe) v Same – WLR daily

Posted November 25th, 2010 in asylum, law reports, Zimbabwe by sally

RT (Zimbabwe) v Secretary of State for the Home Department; SM (Zimbabwe) v Same; AM (Zimbabwe) v Same; DM (Zimbabwe) v Same [2010] EWCA Civ 1285; [2010] WLR (D) 295

“A claim for asylum would not be defeated if the tribunal found that a claimant would be willing to lie about political beliefs, or about the absence of political beliefs, but that the reason for the lie was to avoid persecution.”

WLR daily, 22nd November 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 November 24th, 2010 in law reports by sally

Supreme Court

Holland v Revenue and Customs & Anor [2010] UKSC 51 (24 November 2010)

MA (Somalia) v Secretary of State for the Home Department [2010] UKSC 49 (24 November 2010)

Royal Bank of Scotland plc v Wilson & Anor (Scotland) [2010] UKSC 50 (24 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 24th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Ministry of Defence v AB & Ors [2010] EWCA Civ 1317 (22 November 2010)

The Conservative and Unionist Party v The Election Commissioner [2010] EWCA Civ 1332 (23 November 2010)

High Court (Administrative Court)

Walther v The Police Medical Appeal Board & Anor [2010] EWHC 3009 (Admin) (23 November 2010)

High Court (Chancery Division)

Falmouth House Freehold Company Ltd & Anor v Morgan Walker LLP [2010] EWHC B26 (Ch) (23 November 2010)

McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989 (Ch) (23 November 2010)

High Court (Commercial Court)

Star Reefers Pool Inc v JFC Group Co Ltd [2010] EWHC 3003 (Comm) (23 November 2010)

High Court (Technology and Construction Court)

Linklaters Business Services v McAlpine Ltd & Ors [2010] EWHC 2931 (TCC) (23 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 22nd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Kuku, R. v [2010] EWCA Crim 2533 (13 October 2010)

Court of Appeal (Civil Division)

KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors [2010] EWCA Civ 1260 (18 November 2010)

Starglade Properties Ltd v Nash [2010] EWCA Civ 1314 (19 November 2010)

Tilson v Alstom Transport [2010] EWCA Civ 1308 (19 November 2010)

Ingram v Williams [2010] EWCA Civ 1313 (19 November 2010)

High Court (Queen’s Bench Division)

JIH v News Group Newspapers Ltd (No. 2) [2010] EWHC 2979 (QB) (18 November 2010)

High Court (Chancery Division)

Tim Martin Interiors Ltd. v Akin Gump Llp [2010] EWHC 2951 (Ch) (17 November 2010)

Pearson & Ors v Lehman Brothers Finance SA & Ors [2010] EWHC 2914 (Ch) (19 November 2010)

High Court (Administrative Court)

Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)

EO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3000 (Admin) (19 November 2010)

High Court (Patents Court)

Cephalon, Inc & Ors v Orchid Europe Ltd & Anor [2010] EWHC 2945 (Pat) (19 November 2010)

Source: www.bailii.org

Emerald Supplies Ltd and another v British Airways plc – WLR Daily

Posted November 22nd, 2010 in carriage by air, civil procedure rules, law reports, price fixing, representative actions by sally

Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284; [2010] WLR (D) 294

“For a case to fall within CPR r 19.6, a claimant who had brought a representative action on behalf of the claimant and other representative claimants had to show at all stages of the proceedings that the interest of the claimant and all potential represented claimants was same.”

WLR Daily, 19th November 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 November 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1285 (18 November 2010)

Whitney v Monster Worldwide Ltd [2010] EWCA Civ 1312 (18 November 2010)

Emerald Supplies Ltd & Anor v British Airways Plc [2010] EWCA Civ 1284 (18 November 2010)

Court of Appeal (Criminal Division)

Ali v The Crown [2010] EWCA Crim 2665 (18 November 2010)

High Court (Administrative Court)

Flattery & Anor v Secretary of State for Communities and Local Government & Anor [2010] EWHC 2868 (Admin) (18 November 2010)

High Court (Commercial Court)

Stellar Shipping Co Llc v Hudson Shipping Lines [2010] EWHC 2985 (Comm) (18 November 2010)

High Court (Queen’s Bench Division)

Fallon (A Child) v Wilson [2010] EWHC 2978 (QB) (18 November 2010)

Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 (QB) (18 November 2010)

Source: www.bailii.org

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, law reports by sally

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 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.

C v D and another – WLR Daily

Posted November 19th, 2010 in civil procedure rules, law reports, part 36 offers, time limits by sally

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 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 November 18th, 2010 in law reports by sally

Supreme Court

Multi-Link Leisure Developments Ltd v Lanarkshire Council (Scotland) [2010] UKSC 47 (17 November 2010)

Court of Appeal (Civil Division)

Shields v Merseyside Police [2010] EWCA Civ 1281 (17 November 2010)

W (A Minor) [2010] EWCA Civ 1280 (18 November 2010)

High Court (Chancery)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2010] EWHC 2911 (Ch) (17 November 2010)

Phillips v Newsgroup Newspapers Ltd & Ors [2010] EWHC 2952 (Ch) (17 November 2010)

C v D & D2 [2010] EWHC 2940 (Ch) (16 November 2010)

Giorgio Armani SpA v Sunrich Clothing Ltd [2010] EWHC 2939 (Ch) (16 November 2010)

Source: www.bailii.org

Donald v Ntuli – WLR Daily

Posted November 18th, 2010 in anonymity, freedom of expression, human rights, injunctions, law reports, privacy by sally

Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291

“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”

WLR Daily, 17th November 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 November 17th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Reckless, R (on the application of) v Kent Police Authority [2010] EWCA Civ 1277 (16 November 2010)

Deman v The Commission for Equality and Human Rights & Ors [2010] EWCA Civ 1279 (16 November 2010)

Ntuli v Donald [2010] EWCA Civ 1276 (16 November 2010)

High Court (Queen’s Bench Division)

Vaidya v General Medical Council [2010] EWHC 2873 (QB) (16 November 2010)

Ifedha v Archant Regional Ltd [2010] EWHC 2819 (QB) (08 November 2010)

High Court (Administrative Court)

Bisnauthsing, R (on the application of) v The Legal Complaints Service [2010] EWHC 2918 (Admin) (26 October 2010)

Fu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2922 (Admin) (01 November 2010)

Source: www.bailii.org

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

Posted November 17th, 2010 in competition, damages, law reports, time limits, tribunals by sally

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th November 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 November 16th, 2010 in law reports by sally

High Court (Administrative Court)

Rutherford, R (on the application of) v Independent Police Complaints Commission [2010] EWHC 2881 (Admin) (22 October 2010)

Calderdale Metropolitan Borough Council v Windy Bank Dairy Farm Ltd & Anor [2010] EWHC 2929 (Admin) (12 November 2010)

Source: www.bailii.org

Regina v Inglis – WLR Daily

Posted November 16th, 2010 in abuse of position of trust, disabled persons, euthanasia, law reports, murder, sentencing by sally

Regina v Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289

“When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors.”

WLR Daily, 15th November 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 November 15th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Tamiz (Aka Miah) & Ors v R [2010] EWCA Crim 2638 (12 November 2010)

Court of Appeal (Civil Division)

RH v South London & Maudsley NHS Foundation Trust & Ors [2010] EWCA Civ 1273 (12 November 2010)

High Court (Queen’s Bench Division)

BJM v Nathan Eyre & Ors [2010] EWHC 2856 (QB) (12 November 2010)

High Court (Administrative Court)

Abbassi & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2894 (Admin) (12 November 2010)

High Court (Family Division)

WF v RJ & Anor [2010] EWHC 2909 (Fam) (13 August 2010)

London Borough of Richmond v B & Ors [2010] EWHC 2903 (Fam) (12 November 2010)

High Court (Commercial Court)

Drachs Investment No 3 Ltd v Brightsea UK Ltd [2010] EWHC 2848 (Comm) (11 November 2010)

High Court (Patents Court)

Abbott Laboratories Ltd v Medinol Ltd [2010] EWHC 2865 (Pat) (12 November 2010)

Source: www.bailii.org

Watkins v Woolas – WLR Daily

Posted November 15th, 2010 in disciplinary procedures, elections, freedom of expression, human rights, law reports by sally

Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288

“S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The interference with the right to freedom of expression by s 106 and the penalties imposed for breach of that section were proportionate to the legitimate aim of the section.”

WLR Daily, 12th November 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.