law reports – Page 221 – Current Awareness

BAILII: Recent Decisions

Posted November 11th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Plymouth City Council v G (Children) [2010] EWCA Civ 1271 (10 November 2010)

High Court (Queen’s Bench Division)

Cairns v Modi [2010] EWHC 2859 (QB) (10 November 2010)

High Court (Administrative Court)

Rycroft, R (on the application of) v The Royal Pharmaceutical Society of Great Britain [2010] EWHC 2832 (Admin) (10 November 2010)

Royal College of Nursing & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2010] EWHC 2761 (Admin) (10 November 2010)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) (10 November 2010)

Source: www.bailii.org

Merton London Borough Council v Sinclair Collis Ltd – WLR Daily

Posted November 11th, 2010 in children, law reports, sale of goods, smoking by sally

Merton London Borough Council v Sinclair Collis Ltd [2010] WLR (D) 286

“Notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended), a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.”

WLR Daily, 10th 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 v Constantine – WLR Daily

Posted November 11th, 2010 in confiscation, costs, law reports, proceeds of crime, sentencing by sally

Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28

“A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far.”

WLR Daily, 10th 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 (Gallagher and another) v Basildon District Council – WLR Daily

Posted November 11th, 2010 in compensation, law reports, local government, maladministration by sally

Regina (Gallagher and another) v Basildon District Council [2010] EWHC 2824 (Admin); [2010] WLR (D) 28

“There was no obligation on a local authority to implement recommendations of a local commissioner, nor was it necessary for a local authority to have cogent reasons for refusing to follow such a recommendation; but if a local authority gave reasons for rejecting a recommendation, the court was entitled to examine whether it had taken into account irrelevant considerations or failed to take account of relevant considerations, or its decision was irrational.”

WLR Daily, 10th 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 v Belton – WLR Daily

Posted November 11th, 2010 in law reports, misfeasance in public office, prisons, remuneration by sally

Regina v Belton [2010] WLR (D) 283

“The offence of misconduct in public office was not restricted to office holders in receipt of remuneration.”

WLR Daily, 10th 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 10th, 2010 in law reports by sally

Court of Appeal (Civil Division)

United States of America v Nolan [2010] EWCA Civ 1223 (09 November 2010)

High Court (Administrative Court)

Gallagher & Anor, R (on the application of) v Basildon District Council [2010] EWHC 2824 (Admin) (09 November 2010)

High Court (Commercial Court)

Borealis AB v Geogas Trading SA [2010] EWHC 2789 (Comm) (09 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 9th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Anderson, R v [2010] EWCA Crim 2553 (03 November 2010)

Court of Appeal (Civil Division)

Arachchige v Revenue and Customs [2010] EWCA Civ 1255 (08 November 2010)

High Court (Queen’s Bench Division)

Ronaldo v Telegraph Media Group Ltd [2010] EWHC 2710 (QB) (27 October 2010)

Ernst & Young Llp & Ors v Coomber & Anor [2010] EWHC 2837 (QB) (08 November 2010)

High Court (Chancery Division)

Lee v Futurist Developments Ltd [2010] EWHC 2764 (Ch) (08 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

C, R v [2010] EWCA Crim 2578 (04 November 2010)

Qazi & Anor, R v [2010] EWCA Crim 2579 (04 November 2010)

Court of Appeal (Civil Division)

HHY Luxembourg Sarl & Anr v Barclays Bank Plc & Ors [2010] EWCA Civ 1248 (22 October 2010)

High Court (Queen’s Bench Division)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

Jaison Property Development Co Ltd v Swinhoe [2010] EWHC 2467 (QB) (15 October 2010)

Thornley v Ministry Of Defence [2010] EWHC 2584 (QB) (14 October 2010)

JXF v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB) (04 November 2010)

JIH v News Group Newspapers Ltd [2010] EWHC 2818 (QB) (05 November 2010)

Watkins v Woolas [2010] EWHC 2702 (QB) (05 November 2010)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Ors v Revenue & Customs [2010] EWHC 2811 (Ch) (05 November 2010)

Bank of Scotland v Hussain & Anor [2010] EWHC 2812 (Ch) (05 November 2010)

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch) (01 November 2010)

Fattal & Ors v Walbrook Trustees (Jersey) Ltd & Ors [2010] EWHC 2767 (Ch) (03 November 2010)

High Court (Administrative Court)

Smith, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2774 (Admin) (22 October 2010)

On Line Design and Engineering Ltd, R (on the application of) v Engineering Construction Industry Training Board [2010] EWHC 2776 (Admin) (22 October 2010)

Omar v Secretary of State for the Home Department [2010] EWHC 2792 (Admin) (05 November 2010)

Naik v Secretary of State for the Home Department & Anor [2010] EWHC 2825 (Admin) (05 November 2010)

High Court (Commercial Court)

Guangzhou Dockyards Co Ltd v ENE Aegiali I [2010] EWHC 2826 (Comm) (05 November 2010)

Source: www.bailii.org

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners – WLR Daily

Posted November 8th, 2010 in customs and excise, detention, law reports by sally

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners [2010] EWHC 2797 (Admin); [2010] WLR (D) 282

“The power of detention contained in s 139(1) of the Customs and Excise Management Act 1979 was not limited to cases in which the goods in question were goods on which duty had not in fact been paid, but also covered cases in which there were reasonable grounds for suspecting that duty might not have been paid on the goods.”

WLR Daily, 5th 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.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Posted November 8th, 2010 in conflict of laws, jurisdiction, law reports, service by sally

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th 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 5th, 2010 in law reports by sally

Court of Appeal (Civil Division)

SK Slavia Praha-Fotbal AS v Debt Collect London Ltd & Anor [2010] EWCA Civ 1250 (04 November 2010)

Bovis Homes Ltd v Persimmon Homes Ltd [2010] EWCA Civ 1252 (04 November 2010)

Kingdon v Kingdon [2010] EWCA Civ 1251 (04 November 2010)

L-W (Children), Re [2010] EWCA Civ 1253 (04 November 2010)

High Court (Administrative Court)

Acheampong, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2751 (Admin) (04 November 2010)

Eastenders Cash and Carry Plc & Anor v Revenue and Customs [2010] EWHC 2797 (Admin) (04 November 2010)

High Court (Chancery Division)

Littlewoods Retail Ltd & Ors v Revenue and Customs [2010] EWHC 2771 (Ch) (04 November 2010)

Brooks v AH Brooks & Co (a firm) [2010] EWHC 2720 (Ch) (04 November 2010)

Long v Comptroller General of Patents [2010] EWHC 2810 (Ch) (04 November 2010)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749 (Ch) (01 November 2010)

High Court (Queen’s Bench Division)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

Source: www.bailii.org

Malone and others v British Airways plc – WLR Daily

Posted November 5th, 2010 in airlines, collective agreements, contract of employment, law reports, news by sally

Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280

“When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to mean.”

WLR Daily, 4th 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.

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Posted November 5th, 2010 in arbitration, enforcement, jurisdiction, law reports, Pakistan by sally

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th 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.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Posted November 5th, 2010 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th 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.

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Posted November 5th, 2010 in assignment, contracts, copyright, law reports, news by sally

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd 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 v F and M – WLR Daily

Posted November 5th, 2010 in delay, Iraq, law reports, orders in council, sanctions, United Nations by sally

Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276

“An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence.”

WLR Daily, 3rd 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 4th, 2010 in law reports by sally

Supreme Court

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46 (03 November 2010)

Manchester City Council v Pinnock [2010] UKSC 45 (03 November 2010)

Court of Appeal (Civil Division)

Malone & Ors v British Airways Plc [2010] EWCA Civ 1225 (03 November 2010)

High Court (Queen’s Bench Division)

Withers LLP v Harrison [2010] EWHC 2769 (QB) (03 November 2010)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor [2010] EWHC 2747 (Ch) (29 October 2010)

Source: www.bailii.org

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted November 4th, 2010 in budgets, community care, disabled persons, law reports, local government by sally

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd 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 v Williams (Jason John) – WLR Daily

Posted November 4th, 2010 in accidents, criminal responsibility, law reports, road traffic offences, statutory interpretation, uninsured drivers by sally

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd 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.