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offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”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

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

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.

BAILII: Recent Decisions

Posted November 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

MH v Lancashire County Council [2010] EWCA Civ 1257 (12 November 2010)

BCL Old Co Ltd & v BASF SE & Ors [2010] EWCA Civ 1258 (12 November 2010)

Tiensia v Vision Enterprises Ltd (t/a Universal Estates) [2010] EWCA Civ 1224 (11 November 2010)

Cadogan & Anor v Panagopoulos & Anor [2010] EWCA Civ 1259 (11 November 2010)

Pengeyo & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1275 (11 November 2010)

Court of Appeal (Criminal Division)

Inglis, R v [2010] EWCA Crim 2637 (12 November 2010)

Joseph v R. [2010] EWCA Crim 2580 (11 November 2010)

High Court (Commercial Court)

WestLB Ag v Nomura Bank International Plc & Anor [2010] EWHC 2863 (Comm) (11 November 2010)

Source: www.bailii.org

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

Posted November 12th, 2010 in housing, judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th 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 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.