law reports – Page 222 – Current Awareness

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

Posted December 9th, 2010 in company directors, fiduciary duty, law reports, subsidiary companies, ultra vires by sally

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

Salazar-Duarte v Government of the United States of America – WLR Daily

Posted December 3rd, 2010 in appeals, extradition, jurisdiction, law reports, service, time limits by sally

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd 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.

Fulham Football Club (1987) Ltd v Sir David Richards and another – WLR Daily

Posted December 3rd, 2010 in arbitration, company law, law reports, sport, unfairly prejudicial conduct by sally

Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312

“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”

WLR Daily, 2nd 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 Chaytor and others – WLR Daily

Posted December 3rd, 2010 in expenses, false accounting, law reports, parliamentary privilege, prosecutions by sally

Regina v Chaytor and others [2010] UKSC 52; [2010] WLR (D) 311

“Parliamentary privilege did not pose any bar to the prosecution of defendants charged with false accounting who, while serving Members of Parliament, made claims for expenses and allowances to the Fees Office of the House of Commons.”

WLR Daily, 2nd 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.

Joseph v Spiller – WLR Daily

Posted December 3rd, 2010 in defamation, defences, law reports by sally

Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310

“The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. The comment did, however, have to identify at least in general terms what it was that had led the commentator to make the comment”

WLR Daily, 2nd 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 Major – WLR Daily

Posted December 3rd, 2010 in harassment, law reports, restraining orders by sally

Regina v Major [2010] WLR (D) 309

“The Registrar of Criminal Appeals had power to grant a representation order in respect of an application or appeal against a restraining order imposed on acquittal of an offence, pursuant to the provisions of s 5A of the Protection from Harassment Act 1997.”

WLR Daily, 2nd 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 (Moore) v Skipton Fund Ltd – WLR Daily

Posted December 3rd, 2010 in blood products, compensation, judicial review, law reports, time limits by sally

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd 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.

HR Trustees Ltd v German and another; In re IMG Pension Plan – WLR Daily

Posted December 3rd, 2010 in compromise, law reports, pensions by sally

HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307

“Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme.”

WLR Daily, 2nd 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.