law reports – Page 222 – Current Awareness

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

Posted November 3rd, 2010 in accounts, auditors, confidentiality, human rights, law reports, local government by sally

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd 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.

White v Davenham Trust Ltd – WLR Daily

Posted November 3rd, 2010 in bankruptcy, debts, guarantees, law reports by sally

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2010] WLR (D) 272

“The mere existence of a secured remedy against another party was not a substantial ground for refusing to allow a creditor to pursue a remedy in bankruptcy against a surety.”

WLR Daily, 2nd 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 2nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Springwell Navigation Corporation v JP Morgan Chase Bank & Ors [2010] EWCA Civ 1221 (01 November 2010)

High Court (Queen’s Bench Division)

Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank) [2010] EWHC 2755 (QB) (01 November 2010)

Gulf International Bank v Al Ittefaq Steel Products Co & Ors [2010] EWHC 2601 (QB) (20 September 2010)

High Court (Chancery Division)

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

High Court (Administrative Court)

General Pharmaceutical Council, R (on the application of) v Ramos [2010] EWHC 2693 (Admin) (18 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

F, R v [2010] EWCA Crim 2243 (17 September 2010)

Court of Appeal (Civil Division)

Clarke & Ors v Get Training Ltd [2010] EWCA Civ 1213 (29 October 2010)

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors [2010] EWCA Civ 1214 (29 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 29th, 2010 in law reports by sally

High Court (Administrative Court)

Booker, R (on the application of) v NHS Oldham & Anor [2010] EWHC 2593 (Admin) (28 October 2010)

High Court (Family Division)

A Local Authority v DL & Ors [2010] EWHC 2675 (Fam) (25 October 2010)

G v B [2010] EWHC 2630 (Fam) (25 October 2010)

Source: www.bailii.org

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR daily

Posted October 29th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] UKSC 44; [2010] WLR(D) 270

“Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute between the parties as to the proper meaning of a clause in the agreement.”

WLR Daily, 29th October 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 October 28th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Harding, R. v [2010] EWCA Crim 2145 (03 September 2010)

Gripton, R. v [2010] EWCA Crim 2260 (21 September 2010)

Zulhayir, R. v [2010] EWCA Crim 2272 (28 September 2010)

Court of Appeal (Civil Division)

Savva, R (on the application of) v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1209 (28 October 2010)

Patel & Anor v K&J Restaurants Ltd & Anor [2010] EWCA Civ 1211 (28 October 2010)

High Court (Family Division)

A and B (One parent killed by the other – Guidance), Re [2010] EWHC B25 (Fam) (07 September 2010)

High Court (Administrative Court)

Parasiliti- Mollica v Prosecutor General (Court of Appeal of Reggio Calabria, Italy) [2010] EWHC 2722 (Admin) (28 October 2010)

Ficuta v Trial Court of Piatra Neamt (A Romanian Judicial Authority) [2010] EWHC 2644 (Admin) (22 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 28th, 2010 in law reports by sally

Supreme Court

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2010] UKSC 44 (27 October 2010)

Court of Appeal (Civil Division)

Jacobs v Motor Insurers Bureau [2010] EWCA Civ 1208 (27 October 2010)

Robson v Robson [2010] EWCA Civ 1171 (27 October 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWCA Civ 1172 (27 October 2010)

Cartwright v King’s College, London [2010] EWCA Civ 1146 (27 October 2010)

Brink’s Global Services Inc & Ors v Igrox Ltd & Anor [2010] EWCA Civ 1207 (27 October 2010)

High Court (Administrative Court)

Bewry, R (on the application of) v Norfolk County Council [2010] EWHC 2545 (Admin) (06 October 2010)

High Court (Family Division)

Martin v Martin [2010] EWHC 2667 (Fam) (22 October 2010)

High Court (Commercial Court)

Marex Financial Ltd v Fluxo-Cane Overseas Ltd & Anor [2010] EWHC 2690 (Comm) (27 October 2010)

Source: www.bailii.org

Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily

Posted October 27th, 2010 in civil procedure rules, law reports, limitations, negligence, service by sally

Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269

“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”

WLR Daily, 26th October 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.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Posted October 27th, 2010 in human rights, law reports, legal representation, police interviews, Scotland, self-incrimination by sally

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 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 October 27th, 2010 in law reports by sally

Supreme Court

Cadder v Her Majesty’s Advocate (Scotland) [2010] UKSC 43 (26 October 2010)

Court of Appeal (Criminal Division)

Constantine, R. v [2010] EWCA Crim 2406 (26 October 2010)

T, R. v [2010] EWCA Crim 2439 (26 October 2010)

Wakeling, R. v [2010] EWCA Crim 2210 (15 September 2010)

Qayum, R. v [2010] EWCA Crim 2237 (16 September 2010)

Cooper, R. v [2010] EWCA Crim 2335 (20 September 2010)

Nuthoo, R. v [2010] EWCA Crim 2383 (05 October 2010)

Court of Appeal (Civil Division)

Various Claimants v The Catholic Child Welfare Society & Ors [2010] EWCA Civ 1106 (26 October 2010)

High Court (Queen’s Bench Division)

Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors [2010] EWHC 2349 (QB) (25 October 2010)

Sutherland v Turnbull [2010] EWHC 2699 (QB) (26 October 2010)

High Court (Administrative Court)

Alvi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2666 (Admin) (25 October 2010)

Gdansk Regional Court (Polish Judicial Authority) v Ulatowski [2010] EWHC 2673 (Admin) (26 October 2010)

Booker, R (on the application of) v NHS Oldham [2010] EWHC 2593 (Admin) (28 October 2010)

TS, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2614 (Admin) (26 October 2010)

Omoregbee, R (on the application of) v The Secretary of State for Justice [2010] EWHC 2658 (Admin) (22 October 2010)

High Court (Commercial Court)

Greene Wood McLean Llp v Templeton Insurance Ltd [2010] EWHC 2679 (Comm) (26 October 2010)

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] EWHC 2661

Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm) (26 October 2010)

High Court (Technology and Construction Court)

Kaye v Lawrence [2010] EWHC 2678 (TCC) (26 October 2010)

Source: www.bailii.org

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court – WLR Daily

Posted October 26th, 2010 in law reports, magistrates, offensive weapons, prosecutions by sally

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court [2010] WLR(D) 264

“Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law in finding that s 141A did not apply to a grapefruit knife, notwithstanding that it was a cutting instrument consisting of a blade with a handle.”

WLR Daily, 25th October 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.

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others – WLR Daily

Posted October 26th, 2010 in law reports, trade marks by sally

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265

“Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. It was not use as part (or even preparatory to) a commercial communication with a third party.”

WLR Daily, 25th October 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 M(L) and Others; Regina v Tabot; Regina v Tijani – WLR Daily

Posted October 26th, 2010 in law reports, prosecutions, public interest, trafficking in human beings by sally

Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266

“Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking committed an offence which arguably called, in the public interest, for prosecution, the decision whether to prosecute depended on whether the offence committed was serious enough to call for prosecution, which in turn depended on all the circumstances of the case, the gravity of the offence alleged, the degree of continuing compulsion, and the alternatives reasonably available to the defendant. The prosecution was not obliged by art 10 of the Convention to advise a defendant’s solicitors of the availability of human trafficking referral agencies or to refer a represented defendant to those agencies, unless there were something unusual about the defendant’s case, but were obliged to remind the defendant’s solicitors of the existence of those agencies.”

WLR Daily, 25th October 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 (Oakes) v Secretary of State for Justice and others – WLR Daily

Posted October 26th, 2010 in law reports, release on licence by sally

Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267

“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”

WLR Daily, 25th October 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 October 25th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd. [2010] EWHC 2192 (QB) (23 August 2010)

High Court (Administrative Court)

Shah, R (on the application of) v National Health Service Litigation & Ors [2010] EWHC 2575 (Admin) (15 October 2010)

High Court (Commercial Court)

Gesner Investments Ltd v Bombardier Inc [2010] EWHC 2643 (Comm) (22 October 2010)

Source: www.bailii.org

Bolsover District Council and another v Ashfield Nominees Ltd and others – WLR Daily

Posted October 25th, 2010 in council tax, enforcement, insolvency, law reports, limitations by sally

Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129; [2010] WLR (D) 263

“A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of s 9 of the Limitation Act 1980.”

WLR Daily, 22nd October 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.

Threlfall v Hull City Council – WLR Daily

Posted October 25th, 2010 in employment, health & safety, industrial injuries, law reports, protective equipment by sally

Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262

“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”

WLR Daily, 21st Octbober 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.

O’Connell v Judicial Authority of Santa Cruz de Tenerife – WLR Daily

Posted October 25th, 2010 in extradition, law reports, remand, sentencing, warrants by sally

O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26

“It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed issuing the warrant for a significant period of time.”

WLR Daily, 21st October 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.

Granatino v Radmacher (formerly Granatino) – WLR Daily

Posted October 25th, 2010 in divorce, financial provision, law reports, prenuptial agreements by sally

Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260

“A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”

WLR Daily, 21st October 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.