Category: law reports

Principal Reporter v K and others – WLR Daily

Posted December 17th, 2010 in children, contact orders, human rights, law reports, parental rights, Scotland by sally

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th 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.

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Posted December 17th, 2010 in death in custody, drug trafficking, ex turpi causa, human rights, law reports, news by sally

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th 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.

DD (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted December 17th, 2010 in asylum, law reports, news, proscribed organisations, refugees, terrorism by sally

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th 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.

Pink Floyd Music Ltd and another v EMI Records Ltd – WLR Daily

Posted December 16th, 2010 in anonymity, appeals, law reports, private hearings by sally

Pink Floyd Music Ltd and another v EMI Records Ltd [2010] EWCA Civ 1429; [2010] WLR (D) 329

“The Court of Appeal should not depart from the general rule that litigation was to be conducted in public unless a judge of that court was persuaded that there were cogent grounds for doing so.”

WLR Daily, 16th 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.

Gill v Woodall and others – WLR Daily

Posted December 16th, 2010 in law reports, married persons, mental health, undue influence, wills by sally

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th 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 (Edwards and another) v Environment Agency and others – WLR Daily

Posted December 16th, 2010 in costs, environmental protection, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th 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.

JSC BTA Bank v Kythreotis and others – WLR Daily

Posted December 16th, 2010 in contempt of court, freezing injunctions, law reports, third parties by sally

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th 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 16th, 2010 in law reports by sally

Supreme Court

Principal Reporter v K & Ors (Scotland) [2010] UKSC 56 (15 December 2010)

Revenue and Customs v DCC Holdings (UK) Ltd [2010] UKSC 58 (15 December 2010)

Edwards & Anor, R (on the application of) v Environment Agency & Ors [2010] UKSC 57 (15 December 2010)

Court of Appeal (Criminal Division)

Pluck v R [2010] EWCA Crim 2936 (15 December 2010)

Court of Appeal (Civil Division)

Friends of Basildon Golf Course, R (on the application of) v Basildon District Council [2010] EWCA Civ 1432 (14 December 2010)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2010] EWCA Civ 1434 (14 December 2010)

Betterment Properties (Weymouth) Ltd v James Carthy & Company Ltd [2010] EWCA Civ 1401 (15 December 2010)

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

Osborn & Anor v The Parole Board [2010] EWCA Civ 1409 (15 December 2010)

Pankhurst v Lee White Motor Insurers Bureau [2010] EWCA Civ 1445 (15 December 2010)

Dennard & Ors v Pricewaterhousecoopers LLP [2010] EWCA Civ 1437 (15 December 2010)

Baldwin & Anor v Berryland Books [2010] EWCA Civ 1440 (15 December 2010)

High Court (Queen’s Bench Division)

France v Freemans Solicitors & Anor [2010] EWHC 3291 (QB) (15 December 2010)

High Court (Administrative Court)

ASDA Stores Ltd & Anor, R (on the application of) v Council of the Borough of South Tyneside & Ors [2010] EWHC 3285 (Admin) (14 December 2010)

High Court (Patents Court)

Numatic International Ltd v Qualtex (UK) Ltd [2010] EWHC 1797 (Pat) (12 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 15th, 2010 in law reports by sally

Court of Appeal (Civil division)

Criminal Injuries Compensation Authority v Criminal Injuries Compensation Appeals Panel & Anor [2010] EWCA Civ 1433 (14 December 2010)

JSC BTA Bank v Kythreotis & Ors [2010] EWCA Civ 1436 (14 December 2010)

Court of Appeal (CriminalDivision)

Ahmed v R. [2010] EWCA Crim 2899 (14 December 2010)

High Court (Administrative Court)

London Borough of Croydon v Pinch A Pound (UK) Ltd [2010] EWHC 3283 (Admin) (14 December 2010)

High Court (Chancery Division)

Independent Trustee Services Ltd v GP Noble Trustees Ltd & Ors [2010] EWHC 3275 (Ch) (14 December 2010)

High Court (Commercial Court)

Servaas Incorporated v Rafidain Bank & Ors [2010] EWHC 3287 (Ch) (14 December 2010)

Fiona Trust & Holding Corporation Ors v Privalov Ors [2010] EWHC 3199 (Comm) (10 December 2010)

Source: www.bailii.org

Carroll v Kynaston – WLR Daily

Posted December 15th, 2010 in contracts, costs, damages, law reports by sally

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th 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 14th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Pink Floyd Music Ltd & Anor v EMI Records Ltd [2010] EWCA Civ 1429 (14 December 2010)

Gill v Woodall & Ors [2010] EWCA Civ 1430 (14 December 2010)

High Court (Queen’s Bench Division)

Jessop v Nixon [2010] EWHC 3211 (QB) (14 December 2010)

Source: www.bailii.org.

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies – WLR Daily

Posted December 14th, 2010 in administrators, contribution, debts, insolvency, law reports by sally

In re Nortel GmbH and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies [2010] EWHC 3010 (Ch); [2010] WLR (D) 324

“Liabilities arising from the financial support direction (‘FSD’) regime created by the Pensions Act 2004 upon companies in administration or liquidation were payable as a liquidation or administration expense.”

WLR Daily, 13th 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

Paponette and others v Attorney General of Trinidad and Tobago – WLR Daily

Posted December 14th, 2010 in burden of proof, law reports, public interest, Trinidad & Tobago by sally

Paponette and others v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2010] WLR (D) 323

“A court could not infer from the bare fact that a public body had acted in breach of a legitimate expectation that it must have done so to further some overriding public interest.”

WLR Daily, 13th 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 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Carroll v Kynaston [2010] EWCA Civ 1404 (13 December 2010)

High Court (Queen’s Bench Division)

Smith v ADVFN Plc & Ors [2010] EWHC 3255 (QB) (13 December 2010)

High Court (Administrative Court)

Public Interest Lawyers v Legal Services Commission [2010] EWHC 3277 (Admin) (13 December 2010)

High Court (Patents Court)

Pfizer Health AB & Anor v Schwarz Pharma AG & Ors [2010] EWHC 3236 (Pat) (08 December 2010)

High Court (Commercial Court)

AAG Investments Ltd v BAA Airports Ltd [2010] EWHC 2844 (Comm) (09 November 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 13th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Larkin, R. v [2010] EWCA Crim 2850 (19 November 2010)

Belton, R. v [2010] EWCA Crim 2857 (09 November 2010)

Court of Appeal (Civil Division)

Fry v Densham- Smith [2010] EWCA Civ 1410 (10 December 2010)

High Court (Queen’s Bench Division)

OTS Logistics Belgium NV & Anor v Clarke & Anor [2010] EWHC 3202 (QB) (06 December 2010)

High Court (Family Division)

C and D (Children), Re [2010] EWHC B27 (Fam) (09 November 2010)

High Court (Technology and Construction Court)

Dawes v Treasure and Son Ltd [2010] EWHC 3218 (TCC) (10 December 2010)

Lifestyle Management Ltd. v Frater [2010] EWHC 3258 (TCC) (10 December 2010)

High Court (Commercial Court)

Exportadora Valle De Colina SA (t/a Exportadora Santa Elena) & Ors v A.P. Moller – Maersk AS (t/a Maersk Line) [2010] EWHC 3224 (Comm) (09 December 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 10th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v DD (Afghanistan) [2010] EWCA Civ 1407 (10 December 2010)

Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

Shah v Shah [2010] EWCA Civ 1408 (09 December 2010)

Compania Sud Americana De Vapores SA v Sinochem Tianjin Ltd (Aconcagua) [2010] EWCA Civ 1403 (09 December 2010)

Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors [2010] EWCA Civ 1380 (09 December 2010)

MGN Ltd & Ors v Grisbrook [2010] EWCA Civ 1399 (09 December 2010)

Ministry of Defence v AB & Ors [2010] EWCA Civ 1405 (09 December 2010)

Court of Appeal (Criminal Division)

Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

Jumah, R v [2010] EWCA Crim 2900 (09 December 2010)

High Court (Administrative Court)

Adetola, R (on the application of) v First-Tier Tribunal (Immigration and Asylum Chamber) & Anor [2010] EWHC 3197 (Admin) (09 December 2010)

High Court (Chancery Division)

Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] EWHC 3010 (Ch) (10 December 2010)

High Court (Commercial Court)

Fiona Trust & Holding Corporation Ors v Privalov Ors [2010] EWHC 3199 (Comm) (10 December 2010)

High Court Family Division)

L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

High Court (Queen’s Bench Division)

Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

High Court (Technology and Construction Court)

Gunn & Anor v Taygroup Ltd [2010] EWHC 3201 (TCC) (09 December 2010)

Source: www.bailii.org

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

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.

Barclays Bank plc v Guy – WLR Daily

Posted December 10th, 2010 in appeals, civil procedure rules, jurisdiction, law reports by sally

Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321

“Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial.”

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.

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.