law reports – Page 223 – Current Awareness

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th 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 (King) v Secretary of State for Justice – WLR Daily

Posted October 22nd, 2010 in disciplinary procedures, human rights, law reports, prisons by sally

Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258

“The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. Within the autonomous meaning afforded to civil rights by the European Court of Human Rights, a prisoner’s residual right of association was a ‘civil right’ within art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 20th 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 (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Posted October 22nd, 2010 in asylum, children, housing, law reports, local government by sally

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th 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 20th, 2010 in law reports by sally

Supreme Court

Radmacher (formerly Granatino) v Granatino (Rev 1) [2010] UKSC 42 (20 October 2010)

Court of Appeal (Civil Division)

London Borough of Haringey v Hines [2010] EWCA Civ 1111 (20 October 2010)

Threlfall v Hull City Council [2010] EWCA Civ 1147 (20 October 2010)

High Court (Queen’s Bench Division)

Dowson & Ors v Chief Constable of Northumbria Police [2010] EWHC 2612 (QB) (20 October 2010)

High Court (Chancery Division)

Och-Ziff Management Europe Ltd & Anor v Och Capital LLP & Anor [2010] EWHC 2599 (Ch) (20 October 2010)

High Court (Technology and Construction Court)

Straw Realisations (No 1) Ltd v Shaftsbury House (Developments) Ltd [2010] EWHC 2597 (TCC) (20 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 20th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140 (19 October 2010)

KG Bominflot Bunkergesellschaft Für Mineraloele mBH & Co v Petroplus Marketing AG ( the Mercini Lady) [2010] EWCA Civ 1145 (19 October 2010)

Bolsover District Council & Anor v Ashfield Nominees Ltd & Ors [2010] EWCA Civ 1129 (19 October 2010)

High Court (Chancery Division)

Lloyds TSB Bank Plc v Markandan & Uddin (a firm) [2010] EWHC 2517 (Ch) (14 October 2010)

High Court (Family Division)

HM (An Adult), Re [2010] EWHC 2107 (Fam) (09 August 2010)

High Court (Administrative Court)

Jooste v General Medical Council [2010] EWHC 2558 (Admin) (19 October 2010)

High Court (Commercial Court)

JSC BTA Bank v Mukhtar Ablyazov & Ors (Rev 1) [2010] EWHC 2352 (Comm) (24 August 2010)

Garnat Trading & Shipping (Singapore) Pte Ltd & Anor v Baominh Insurance Corporation [2010] EWHC 2578 (Comm) (19 October 2010)

JSC BTA Bank v Granton Trade Ltd & Ors [2010] EWHC 2577 (Comm) (19 October 2010)

Synergy Health (UK) Ltd v CGU Insurance Plc (t/a Norwich Union) & Ors [2010] EWHC 2583 (Comm) (19 October 2010)

High Court (Technology and Construction Court)

Gibraltar Residential Properties Ltd v Gibralcon 2004 SA [2010] EWHC 2595 (TCC) (19 October 2010)

Source: www.bailii.org

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others – WLR Daily

Posted October 20th, 2010 in asbestos, indemnities, industrial injuries, insurance, law reports by sally

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256

“In any year in which an employee underwent substantial exposure to asbestos and subsequently developed mesothelioma, the mesothelioma was ’caused’ by the exposure during that year. An insurance policy which was worded to indemnify the employer against disease ’caused’ during employment thus responded to the mesothelioma. However, employers’ liability policies framed in terms of the employee suffering or sustaining an injury did not have the same effect. Employees did not suffer or sustain an injury within the meaning of the policies when they were exposed to asbestos. Injury was not suffered until the onset of malignancy, and policies with that type of wording did not indemnify the employer. Mesothelioma might also be ‘contracted’ when exposure occurred.”

WLR Daily, 19th 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 19th, 2010 in law reports by sally

High Court (Chancery Division)

Scullion v Bank of Scotland Plc (t/a Colleys) [2010] EWHC 2253 (Ch) (08 October 2010)

HM Revenue & Customs v Lansdowne Partners Ltd Partnership [2010] EWHC 2582 (Ch) (18 October 2010)

High Court (Queen’s Bench Division)

Morgan & Anor v Ministry of Justice & Anor [2010] EWHC 2563 (QB) (18 October 2010)

High Court (Administrative Court)

Patel, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2483 (Admin) (29 September 2010)

Raheem, R (on the application of) v Nursing and Midwifery Council [2010] EWHC 2549 (Admin) (04 October 2010)

The London Reading College Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2561 (Admin) (18 October 2010)

High Court (Family Division)

AP v TD [2010] EWHC 2040 (Fam) (18 October 2010)

High Court (Technology and Construction Court)

Ericsson Ltd v Hutchison 3G UK Ltd [2010] EWHC 2525 (TCC) (18 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 18th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Grimme Maschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2010] EWCA Civ 1110 (15 October 2010)

High Court (Chancery Division)

Serious Organised Crime Agency v Szepietowski & Ors [2010] EWHC 2570 (Ch) (15 October 2010)

High Court (Family Division)

A County Council v SB & Ors [2010] EWHC 2528 (Fam) (15 October 2010)

High Court (Administrative Court)

Hair, R (on the application of) v Her Majesty’s Coroner for Staffordshire (South) [2010] EWHC 2580 (Admin) (15 October 2010)

Law Society of England and Wales v Legal Services Commission [2010] EWHC 2550 (Admin) (30 September 2010)

Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) (15 October 2010)

High Court (Commercial Court)

REC Wafer Norway AS v Moser Baer Photo Voltaic Ltd [2010] EWHC 2581 (Comm) (15 October 2010)

UBS AG, London Branch & Anor v Kommunale Wasserwerke Leipzig GmbH [2010] EWHC 2566 (Comm) (15 October 2010)

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato KFT [2010] EWHC 2567 (Comm) (15 October 2010)

High Court (Technology and Construction Court)

Cooperative Group Ltd v John Allen Associates Ltd [2010] EWHC 2300 (TCC) (14 September 2010)

Source: www.bailii.org

Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd – WLR Daily

Posted October 18th, 2010 in administrators, insolvency, law reports by sally

Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd [2010] EWHC 2538 (Ch); [2010] WLR (D) 255

“Considerations that the institution of proceedings for relief under s 244 of the Insolvency Act 1986 in respect of a transaction to which the company was a party was extortionate when the issue was only triable and the consequences of thereby rescuing the company less than reasonably practicable were relevant to the existence or otherwise of good reason to remove the administrators under para 88 of Sch B1 to the Act but were not themselves sufficient to preclude good or sufficient reason.”

WLR Daily, 14th 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.

Laws v Metropolitan Police Authority and another – WLR Daily

Posted October 18th, 2010 in disabled persons, judicial review, law reports, pensions, police by sally

Laws v Metropolitan Police Authority and another [2010] EWCA Civ 1099; [2010] WLR (D) 254

“By reg 37(1) of the Police (Injury Benefit) Regulations 2006, on a review of an injury pension payable under those regulations, the only duty of the police authority was to consider whether, since any previous review, the degree of pension disablement had substantially altered, and it was not open to the authority to reduce or increase a pension on such a review by virtue of a conclusion that the clinical basis of an earlier assessment had been wrong.”

WLR Daily, 14th 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.

Dorset County Council v House – WLR Daily

Posted October 18th, 2010 in animals, criminal responsibility, EC law, law reports, repeals by sally

Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253

“Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced.”

WLR Daily, 14th 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 15th, 2010 in law reports by sally

Court of Appeal (Civil Division)

MH, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 1112 (14 October 2010)

Nouri v Marvi & Ors [2010] EWCA Civ 1107 (14 October 2010)

Norbrook Laboratories Ltd & Anor v Carr & Anor [2010] EWCA Civ 1108 (14 October 2010)

Court of Appeal (Criminal Division)

Inglis v R. [2010] EWCA Crim 2269 (14 October 2010)

High Court (Administrative Court)

Howden, R (on the application of) v The Chief Constable of South Yorkshire [2010] EWHC 2521 (Admin) (15 October 2010)

High Court (Chancery Division)

Allen v Bloomsbury Publishing Plc & Anor [2010] EWHC 2560 (Ch) (14 October 2010)

Clark & Anor v Finnerty & Anor [2010] EWHC 2538 (Ch) (14 October 2010)

High Court (Commercial Court)

Dredger “Kamal XXVI” & the Barge “Kamal XXIV” (The Owners And/or Demise Charterers of) v “Ariela” (Owners of the Ship) & Ors [2010] EWHC 2531 (Comm) (14 October 2010)

High Court (Family Division)

Chief Constable & Anor v YK & Ors [2010] EWHC 2438 (Fam) (06 October 2010)

High Court (Queen’s Bench Division)

Brewer v Mann & Ors (Rev 1) [2010] EWHC 2444 (QB) (14 October 2010)

Thornley v Ministry Of Defence [2010] EWHC B24 (QB) (14 October 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 14th, 2010 in law reports by sally

Supreme Court

Gisda Cyf v Barratt [2010] UKSC 41 (13 October 2010)

Court of Appeal (Criminal Division)

Shah v R [2010] EWCA Crim 2326 (13 October 2010)

Dorset County Council v House (Rev 1) [2010] EWCA Crim 2270 (13 October 2010)

O & H, R v [2010] EWCA Crim 2233 (13 October 2010)

King v Secretary of State for Justice [2010] EWCA Crim 2522 (13 October 2010)

Court of Appeal (Civil Division)

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113 (13 October 2010)

Herbert v Doyle & Anor [2010] EWCA Civ 1095 (13 October 2010)

Competition Commission v BAA Ltd & Anor [2010] EWCA Civ 1097 (13 October 2010)

Soufflet Negoce SA v Bunge SA [2010] EWCA Civ 1102 (13 October 2010)

McDonald, R (on the application of) v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1109 (13 October 2010)

Metropolitan Police Authority v Laws [2010] EWCA Civ 1099 (13 October 2010)

British Gurkha Welfare Society & Ors, R (on the application of) v Ministry of Defence [2010] EWCA Civ 1098 (13 October 2010)

Prudential Plc & Anor, R (on the application of) v Special Commissioner of Income Tax & Ors [2010] EWCA Civ 1094 (13 October 2010)

High Court (Queen’s Bench Division)

Bold v Urbisity Ltd [2010] EWHC 2530 (QB) (13 October 2010)

High Court (Administrative Court)

King v Secretary of State for Justice [2010] EWHC 2522 (Admin) (13 October 2010)

Iceland Foods Ltd, R (on the application of) v Newport City Council [2010] EWHC 2502 (Admin) (12 October 2010)

Source: www.bailii.org

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Posted October 14th, 2010 in disclosure, financial advice, law reports, legal profession, privilege by sally

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“Legal advice privilege applied only to advice given by a member of the legal profession.”

WLR Daily, 13th 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.

Broomleigh Housing Association Ltd v Okonkwo – WLR Daily

Posted October 14th, 2010 in civil procedure rules, committals, law reports by sally

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251

“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”

WLR Daily, 13th 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.

Gisda Cyf v Barratt – WLR Daily

Posted October 14th, 2010 in complaints, contract of employment, law reports, time limits, unfair dismissal by sally

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th 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.

In re Stakefield (Midlands) Ltd and others – WLR Daily

Posted October 14th, 2010 in company directors, disqualification, evidence, human rights, law reports, striking out by sally

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th 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.

Pieretti v Enfield London Borough Council – WLR Daily

Posted October 14th, 2010 in disability discrimination, homelessness, housing, law reports, local government by sally

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th 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 (Kibris Turk Hava Yollari and another) v Secretary of State for Transport – WLR Daily

Posted October 14th, 2010 in airlines, carriage by air, Cyprus, law reports, treaties by sally

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport [2010] EWCA Civ 1093; [2010] WLR (D) 247

“The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus.”

WLR Daily, 13th 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.