BAILII: Recent Decisions

Posted August 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Hudson Bay Apparel Brands LLC v Umbro International Ltd [2010] EWCA Civ 949 (11 August 2010)

High Court (Chancery Division)

Leyland Printing Company Ltd v Leyprint Ltd [2010] EWHC 2105 (Ch) (11 August 2010)

High Court (Family Division)

Warwickshire County Council v TE & Ors [2010] EWHC B19 (Fam) (11 August 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 11th, 2010 in law reports by sally

High Court (Chancery Division)

CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094 (Ch) (10 August 2010)

High Court (Administrative Court)

Celtic Energy Ltd, R (on the application of) v The Welsh Ministers [2010] EWHC 2095 (Admin) (29 July 2010)

High Court (Technology and Construction Court)

Aedifice Partnership Ltd v Shah [2010] EWHC 2106 (TCC) (10 August 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 10th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gojra & Anor, R v [2010] EWCA Crim 1939 (06 August 2010)

Court of Appeal (Civil Division)

Lockheed Martin Corp v Willis Group Ltd [2010] EWCA Civ 927 (30 July 2010)

Source: www.bailii.org

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Posted August 10th, 2010 in charterparties, damages, expenses, law reports, shipping law, tribunals by sally

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 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 (PM) v Hertfordshire County Council – WLR Daily

Posted August 10th, 2010 in asylum, children, law reports, local government, tribunals by sally

R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229

“A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. Such a finding was not a judgment in rem nor otherwise binding in law on the local authority, or on other strangers to the asylum and immigration appeal.”

WLR Daily, 6th August 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 v Geary – WLR Daily

Posted August 10th, 2010 in appeals, divorce, law reports, proceeds of crime by sally

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 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 August 9th, 2010 in law reports by sally

High Court (Chancery Division)

HMRC v Portsmouth City Football Club Ltd & Ors [2010] EWHC 2013 (Ch) (05 August 2010)

High Court (Administrative Court)

Chauhan v General Medical Council [2009] EWHC 2093 (Admin) (06 August 2010)

Source: www.bailii.org

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 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.

Health & Safety Executive v Wolverhampton City Council and another – WLR Daily

Posted August 9th, 2010 in appeals, compensation, health & safety, law reports, local government, planning by sally

Health & Safety Executive v Wolverhampton City Council and another [2010] EWCA Civ 892; [2010] WLR (D) 224

“A material consideration for a local planning authority when deciding whether to revoke or modify the grant of planning permission under s 97 of the Town and Country Planning Act 1990 was the authority’s liability to pay compensation under s 107 of the Act.”

WLR Daily, 4th August 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.

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others – WLR Daily

Posted August 9th, 2010 in debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2010] EWHC 2005 (Ch); [2010] WLR (D) 223

“The requirement in s 123(2) of the Insolvency Act 1986 to ‘[take] into account [the company’s] contingent and prospective liabilities’ when determining whether the value of the company’s assets was less than the amount of its liabilities could not require such liabilities to be aggregated at their face value with debts presently due, nor require the conversion of prospective liabilities denominated in some currency other than sterling into sterling at the present spot rate.”

WLR Daily, 3rd August 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 August 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Varsani, R. v [2010] EWCA Crim 1938 (05 August 2010)

High Court (Queen’s Bench Division)

Dee v Telegraph Media Group Ltd [2010] EWHC 1939 (QB) (28 July 2010)

Drake v Starkey [2010] EWHC 2004 (QB) (05 August 2010)

High Court (Administrative Court)

TR v Asylum and Immigration Tribunal [2010] EWHC 2055 (Admin) (05 August 2010)

Jisha v Secretary of State for the Home Department [2010] EWHC 2043 (Admin) (05 August 2010)

High Court (Commercial Court)

Bank of Ireland v Pexxnet Ltd. Maxximmo AG & Ors [2010] EWHC 1872 (Comm) (22 July 2010)

High Court (Patents Court)

Dyson Ltd v Vax Ltd [2010] EWHC 1923 (Pat) (29 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 4th, 2010 in law reports by sally

High Court (Chancery Division)

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010)

English v English & Anor [2010] EWHC 2058 (Ch) (03 August 2010)

Aerostar Maintenance International Ltd & Anor v Wilson & Ors [2010] EWHC 2032 (Ch) (30 July 2010)

Sands & Anor v Monem & Ors [2010] EWHC 1972 (Ch) (30 July 2010)

Re Halliwells LLP & Ors [2010] EWHC 2036 (Ch) (30 July 2010)

Experience Hendrix Llc & Anor v Times Newspapers Ltd [2010] EWHC 1986 (Ch) (30 July 2010)

Abbey Forwarding Ltd v Hone & Ors [2010] EWHC 2029 (Ch) (30 July 2010)

Helden v StratHMore Ltd [2010] EWHC 2012 (Ch) (30 July 2010)

Roadside Group Ltd v Zara Commercial Ltd [2010] EWHC 1950 (Ch) (30 July 2010)

Ashcroft v Barnsdale & Ors [2010] EWHC 1948 (Ch) (30 July 2010)

Daventry District Council v Daventry & District Housing Ltd [201] EWHC 1935 (Ch) (30 July 2010)

BNY Corporate Trustee Services Ltd v Eurosail- UK 2007- 3BL Plc & Ors [2010] EWHC 2005 (Ch) (30 July 2010)

BDW Trading Ltd (t/a Barratt North London) v JM Rowe (Investments) Ltd [2010] EWHC 1987 (Ch) (30 July 2010)

Specsavers International Healthcare Ltd. & Ors v Asda Stores Ltd. [2010] EWHC 2035 (Ch) (30 July 2010)

Hay v Szterbin & Ors [2010] EWHC 1967 (Ch) (29 July 2010)

Conex Banninger Ltd v The European Commission [2010] EWHC 1978 (Ch) (29 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 4th, 2010 in law reports by sally

Court of Appeal (Civil Division)

CRC Credit Fund Ltd & Ors v GLG Investments Plc (Sub-Fund: European Equity Fund) & Ors [2010] EWCA Civ 917 (02 August 2010)

TM (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 916 (30 July 2010)

Sheffield City Council v Wall (Personal Representatives of) & Ors [2010] EWCA Civ 922 (30 July 2010)

ZA (Nigeria) & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 926 (30 July 2010)

Westlaw Services Ltd & Anor v Boddy [2010] EWCA Civ 929 (30 July 2010)

GB Gas Holdings Ltd v Accenture (UK) Ltd & Ors [2010] EWCA Civ 912 (30 July 2010)

Rubin & Anor (Joint Receivers and Managers of the Consumers Trust) v Eurofinance SA & Ors [2010] EWCA Civ 895 (30 July 2010)

Friends of Hethel Ltd, R (on the application of) v South Norfolk District Council & Anor [2010] EWCA Civ 894 (30 July 2010)

Stockler v Revenue and Customs [2010] EWCA Civ 893 (30 July 2010)

St Christopher’s Fellowship v Walters-Ennis [2010] EWCA Civ 921 (30 July 2010)

The Health & Safety Executive v Wolverhampton City Council & Anor [2010] EWCA Civ 892 (30 July 2010)

John Wilkins (Motor Engineers) Ltd & Ors v Revenue & Customs [2010] EWCA Civ 923 (30 July 2010)

Diageo North America Inc & Anor v Intercontinental Brands (ICB) Ltd & Ors [2010] EWCA Civ 920 (30 July 2010)

Court of Appeal (Criminal Division)

Davies, R v [2010] EWCA Crim 1923 (04 August 2010)

SH, R. v [2010] EWCA Crim 1931 (03 August 2010)

Whitehouse, R. v [2010] EWCA Crim 1927 (30 July 2010)

Chaytor & Ors, R v [2010] EWCA Crim 1910 (30 July 2010)

Geary, R v [2010] EWCA Crim 1925 (30 July 2010)

Saint, R v [2010] EWCA Crim 1924 (30 July 2010)

Source: www.bailii.org

Stockler v Revenue and Customs Comrs – WLR Daily

Posted August 4th, 2010 in appeals, income tax, law reports, part 36 offers, penalties by sally

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 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.

Sheffield City Council v Wall and others – WLR Daily

Posted August 3rd, 2010 in appeals, fostering, housing, law reports, local government by sally

Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221

“The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985.”

WLR Daily, 2nd  August 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 v Rochford – WLR Daily

Posted August 3rd, 2010 in law reports by sally

R v Rochford; [2010] WLR (D) 220

“A failure by a defendant to comply with the requirements of ss 5(5) and 6A of the Criminal Procedure and Investigations Act 1996 to provide a defence statement containing the general nature of his defence, did not constitute a contempt of court and was only punishable with sanctions specified in s 11 of the 1996 Act, of a court or other party being permitted to make comment on that failure, or the court or jury being permitted to drawing inferences as to guilt. A defendant was not required by s 6A of the 1996 Act to disclose confidential discussions with his lawyer or to incriminate himself.”

WLR Daily, 2nd  August 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 v Ahmed – WLR Daily

Posted August 3rd, 2010 in abortion, appeals, crime, law reports by sally

R v Ahmed; [2010] WLR (D) 219

“The act of procuring the miscarriage of a woman’s child did not, by itself, amount to an offence known to English law. Where a defendant was charged with an offence of supplying or procuring any instrument or thing, knowing that it was intended to be unlawfully used or employed with intent to procure the miscarriage of a woman, the ‘thing’ supplied or procured had to be some sort of article or object and could not include a medical procedure. ‘Procure’ of the instrument or thing did not include the taking of possession of or use of an instrument or thing by a third person.”

WLR Daily, 2nd  August 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 August 3rd, 2010 in appeals, expenses, false accounting, law reports, parliamentary privilege by sally

Regina v Chaytor and others; 2010] EWCA Crim 1910; [2010] WLR (D) 218

“Parliamentary privilege or immunity from criminal prosecution did not attach, and never had attached, to ordinary criminal activities by members of Parliament.”

WLR Daily, 2nd  August 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.

Hoist UK Ltd v Reid Lifting Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, costs, law reports by sally

Hoist UK Ltd v Reid Lifting Ltd; [2010] EWHC 1922 (Ch); [2010] WLR (D) 215

“CPR r 38.5(3) should be construed as meaning that discontinuance did not affect any proceedings to deal with any question of costs, whether or not such proceedings had already been commenced at the date of discontinuance.”

WLR Daily, 30th July 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.

Leo Pharma A/S and another v Sandoz Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, law reports by sally

Leo Pharma A/S and another v Sandoz Ltd; [2010] EWHC 1911 (Pat); [2010] WLR (D) 214

“A sealed court order which had been drawn up and agreed by the parties at the request of the court could not be corrected under the slip rule contained in CPR 40.12(1) unless it had an unintended effect which was inconsistent with the intention of the court.”

WLR Daily, 30th July 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.