Category: law reports

Stockton on Tees Borough Council v Aylott – WLR Daily

Posted August 3rd, 2010 in appeals, disability discrimination, employment, law reports, local government, mental health by sally

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

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.

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

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 2nd, 2010 in law reports by sally

High Court (Chancery Division)

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

High Court (Queen’s Bench Division)

XA v YA [2010] EWHC 1983 (QB) (30 July 2010)

Source: www.bailii.org

Regina v B (F); Same v P (A); Same v C (J) – WLR Daily

Posted August 2nd, 2010 in case management, criminal procedure, indictments, law reports by sally

Regina v B (F); Same v P (A); Same v C (J) [2010] EWCA Crim 1857; [2010] WLR (D) 21

“A judge sitting in the Crown Court had no power to quash an indictment simply because he did not believe that the proceedings were appropriately brought or were not in the public interest when compared with his assessment of the needs of other cases and that had not changed as a result of the introduction of the Criminal Procedure Rules 2010.”

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.

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening)

Posted August 2nd, 2010 in electoral register, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2010] UKSC 40; [2010] WLR (D) 211

“Where the Electoral Commission brought forfeiture proceedings under the Political Parties, Elections and Referendums Act 2000 against a registered political party in respect of its acceptance of an impermissible donation the court had a discretionary power under s 58(2) to order partial forfeiture of the value of the donation if, in the particular circumstances, it was proportionate to do so.”

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.

Regina v Rollins – WLR Daily

Posted August 2nd, 2010 in financial regulation, insider dealing, law reports, money laundering, Supreme Court by sally

Regina v Rollins [2010] UKSC 39; [2010] WLR (D) 210

“The power of the Financial Services Authority to institute criminal proceedings was not limited to the offences referred to in ss 401 and 402 of the Financial Services and Markets Act 2000; in particular the FSA had power to prosecute offences of money laundering under ss 327 and 328 of the Proceeds of Crime Act 2002.”

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.

Serious Organised Crime Agency v Perry – WLR Daily

Posted August 2nd, 2010 in appeals, extraterritoriality, law reports, notification, proceeds of crime by sally

Serious Organised Crime Agency v Perry [2010] EWCA Civ 907; [2010] WLR (D) 213

“An information notice served on the London address of persons not in the United Kingdom at the time of service was validly served for the purposes of recovery proceedings under the Proceeds of Crime Act 2002.”

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.

BAILII: Recent Decisions

Posted July 30th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Midcounties Co-Operative Ltd, R (on the application of) v Tesco Stores Ltd & Ors [2010] EWCA Civ 841 (29 July 2010)

Tchenguiz & Ors v Imerman [2010] EWCA Civ 908 (29 July 2010)

Aylott v Stockton- On- Tees Borough Council [2010] EWCA Civ 910 (29 July 2010)

GR & Ors (Children), Re [2010] EWCA Civ 871 (29 July 2010)

W (Algeria) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 898 (29 July 2010)

City & General (Holborn) Ltd v Royal & Sun Alliance Plc [2010] EWCA Civ 911 (29 July 2010)

John- Charles v Weir & Anor [2010] EWCA Civ 872 (29 July 2010)

Harvey v Plymouth City Council (Rev 1) [2010] EWCA Civ 860 (29 July 2010)

New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870 (29 July 2010)

Barratt Developments Plc v The City of Wakefield Metropolitan District Council & Anor [2010] EWCA Civ 897 (29 July 2010)

Serious Organised Crime Agency v Perry & Ors [2010] EWCA Civ 907 (29 July 2010)

Batista v Secretary of State for the Home Dept [2010] EWCA Civ 896 (29 July 2010)

Court of Appeal (Criminal Division)

Patel & Ors v R. [2010] EWCA Crim 1858 (29 July 2010)

High Court (Chancery Division)

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

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

High Court (Commercial Court)

Axa Corporate Solutions SA v National Westminster Bank Plc [2010] EWHC 1915 (Comm) (29 July 2010)

High Court (Family Division)

RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

Butt v Butt [2010] EWHC 1989 (Fam) (27 July 2010)

High Court (Queen’s Bench Division)

Khan, Re Setting the Applicant’s Minimum Term [2010] EWHC 1880 (QB) (28 July 2010)

Green, Re Setting the Applicant’s Minimum Term [2010] EWHC 1881 (QB) (28 July 2010)

HA & Anor v Secretary of State for the Home Department [2010] EWHC 1940 (QB) (28 July 2010)

Crookshank, Re Setting the Applicant’s Minimum Term [2010] EWHC 1879 (QB) (28 July 2010)

Homawoo v GMF Assurance SA & Ors [2010] EWHC 1941 (QB) (27 July 2010)

High Court (Technology and Construction Court)

PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1981 (TCC) (29 July 2010)

Source: www.bailii.org

Mageean v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 30th, 2010 in environmental protection, law reports, planning by sally

Mageean v Secretary of State for Communities and Local Government and others [2010] WLR (D) 209

 “The validity of a screening direction made by the Secretary of State under reg 6 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 is not limited to two years but a planning inspector should refer the matter back to the Secretary of State where there has been a change of circumstance which could affect the decision.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted July 30th, 2010 in appeals, children, homelessness, housing, immigration, law reports, local government by sally

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Dunn – WLR daily

Posted July 30th, 2010 in appeals, law reports, Supreme Court, trials by sally

Regina v Dunn [2010] EWCA Crim 1823; [2010] WLR (D) 207

“The fact that an appeal from the Court of Appeal, Criminal Division only lay to the Supreme Court if the Court of Appeal certified that a point of law of general public importance was involved in its decision did not amount to a denial of the essence of an appellant’s right of access to the Supreme Court and was not incompatible with articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted July 30th, 2010 in age discrimination, appeals, law firms, law reports, retirement, solicitors by sally

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AF (No 4); Same v AN; Same v AE – WLR Daily

Posted July 30th, 2010 in appeals, control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF (No 4);  Same v AN; Same v AE [2010] EWCA Civ 869; [2010] WLR (D) 205

“Control orders which the Secretary of State for the Home Department revoked rather than disclose the evidence on which they were made should have been quashed with effect from the dates they were made, because they were made in violation of the right to a fair trial under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted July 29th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Seldon v Clarkson Wright & Jakes (A Partnership) [2010] EWCA Civ 899 (28 July 2010)

High Court (Queen’s Bench Division)

Kang v Eau [2010] EWHC 1837 (QB) (27 July 2010)

Sternlight v Barclays Bank Plc [2010] EWHC 1865 (QB) (22 July 2010)

Black Horse Ltd v Speak & Anor [2010] EWHC 1866 (QB) (21 July 2010)

High Court (Family Division)

Butt v Butt [2010] EWHC 1989 (Fam) (27 July 2010)

Source: www.bailii.org

Bocardo SA v Star Energy UK Onshore Ltd and another – WLR Daily

Posted July 29th, 2010 in compensation, damages, law reports, oil wells, Supreme Court, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and another [2010] UKSC 35; [2010] WLR (D) 204

“Damages for trespass occasioned by an oil company drilling underneath another party’s land were to be assessed on the basis that the right to drill for oil was a compulsory acquisition under statute and, therefore, any additional value of the right of access attributable to the oil extraction scheme was to be disregarded.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Posted July 29th, 2010 in asylum, employment, law reports, Supreme Court by sally

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th 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.

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Posted July 29th, 2010 in electricity, law reports, negligence, Supreme Court, vicarious liability by sally

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th 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.

Regina v Gnango – WLR Daily

Posted July 29th, 2010 in affray, appeals, joint enterprise, law reports, murder by sally

Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201

“Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint enterprise in the commission of the affray, and accordingly the defendant could not be guilty of the murder of the passer-by by transferred malice on the basis of joint enterprise.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Posted July 29th, 2010 in appeals, law reports, local government, regulations, statutory interpretation, water companies by sally

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th 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.

BAILII: Recent Decisions

Posted July 28th, 2010 in law reports by sally

Supreme Court

Morrison Sports Ltd & Ors v Scottish Power [2010] UKSC 37 (28 July 2010)

Star Energy Weald Basin Ltd & Anor v Bocardo SA [2010] UKSC 35 (28 July 2010)

O’ Brien v Ministry of Justice [2010] UKSC 34 (28 July 2010)

ZO (Somalia) & Ors, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 36 (28 July 2010)

Rollins, R v [2010] UKSC 39 (28 July 2010)

Court of Appeal (Civil Division)

Stablewood Properties Ltd v Amrit Virdi & Anor [2010] EWCA Civ 865 (28 July 2010)

HM Revenue & Customs v Banerjee [2010] EWCA Civ 843 (28 July 2010)

Schlumberger Holdings Ltd v Electromagnetic Geoservices AS [2010] EWCA Civ 819 (28 July 2010)

Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909 (28 July 2010)

AN v Secretary of State for the Home Department [2010] EWCA Civ 869 (28 July 2010)

High Court (Queen’s Bench Division)

Osteopathic Education and Research Ltd (t/a European School of Osteopathy) v Purfleet Office Systems Ltd [2010] EWHC 1801 (QB) (26 July 2010)

Crookshank, Re Setting the Applicant’s Minimum Term [2010] EWHC 1879 (QB) (28 July 2010)

Khan, Re Setting the Applicant’s Minimum Term [2010] EWHC 1880 (QB) (28 July 2010)

HA & Anor v Secretary of State for the Home Department [2010] EWHC 1940 (QB) (28 July 2010)

Green, Re Setting the Applicant’s Minimum Term [2010] EWHC 1881 (QB) (28 July 2010)

High Court (Chancery Division)

Trimast Holding Sarl v Tele Columbus GmbH [2010] EWHC 1944 (Ch) (28 July 2010)

Nintendo Company Ltd & Anor v Playables Ltd & Anor [2010] EWHC 1932 (Ch) (28 July 2010)

High Court (Administrative Court)

Secretary of State for the Home Department v AY [2010] EWHC 1860 (Admin) (26 July 2010)

Source: www.bailii.org