Category: law reports

A v Essex County Council – WLR Daily

Posted July 16th, 2010 in disabled persons, human rights, law reports, school admissions, special educational needs by sally

A v Essex County Council; [2010] UKSC 33; [2010] WLR (D) 184

“A local education authority which took 18 months to secure a place at one of the few specialist schools which was equipped to cope with a severely disabled child with special education needs, during which time he was unable to attend school at all, had not, by taking so much time, denied the child’s right to education contrary to art 2 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th 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 Thompson, Regina v Crawford, Regina v Gomulu, Regina v Allen, Regina v Blake, Regina v Kasunga – WLR Daily

Posted July 16th, 2010 in internet, juries, law reports, verdicts by sally

Regina v Thompson, Regina v Crawford, Regina v Gomulu, Regina v Allen, Regina v Blake, Regina v Kasunga; [2010] EWCA Crim 1623; [2010] WLR (D) 183

“The collective responsibility of the jury was not confined to the verdict. It began as soon as the members of the jury had been sworn. From that moment onwards, there was a collective responsibility for ensuring that the conduct of each member was consistent with the jury oath and that the directions of the trial judge about the discharge of their responsibilities were followed.”

WLR Daily, 15th 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.

Franks and another v Bedward and another – WLR Daily

Posted July 16th, 2010 in land registration, law reports by sally

Franks and another v Bedward and another; [2010] EWHC 1650 (Ch); [2010] WLR (D) 181

“Where an application for registration of title to land was ordered to be cancelled by the adjudicator, and the applicant subsequently succeeded in an appeal in circumstances where the order for cancellation was not protected by a stay, the court could direct the re-entry on the day list of the registration application with its original entry date.”

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

Court of Appeal (Civil Division)

Hall & Ors v Mayor of London (On Behalf of the Greater London Authority) [2010] EWCA Civ 817 (16 July 2010)

High Court (Administrative Court)

Mousa & Ors v Secretary of State for Defence & Anor [2010] EWHC 1823 (Admin) (16 July 2010)

High Court (Commercial Court)

Louis Dreyfus Commodities Kenya Ltd v Bolster Shipping Company Ltd [2010] EWHC 1732 (Comm) (14 July 2010)

High Court (Patents Court)

Yeda Research and Development Company Ltd v Comptroller General of Patents [2010] EWHC 1733 (Pat) (12 July 2010)

High Court (Queen’s Bench Division)

Coonan (Formerly Sutcliffe), R v [2010] EWHC 1741 (QB) (16 July 2010)

Source: www.bailii.org

Al-Jedda v Secretary of State for Defence – WLR Daily

Posted July 16th, 2010 in appeals, armed forces, detention, human rights, Iraq, judges, law reports by sally

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th 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 (Gaunt) v Ofcom (Liberty intervening) – WLR Daily

Posted July 16th, 2010 in freedom of expression, law reports, media, ombudsmen, standards by sally

Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180

“It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or justification, notwithstanding that the finding might inhibit the broadcaster’s unrestrained freedom to conduct similar interviews in the future.”

WLR Daily, 14th 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 Gale and another – WLR Daily

Posted July 16th, 2010 in appeals, assets recovery, costs, cross-claims, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179

“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”

WLR Daily, 13th 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 15th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2010] EWCA Civ 809 (14 July 2010)

Autofocus Ltd v Accident Exchange Ltd [2010] EWCA Civ 788 (14 July 2010)

Quinn Direct Insurance Ltd v The Law Society of England and Wales [2010] EWCA Civ 805 (14 July 2010)

Harris v The Registrar of Approved Driving Instructors [2010] EWCA Civ 808 (15 July 2010)

Berrisford v Mexfield Housing Co- Operative Ltd [2010] EWCA Civ 811 (15 July 2010)

Court of Appeal (Criminal Division)

Thompson & Ors v R [2010] EWCA Crim 1623 (14 July 2010)

High Ciurt (Administrative Court)

Connah v Plymouth Hospitals NHS Trust & Ors [2010] EWHC 1727 (Admin) (12 July 2010)

The Prudential Assurance Company Ltd, R (on the application of) v Sunderland City Council & Anor [2010] EWHC 1771 (Admin) (15 July 2010)

High Court (Chancery Division)

Jones v Ricoh UK Ltd [2010] EWHC 1743 (Ch) (14 July 2010)

Kings v Bultitude & Anor [2010] EWHC 1795 (Ch) (15 July 2010)

High Court (Queen’s Bench division)

Butterworth, Re Review of Minimum Term [2010] EWHC 1778 (QB) (15 July 2010)

Ambrosiadou v Coward [2010] EWHC 1794 (QB) (15 July 2010)

Steele, Re Review of Minimum Term [2010] EWHC 1777 (QB) (15 July 2010)

Hopkins, Re Review of Minimum Term [2010] EWHC 1775 (QB) (15 July 2010)

Kular, Re Review of Minimum Term [2010] EWHC 1657 (QB) (15 July 2010)

Manning, Re Review of Minimum Term [2010] EWHC 1776 (QB) (15 July 2010)

Winnett, Re Review of Minimum Term [2010] EWHC 1658 (QB) (15 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 14th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Yetkin v London Borough of Newham [2010] EWCA Civ 776 (13 July 2010)

Badger Trust v The Welsh Ministers [2010] EWCA Civ 807 (13 July 2010)

Ghadami & Anor v Lyon Cole Insurance Group Ltd [2010] EWCA Civ 767 (13 July 2010)

FlooHorridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777 (13 July 2010)

Court of Appeal (Criminal Division)

Willett & Anor v R. [2010] EWCA Crim 1620 (13 July 2010)

High Court (Administrative Court)

Buckinghamshire County Council, R (on the application of) v Kingston Upon Thames [2010] EWHC 1703 (Admin) (12 July 2010)

Moore v Secretary of State for Communities & Local Government & Ors [2010] EWHC 1698 (Admin) (12 July 2010)

High Court (Chancery Division)

Franks & Anor v Bedward & Anor [2010] EWHC 1650 (Ch) (13 July 2010)

High Court (Family Division)

S (A Child), Re [2010] EWHC 1669 (Fam) (25 June 2010)

CF v KM [2010] EWHC 1754 (Fam) (13 July 2010)

High Court (Queen’s Bench division)

Gaunt v OFCOM [2010] EWHC 1756 (QB) (13 July 2010)

High Court (Technology and Construction Court)

Fileturn Ltd v Royal Garden Hotel Ltd [2010] EWHC 1736 (TCC) (13 July 2010)

PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1459 (TCC) (13 July 2010)

Price & Anor v Carter (t/a Ian Carter Building Contractors) [2010] EWHC 1737 (TCC) (13 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

LA v SB & Ors [2010] EWCA Civ 1744 (12 July 2010)

Court of Appeal (Criminal Division)

Ali v R [2010] EWCA Crim 1619 (12 July 2010)

High Court (Patents Court)

Fosroc International Ltd v WR Grace & Co-Conn [2010] EWHC 1702 (Pat) (12 July 2010)

Source: www.bailii.org.uk

BAILII: Recent Decisions

Posted July 12th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Miller v R [2010] EWCA Civ 1578 (09 July 2010)

IT (Sierra Leone) v Secretary of State for the Home Department [2010] EWCA Civ 787 (09 July 2010)

High Court (Administrative Court)

English UK Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1726 (Admin) (09 July 2010)

High Court (Chancery Division)

Airways Aero Associations Ltd v Wycombe District Council [2010] EWHC 1654 (Ch) (09 July 2010)

Herrmann & Anor v The Royal Borough of Kensington & Chelsea & Anor [2010] EWHC 1706 (Ch) (09 July 2010)

Mond & Anor v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch) (09 July 2010)

High Court (Commercial Court)

Persimmon Homes Ltd & Anor v Great Lakes Reinsurance (UK) Plc [2010] EWHC 1705 (Comm) (12 July 2010)

High Court (Patents Court)

Yeda Research and Development Company Ltd v Comptroller General of Patents [2010] EWHC 1733 (Pat) (12 July 2010)

High Court (Queen’s Bench Division)

Amoutzas v Tattersalls Ltd [2010] EWHC 1696 (QB) (07 July 2010)

Source: www.bailii.org

Regina (Raphael) v Highbury Corner Magistrates’ Court and another – WLR Daily

Posted July 12th, 2010 in judicial review, law reports, licensing, statutory interpretation by sally

Regina (Raphael) v Highbury Corner Magistrates’ Court and another [2010] EWHC 1502 (Admin); [2010] WLR (D) 178

“There was no reason to adopt a particularly narrow or restrictive approach to the construction of s 13 of the Interpretation Act 1978 by which statutory powers may be exercised at any time after the passing of an enabling Act in anticipation of the Act or any provision of it coming into force.”

WLR Daily, 9th 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.

Revenue and Customs Commissioners v Smallwood and another – WLR Daily

Posted July 12th, 2010 in appeals, capital gains tax, domicile, double taxation, law reports by sally

Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177

“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”

WLR Daily, 9th 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 Magro and others – WLR Daily

Posted July 12th, 2010 in appeals, law reports, precedent by sally

Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176

“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”

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

Court of Apeal (Civil Division)

Mentmore International Ltd & Ors v Abbey Healthcare (Festival) Ltd & Anor [2010] EWCA Civ 761 (07 July 2010)

Gale & Ors v Serious Organised Crime Agency [2010] EWCA Civ 759 (07 July 2010)

Revenue and Customs v Smallwood & Anor [2010] EWCA Civ 778 (08 July 2010)

London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 (08 July 2010)

Davies & Ors v Pay [2010] EWCA Civ 752 (08 July 2010)

Al Jedda v Secretary of State for Defence [2010] EWCA Civ 758 (08 July 2010)

Court of Appeal (Criminal Division)

Magro, R v [2010] EWCA Crim 1575 (08 July 2010)

Dhillon v R. [2010] EWCA 1577 (Crim) (08 July 2010)

High Court (Administrative Court)

A, R (on the application of) v London Borough of Lambeth [2010] EWHC 1652 (Admin) (07 July 2010)

North Yorkshire Police Authority, R (on the application of) v The Independent Police Complaints Commission [2010] EWHC 1690 (Admin) (08 July 2010)

High Court (Chancery Division)

Capper v Chaney & Anor [2010] EWHC 1704 (Ch) (08 July 2010)

Best Buy Co Inc & Anor v Worldwide Sales Corp. Espana SL [2010] EWHC 1666 (Ch) (08 July 2010)

Source: www.bailii.org.

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another – WLR Daily

Posted July 9th, 2010 in consumer credit, interest, law reports, Supreme Court by sally

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another [2010] UKSC 32; [2010] WLR (D) 175

“A credit broker administration fee and the interest payable on it were properly included in the charge for credit within the meaning of the Credit Consumer Act 1974 and the Consumer Credit (Total Charge for Credit) Regulations 1980, and accordingly, since those items did not form part of the amount of credit as set out in a loan agreement made between parties in 2005, that amount was correctly stated and the agreement was enforceable.”

WLR Daily, 8th 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.

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

Posted July 9th, 2010 in asylum, homosexuality, immigration, law reports, refugees, Supreme Court by sally

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th 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.

ENE Kos 1 Ltd v Petroleo Brasileiro SA – WLR Daily

Posted July 9th, 2010 in appeals, charterparties, expenses, law reports, remuneration by sally

ENE Kos 1 Ltd v Petroleo Brasileiro SA [2010] EWCA Civ 772; [2010] WLR (D) 173

“A shipowner who withdrew his vessel from a charterer’s service for non-payment of hire while cargo was on board the vessel and required the charterer to remove the cargo from the vessel, was not entitled to remuneration, in the absence of accident, emergency or necessity, unless expressly or impliedly agreed. The owner could recover expenses incurred in taking care of the cargo in the course of the operation to discharge it. The owner could claim the cost of maintaining a guarantee on a counterclaim for wrongful withdrawal of the vessel as part of the costs awarded to him in the counterclaim.”

WLR Daily, 8th 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 8th, 2010 in law reports by sally

Supreme Court

Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 (07 July 2010)

HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 (07 July 2010)

Court of Appeal

Gale & Ors v Serious Organised Crime Agency [2010] EWCA Civ 759 (07 July 2010)

Mentmore International Ltd & Ors v Abbey Healthcare (Festival) Ltd & Anor [2010] EWCA Civ 761 (07 July 2010)

High Court (Chancery Division)

Goldfarb v Higgins & Ors [2010] EWHC 1587 (Ch) (07 July 2010)

Tradegro (UK) Ltd v Wigmore Street Investments Ltd & Anor [2010] EWHC 1693 (Ch) (07 July 2010)

Law Society of England & Wales v Isaac & Isaac International Holdings Ltd & Ors [2010] EWHC 1670 (Ch) (07 July 2010)

Pirtek (UK) Ltd v Joinplace Ltd (t/a Pirtek Darlington) & Ors [2010] EWHC 1641 (Ch) (07 July 2010)

High Court (Commercial Court)

Owneast Shipping Ltd v Qatar Navigation QSC [2010] EWHC 1663 (Comm) (07 July 2010)

Source: www.bailii.org

Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 8th, 2010 in appeals, deceit, immigration, law reports by sally

Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172

“Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. The term ‘false representations’ in paras 320(7A)(7B) and 322(1A) of the Immigration Rules should be read as meaning ‘dishonest representations’, though the dishonesty need not be that of the claimant himself.”

WLR Daily, 7th 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.