Category: law reports

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

BAILII: Recent Decisions

Posted July 28th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Dunn v R. [2010] EWCA Crim 1823 (27 July 2010)

FB v R. [2010] EWCA Crim 1857 (27 July 2010)

Court of Appeal (Civil Division)

Pennock & Anor v Hodgson [2010] EWCA Civ 873 (27 July 2010)

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887 (27 July 2010)

Bhatt v Fontain Motors Ltd. [2010] EWCA Civ 863 (27 July 2010)

Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868 (27 July 2010)

Steward v Gallop & Anor [2010] EWCA Civ 823 (27 July 2010)

High Court (Queen’s Bench Division)

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

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) (15 July 2010)

High Court (Chancery Division)

Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd & Anor [2010] EWHC 1805 (Ch) (27 July 2010)

Youlton v Charles Russell (a firm) [2010] EWHC 1918 (Ch) (27 July 2010)

High Court (Family Division)

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

High Court (Patents Court)

Leo Pharma A/S & Anor v Sandoz Ltd [2010] EWHC 1911 (Pat) (27 July 2010)

Source: www.bailii.org

Regina (Cart) v Upper Tribunal (Public Law Project intervening) – WLR Daily

Posted July 27th, 2010 in appeals, judicial review, law reports, tribunals by sally

Regina (Cart) v Upper Tribunal (Public Law Project intervening) [2010] EWCA Civ 859; [2010] WLR (D) 198

“The Upper Tribunal, while subject to the supervisory jurisdiction of the High Court, was not amenable to judicial review to correct an error of law made in the course of an adjudication which the tribunal was authorised to make.”

WLR Daily, 26th 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.

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others – WLR Daily

Posted July 27th, 2010 in appeals, company law, competition, EC law, jurisdiction, law reports by sally

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864; [2010] WLR (D) 199

“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”

WLR Daily, 26th 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 26th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gnango, R v [2010] EWCA Crim 1691 (26 July 2010)

High Court (Queen’s Bench Division)

LK v Sandwell & West Birmingham Hospitals NHS Trust [2010] EWHC 1928 (QB) (15 July 2010)

High Court (Administrative Court)

Wood v Director of Public Prosecutions [2010] EWHC 1769 (Admin) (30 June 2010)

Nursing and Midwifery Council v Okon- Burgess [2010] EWHC 1816 (Admin) (05 July 2010)

Medical Justice, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) (26 July 2010)

High Court (Commercial Court)

Berezovsky & Anor v Edmiston & Company Ltd & Anor [2010] EWHC 1883 (Comm) (26 July 2010)

High Court (Patents Court)

Abbott Laboratories Ltd v Medinol Ltd [2010] EWHC 1731 (Pat) (01 July 2010)

Source: www.bailii.org<

BAILII: Recent Decisions

Posted July 26th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

J, S, M v R. [2010] EWCA Crim 1755 (23 July 2010)

High Court (Chancery Division)

Luxe Holding Ltd v Midland Resources Holding Ltd [2010] EWHC 1908 (Ch) (23 July 2010)

High Court (Queen’s Bench Division)

Kaschke v Gray & Anor [2010] EWHC 1907 (QB) (23 July 2010)

High Court (Technology and Construction Court)

Shaw & Anor v MFP Foundations and Pilings Ltd [2010] EWHC 1839 (TCC) (23 July 2010)

HOW Engineering Services Ltd v Southern Insulation (Medway) Ltd [2010] EWHC 1878 (TCC) (23 July 2010)

Source: www.bailii.org

Rymer v Director of Public Prosecutions – WLR Daily

Posted July 26th, 2010 in criminal procedure, law reports, pleadings, road traffic offences by sally

Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin); [2010] WLR (D) 197

“A defendant who had pleaded guilty by post in response to a written charge in respect of summary offences and who had been convicted by the justices in his absence pursuant to s 12(4) of the Magistrates’ Court Act 1980 did not have an automatic right to change his plea at a resumed hearing after the case had been adjourned for sentencing pursuant to s 12(5) of the 1980 Act.”

WLR Daily, 22nd 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.

In re Perrins, deceased; Perrins v Holland and others – WLR Daily

Posted July 26th, 2010 in appeals, law reports, mental health, wills by sally

In re Perrins, deceased; Perrins v Holland and others [2010] EWCA Civ 840; [2010] WLR (D) 196

“In a case where a testator had testamentary capacity when he gave instructions for his will, the will as drafted embodied those instructions and when the testator executed his will a year later his testamentary wishes remained unchanged although he was no longer of full testamentary capacity, the principle in Parker v Felgate (1883) LR 8 PD 171, namely that it was not necessary to prove knowledge and approval of a will provided that (a) the testator believed that it gave effect to his instructions and (b) that it did in fact do so, applied.”

WLR Daily, 22nd 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 summay is removed.

Mayor of London (on behalf of the Greater London Authority) v Hall and others – WLR Daily

Posted July 23rd, 2010 in appeals, demonstrations, injunctions, law reports, London, trespass by sally

Mayor of London (on behalf of the Greater London Authority) v Hall and others [2010] EWCA Civ 817; [2010] WLR (D) 195

“The Mayor of London was entitled to an order for possession and an injunction against a number of defendants requiring them to leave a square opposite Parliament, even though title to the land was vested in the Crown, since it was implicit in ss 384 and 385 of the Greater London Authority Act 1999, which gave the Mayor complete control and regulation of the square, that the Mayor had the right to seek a possession order.”

WLR Daily, 19th July 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.

Regina v A and others – WLR Daily

Posted July 23rd, 2010 in accomplices, appeals, joint enterprise, jury directions, law reports, murder by sally

Regina v A and others [2010] EWCA Crim 1622; [2010] WLR (D) 194

“Where a murder was committed by a number of defendants acting together recent authority did not establish that the secondary party’s foresight of the principal’s intention was never relevant.”

WLR Daily, 19th July 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 July 23rd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Messih v McMillan Williams & Ors [2010] EWCA Civ 844 (22 July 2010)

Hajigeorgiu v Vasiliou [2010] EWCA Civ 820 (22 July 2010)

High Court (Commercial Court)

Kneale v Barclays Bank Plc (t/a Barclaycard) [2010] EWHC 1900 (Comm) (23 July 2010)

High Court (Queen’s Bench Division)

Knott v Leading [2010] EWHC 1827 (QB) (22 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 22nd, 2010 in law reports by sally

Supreme Court

RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh & Company KG (UK Production) Order & Costs [2010] UKSC 38 (21 July 2010)

High Court (Technology and Construction Court)

Network Rail Infrastructure Ltd v Conarken Group Ltd [2010] EWHC 1852 (TCC) (21 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 21st, 2010 in law reports by sally

Court of Appeal (Civil Division)

McGahon v Crest Nicholson Regeneration Ltd [2010] EWCA Civ 842 (21 July 2010)

High Court (Queen’s Bench)

Vickers v London Fire & Emergency Planning Authority [2010] EWHC 1855 (QB) (21 July 2010)

McCandless Aircraft LC v Payne & Anor [2010] EWHC 1835 (QB) (21 July 2010)

High Court (Administrative Court)

Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin) (21 July 2010)

High Court (Family Division)

Weiner v Weiner [2010] EWHC 1843 (Fam) (15 July 2010)

High Court (Commercial Court)

Royal & Sun Alliance Insurance Plc & Ors v Rolls-Royce Plc [2010] EWHC 1869 (Comm) (21 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 21st, 2010 in law reports by sally

Court of Appeal (Civil Division)

Area Estates Ltd. v Weir [2010] EWCA Civ 801 (20 July 2010)

Hutchings v Parker [2010] EWCA Civ 775 (20 July 2010)

High Court (Commercial Court)

GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm) (20 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 20th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gaviria v R [2010] EWCA Crim 1693 (19 July 2010)

High Court (Chancery Division)

Sethi v Patel & Anor [2010] EWHC 1830 (Ch) (19 July 2010)

Source: www.bailii.org

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily

Posted July 20th, 2010 in DNA, fingerprints, human rights, law reports, police, precedent by sally

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193

“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”

WLR Daily, 19th July 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.

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted July 20th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192

“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”

WLR Daily, 19th 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.

Mond and another v MBNA Europe Bank Ltd – WLR Daily

Posted July 19th, 2010 in banking, debts, individual voluntary arrangements, insolvency, law reports by sally

Mond and another v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch); [2010] WLR (D) 190

“Clause 13.2 of the IVA Protocol, as well as clause 13.1, should not be construed as permitting a creditor bound by the Protocol to vote against an individual voluntary arrangement (‘IVA’) proposal only if he has good reason to do so.”

WLR Daily, 16th 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.