Category: law reports

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.

A v East Sussex County Council and another – WLR Daily

Posted July 8th, 2010 in appeals, children, compensation, law reports, local government by sally

A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171

“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”

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.

BAILII: Recent Decisions

Posted July 7th, 2010 in law reports by sally

High Court (Chancery Division)

Kotonou v National Westminster Bank Plc [2010] EWHC 1659 (Ch) (05 July 2010)

High Court (Technology and Construction Court)

Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC) (25 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

McCluskey v R. [2010] EWCA Crim 1197 (06 July 2010)

Winter & Anor v R. [2010] EWCA Crim 1474 (06 July 2010)

Martin v R. [2010] EWCA Crim 1450 (06 July 2010)

Court of Appeal (Civil Division)

AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773 (06 July 2010)

ENE 1 Kos Ltd. v Petroleo Brasileiro SA [2010] EWCA Civ 772 (06 July 2010)

High Court (Queen’s Bench Division)

Horth v Thompson [2010] EWHC 1674 (QB) (06 July 2010)

High Court (Chancery Division)

Hildron Finance Ltd v Sunley Holdings Ltd [2010] EWHC 1681 (Ch) (06 July 2010)

High Court (Technology and Construction Court)

Gunn & Anor (t/a Chipperfield Garden Machinery) v Taygroup Ltd [2010] EWHC 1665 (TCC) (06 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Thakrar & Anor v R. [2010] EWCA Crim 1505 (05 July 2010)

Alagaratnam v R. [2010] EWCA Crim 1506 (05 July 2010)

High Court (Queen’s Bench)

Henderson v London Borough of Hackney & Anor [2010] EWHC 1651 (QB) (05 July 2010)

High Court (Chancery Division)

Agrimarche Ltd, Re [2010] EWHC 1655 (Ch) (05 July 2010)

High Court (Administrative Court)

Tous, R (on the application of) v District Court In Nymburk – Czech Republic [2010] EWHC 1556 (Admin) (15 June 2010)

Tile Wise Ltd v South Somerset District Council [2010] EWHC 1618 (Admin) (17 June 2010)

Source: www.bailii.org

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Posted July 6th, 2010 in appeals, housing, judicial review, law reports, local government by sally

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th 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.

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Posted July 5th, 2010 in appeals, contract of employment, employment, equal pay, hospitals, law reports, sex discrimination by sally

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd 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.

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd – WLR Daily

Posted July 5th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748; [2010] WLR (D) 168

“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”

WLR Daily, 2nd 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.

Metropolitan Housing Trust v Hadjazi – WLR Daily

Posted July 5th, 2010 in appeals, domestic violence, housing, law reports, repossession by sally

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd 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 3rd, 2010 in law reports by sally

Court of Appeal (Civil Division)

A v East Sussex County Council & Ors [2010] EWCA Civ 743 (02 July 2010)

High Court (Chancery Division)

Silkstone & Anor v Tatnall [2010] EWHC 1627 (Ch) (02 July 2010)

High Court (Queen’s Bench Division)

North Somerset District Council v Honda Motor Europe Ltd & Ors [2010] EWHC 1505 (QB) (02 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 2nd, 2010 in law reports by sally

High Court (Family Division)

HM (An Adult), PM v KH & Anor [2010] EWHC 1579 (Fam) (24 June 2010)

Source: www.bailii.org

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Posted July 2nd, 2010 in appeals, EC law, enforcement, law reports, legislation, video recordings by sally

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st 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.

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 2nd, 2010 in armed forces, human rights, inquests, jurisdiction, law reports, Supreme Court by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st 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 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Lashari, R v [2010] EWCA Crim 1504 (01 July 2010)

Simms & Anor v R. [2010] EWCA Crim 1449 (01 July 2010)

Court of Appeal (Civil Division)

Day & Anor v Hosebay Ltd [2010] EWCA Civ 748 (01 July 2010)

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750 (01 July 2010)

Medtronic Corevalve Llc v Edwards Lifesciences AG & Anor [2010] EWCA Civ 704 (30 June 2010)

High Court (Queen’s Bench Division)

Wright v Gregson & Ors [2010] EWHC 1629 (QB) (01 July 2010)

High Court (Chancery Division)

Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd & Ors [2010] EWHC 1614 (Ch) (30 June 2010)

High Court (Commercial Court)

B v A [2010] EWHC 1626 (Comm) (01 July 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 1st, 2010 in law reports by sally

High Court (Queen’s Bench Division)

The Mayor of London v Hall & Ors [2010] EWHC 1613 (QB) (29 June 2010)

High Court (Chancery Division)

Dominion Corporate Trustees Ltd& Anor v Capmark Bank Europe Plc [2010] EWHC 1605 (Ch) (29 June 2010)

The PNPF Trust Company Ltd v Taylor & Ors [2010] EWHC 1573 (Ch) (28 June 2010)

High Court (Administrative Court)

Tesco Stores Ltd v Secretary of State for Communities and Local Government [2010] EWHC 1581 (Admin) (29 June 2010)

Source: www.bailii.org

Regina (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Posted July 1st, 2010 in law reports, prisons, release on licence, sentencing, Supreme Court by sally

Regina (Noone) v Governor of HMP Drake Hall and another [2010] UKSC 30; [2010] WLR (D) 164

“The release provisions of the Criminal Justice Act 1991 applied to sentences of under 12 months’ imprisonment, unless they were imposed concurrently or consecutively with sentences of 12 months or over, in which case the provisions of the Criminal Justice Act 2003 applied.”

WLR Daily, 30th June 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.

Fiddes v Channel Four Television Corporation and others – WLR Daily

Posted July 1st, 2010 in appeals, defamation, juries, law reports, media, trial without jury by sally

Fiddes v Channel Four Television Corporation and others [2010] EWCA Civ 730; [2010] WLR (D) 163

“Observations on the applicable principles as to whether there should be a trial by jury or trial by judge alone in a libel action were made by the Court of Appeal.”

WLR Daily, 30th June 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.

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

Posted July 1st, 2010 in armed forces, human rights, law reports, Supreme Court by sally

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk