law reports – Page 230 – Current Awareness

“When exercising the discretionary power to make provision for scales or rates of payments of any costs payable out of central funds to successful defendants in criminal trials pursuant to ss 16(6) and 20 of the Prosecution of Offences Act 1985, as amended, the Lord Chancellor had to base the rules on the principle of compensation taking into account prevailing market rates.”

WLR Daily, 16th 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.

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2010 in appeals, asylum, immigration, law reports, Supreme Court by sally

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

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

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

Posted June 17th, 2010 in control orders, human rights, law reports, Supreme Court by sally

Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149

“Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty.”

WLR Daily, 16th 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.

BAILII: Recent Decisions

Posted June 16th, 2010 in law reports by sally

Supreme Court

Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25 (16 June 2010)

Court of Appeal (Criminal Division)

New Look Retailers Ltd v London Fire & Emergency Planning Authority [2010] EWCA Crim 1268 (16 June 2010)

Court of Appeal (Civil Division)

Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 (16 June 2010)

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 628 (16 June 2010)

Secretary of State for the Home Department v ST (Eritrea) [2010] EWCA Civ 643 (09 June 2010)

High Court (Queen’s Bench Division)

AGC Chemicals Europe Ltd v Stop Huntington Animal Cruelty (SHAC) [2010] EWHC B10 (QB) (10 June 2010)

High Court (Chancery Division)

Re Liberty International Plc [2010] EWHC 1060 (Ch) (16 June 2010)

Dhillon & Anor v Siddiqui & Ors [2010] EWHC 1400 (Ch) (16 June 2010)

Source: www.bailii.org

Bank Mellat v HM Treasury – WLR Daily

Posted June 16th, 2010 in banking, Iran, law reports, nuclear weapons, proportionality, terrorism by sally

Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148

“The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction was to be interpreted consistently with the jurisprudence of the European Court of Human Rights, according to which the means used did not always have to be limited to the minimum necessary to accomplish the legislative objective.”

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

Court of Appeal (Criminal Division)

Holtom, R. v [2010] EWCA Crim 934 (20 April 2010)

Valentas & Anor, R. v [2010] EWCA Crim 200 (03 February 2010)

Clarke, R. v [2010] EWCA Crim 684 (11 February 2010)

R, R. v [2010] EWCA Crim 194 (02 February 2010)

R, R. v [2010] EWCA Crim 907 (14 April 2010)

Attorney Generals Reference No. 112 of 2009 (Church) [2010] EWCA Crim 351 (10 February 2010)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v IA (Turkey) [2010] EWCA Civ 625 (15 June 2010)

Slough Borough Council v Special Educational Needs and Disability Tribunal & Ors [2010] EWCA Civ 668 (15 June 2010)

LP (St Lucia) v Secretary of State for the Home Department [2010] EWCA Civ 493 (30 March 2010)

XL (China) v Secretary of State for the Home Department [2010] EWCA Civ 575 (07 May 2010)

High Court (Chancery Division)

Pick v Sumpter & Anor [2010] EWHC 685 (Ch) (03 February 2010)

High Court (Family Division)

London Borough of Lewisham v D & Ors [2010] EWHC 1238 (Fam) (17 February 2010)

London Borough of Lewisham v D & Ors [2010] EWHC 1239 (Fam) (29 March 2010)

AR (A Child: Relocation), Re [2010] EWHC 1346 (Fam) (10 June 2010)

AA v NA & Ors [2010] EWHC 1282 (Fam) (10 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 15th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Jones v Kaney [2010] EWHC 61 (QB) (21 January 2010)

High Court (Administrative Court)

Mhango, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1321 (Admin) (10 June 2010)

Am, R (on the application of) v The Chief Constable of West Midlands Police [2010] EWHC 1228 (Admin) (28 May 2010)

The Law Society of England and Wales, R (on the application of) v The Lord Chancellor [2010] EWHC 1406 (Admin) (15 June 2010)

W & M, R (on the application of) v Oldham Youth Court [2010] EWHC 661 (Admin) (03 March 2010)

Nursing and Midwifery Council v Carthy [2010] EWHC 1194 (Admin) (18 March 2010)

Crown Prosecution Service v Patel [2010] EWHC 1221 (Admin) (13 May 2010)

Crown Prosecution Service, R (on the application of) v Cambridge Crown Court [2010] EWHC 663 (Admin) (19 February 2010)

Said, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 365 (Admin) (03 February 2010)

Hussain, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1220 (Admin) (12 May 2010)

Nursing and Midwifery Council, R (on the application of) v Salauroo [2010] EWHC 367 (Admin) (27 January 2010)

Williams, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 407 (Admin) (10 February 2010)

Leeson, R (on the application of) v DPP [2010] EWHC 994 (Admin) (16 April 2010)

Hakeem, R (on the application of) v Valuation Tribunal Service & Anor [2010] EWHC 152 (Admin) (18 January 2010)

Ganic v Republic of Serbia [2010] EWHC 878 (Admin) (11 March 2010)

Source: www.bailii.org

Regina v George and others – WLR Daily

Posted June 15th, 2010 in airlines, appeals, conspiracy, law reports, price fixing by sally

Regina v George and others [2010] EWCA Crim 1148; [2010] WLR (D) 147

“Where a statute imposed criminal liability on an individual who dishonestly agreed with one or more other people to do a prohibited act, the intention and purpose was to criminalise that individual, regardless of whether those other persons were also dishonest.”

Full story

WLR Daily, 14th 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.

Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports, set-off by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

Source:

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

Regina (Morge) v Hampshire County Council – WLR Daily

Posted June 15th, 2010 in appeals, EC law, environmental protection, law reports, local government, planning by sally

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th 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.

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd – WLR Daily

Posted June 15th, 2010 in appeals, defamation, law reports, malicious falsehood by sally

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd [2010] EWCA Civ 609; [2010] WLR (D) 144

“The single meaning rule in defamation did not apply in claims of malicious falsehood.”

WLR Daily, 11th June 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 (Vodafone Ltd and Others) v Secretary of State for Business, Enterprise and Regulatory Reform, Office of Communications and Others, interested parties – Times Law Reports

Posted June 15th, 2010 in law reports by sally

Regina (Vodafone Ltd and Others) v Secretary of State for Business, Enterprise and Regulatory Reform, Office of Communications and Others, interested parties Case C-58/08

Court of Justice of the European Union

“No principles of European Union law were infringed in capping charges made by mobile telephone operators to customers for calls made outside their home state but within the Community.”

The Times, 15th June 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 14th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Bank Mellat v HM Treasury [2010] EWHC 1332 (QB) (11 June 2010)

High Court (Administrative Court)

TTM v London Borough of Hackney & Ors [2010] EWHC 1349 (Admin) (11 June 2010)

Global Knafaim Leasing Ltd & Anor v The Civil Aviation Authority & Ors [2010] EWHC 1348 (Admin) (11 June 2010)

High Court (Commercial Court)

Cosco Bulk Carrier Co Ltd & Anor v M/V “Saldanha” C/P dated 25/06/08 [2010] EWHC 1340 (Comm) (11 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 11th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667 (11 June 2010)

High Court (Administrative Court)

The Judicial Authority of the Court of First Instance, Hasselt, Belgium v Bartlett [2010] EWHC 1390 (Admin) (11 June 2010)

Mullally, R (on the application of) v HMP Lindholme [2010] EWHC 1356 (Admin) (11 June 2010)

High Court (Chancery Division)

Dore & Ors v Leicestershire County Council & Anor [2010] EWHC 1387 (Ch) (11 June 2010)

Global Coal Ltd v London Commodity Brokers [2010] EWHC 1347 (Ch) (11 June 2010)

Infinity Distribution Ltd (In Administration) v HM Revenue & Customs [2010] EWHC 1393 (Ch) (11 June 2010)

Scottish & Newcastle Ltd. v Raguz [2010] EWHC 1384 (Ch) (10 June 2010)

Barclays Bank Plc v Kalamohan & Anor [2010] EWHC 1383 (Ch) (10 June 2010)

The New Northumbria Hotel Ltd (Company No. 3699960) v Maymask (148) LLP [2010] EWHC 1273 (Ch) (28 May 2010)

Omega Engineering Incorporated v Omega SA (Omega AG) (Omega Ltd) [2010] EWHC 1211 (Ch) (28 May 2010)

Numatic International Ltd v Qualtex UK Ltd [2010] EWHC 1237 (Ch) (28 May 2010)

High Court (Commercial Court)

Raiffeisen Zentralbank Osterreich AG v The Royal Bank of Scotland Plc [2010] EWHC 1392 (Comm) (11 June 2010)

Source: www.bailii.org

Regina v Burns – Times Law Reports

Posted June 11th, 2010 in law reports by sally

Regina v Burns

Court of Appeal

“Any right there might be to withdraw licence to a visitor to remain in one’s house and to use reasonable force to eject her therefrom could not be extended to one’s motor vehicle.”

The Times, 10th June 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 10th, 2010 in law reports by sally

Court of Appeal (Criminal Divison)

Dhorajiwala, R v [2010] EWCA Crim 1237 (09 June 2010)

Court of Appeal (Civil Division)

Morge, R (on the application of) v Hampshire County Council [2010] EWCA Civ 608 (10 June 2010)

Beechwood Birmingham Ltd v Hoyer Group UK Ltd [2010] EWCA Civ 647 (10 June 2010)

High Court (Queen’s Bench Division)

Baxter & Ors v McCann [2010] EWHC 1330 (QB) (10 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 9th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

HH Sant Baba Jeet Singh Ji Maharaj v Eastern Media Group & Anor [2010] EWHC 1294 (QB) (17 May 2010)

High Court (Administrative Court)

Harper & Anor, R (on the application of) v Aldershot Magistrates Court [2010] EWHC 1319 (Admin) (08 June 2010)

Source: www.bailii.org

Marshall and Others v Deputy Governor of Bermuda and Others – Times Law Reports

Posted June 8th, 2010 in law reports by sally

Marshall and Others v Deputy Governor of Bermuda and Others

Privy Council

“In public law proceedings a public authority’s duty to furnish the court with information which it alone was in a position to provide, and without which it would not be possible for the court to assess the merits of an issue, did not transfer to the authority the onus of proving matters which a claimant had to prove.”

The Times, 7th June 2010

Source: www.timesonline.co.uk