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

Aviva Life and Pensions UK Ltd v Linpac Mouldings Ltd and Others – Times Law Reports

Posted June 8th, 2010 in law reports by sally

Aviva Life and Pensions UK Ltd v Linpac Mouldings Ltd and Others

Court of Appeal

“The right to exercise a break clause in a 99-year lease in a licence to assign was exercisable only when the assignee was still in possession.”

The Times, 7th June 2010

Source: www.timesonline.co.uk

Google France SARL v Louis Vuitton Malletier SA and Others Joined Cases – Times Law Reports

Posted June 8th, 2010 in law reports by sally

Google France SARL v Louis Vuitton Malletier SA and Others Joined Cases C-236, 237 and 238/08

Court of Justice of the European Union

“An internet referencing service provider which stored a sign identical with a trademark as a keyword and arranged for the display of advertisements on the basis of that keyword did not use the sign within the European Union trademark legislation.”

The Times, 8th June 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 7th, 2010 in law reports by sally

High Court (Chancery Division)

Whitney v Monster Worldwide Ltd & Anor [2010] EWHC 1298 (Ch) (26 May 2010)

High Court (Administrative Court)

Bradshaw v General Medical Council [2010] EWHC 1296 (Admin) (04 June 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 4th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2010] EWCA Civ 609 (02 June 2010)

High Court (Queen’s Bench Division)

Parties Named In Schedule A v Dresdner Kleinwort Ltd & Anor [2010] EWHC 1249 (QB) (28 May 2010)

Source: www.bailii.org

Regina (Boahen) v Secretary of State for the Home Office – WLR Daily

Posted June 4th, 2010 in appeals, immigration, law reports, visas by sally

Regina (Boahen) v Secretary of State for the Home Office [2010] EWCA Civ 585; [2010] WLR (D) 143

“An immigration officer at the port of entry had discretionary power to cancel a visa granted overseas on the ground that the purpose of the visit was not same as stated in the visa granted and to refuse leave to enter the UK.”

WLR Daily, 3rd 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.

Regina v Miller – WLR Daily

Posted June 4th, 2010 in appeals, bad character, cross-examination, law reports, witnesses by sally

Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142

“In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope.”

WLR Daily, 3rd 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.

Regina v Braithwaite – WLR Daily

Posted June 4th, 2010 in appeals, bad character, law reports, witnesses by sally

Regina v Braithwaite [2010] EWCA Crim 1082; [2010] WLR (D) 141

“Material contained in police crime reports that unproven allegations had been made against a person who was someone other than a defendant, or that that person had been investigated in respect of an offence, would rarely be of substantial probative value to an issue at trial sufficient to render it admissible as evidence of bad character against that person pursuant to s 100(1)(b) of the Criminal Justice Act 2003.”

WLR Daily, 3rd 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.

Richard Buxton (a Firm) v Mills-Owens – Times Law Reports

Posted June 4th, 2010 in law reports by sally

Richard Buxton (a Firm) v Mills-Owens

Court of Appeal

“Since solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable, where a client insisted on such argument being advanced, a solicitor was lawfully entitled to terminate his retainer.”

The Times, 4th June 2010

Source: www.timesonline.co.uk

FSA loses first insider dealing case – The Times

Posted June 4th, 2010 in law reports by sally

“An accountant and two lawyers accused of insider dealing walked free from court today, marking the first time the Financial Services Authority (FSA) has lost such a prosecution.”

Full story

The Times, 3rd June 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 3rd, 2010 in law reports by sally

High Court (Queen’s Bench Division)

British Airways Plc v Unite the Union [2010] EWHC 1210 (QB) (17 May 2010)

High Court (Family Division)

B v B [2010] EWHC 193 (Fam) (15 January 2010)

Source: www.bailii.org

Brazzill and others v Willoughby and others – WLR Daily

Posted June 3rd, 2010 in administration orders, appeals, banking, insolvency, law reports by sally

Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140

“A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. ‘Deposits’ had its regulatory meaning which meant it was limited to regulated depositors only.”

WLR Daily, 28th May 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 A (Children) (Abduction: Interim Powers) – WLR Daily

Posted June 3rd, 2010 in child abduction, housing, law reports, local government by sally

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139

“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”

WLR Daily, 28th May 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.

Kennedy v United Kingdom – Times Law Reports

Posted June 3rd, 2010 in law reports by sally

Kennedy v United Kingdom (Application No 26839/05)

European Court of Human Rights

“Sufficient safeguards existed in the United Kingdom’s interception of communications regime to ensure that individuals’ rights were not breached.”

The Times, 3rd June 2010

Source: www.timesonline.co.uk

Regina v Penner – Times Law Reports

Posted June 3rd, 2010 in law reports by sally

Regina v Penner

Court of Appeal (Criminal Division)

“Defence counsel must avoid ambushing the prosecution with a new issue.”

The Times, 3rd June 2010

Source: www.timesonline.co.uk

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily

Posted June 2nd, 2010 in landlord & tenant, law reports by sally

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch); [2010] WLR (D) 138

“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”

WLR Daily, 27th May 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.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 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.

Jones v Kernott – WLR Daily

Posted June 2nd, 2010 in appeals, cohabitation, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 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.