Category: law reports

Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily

Posted June 2nd, 2010 in appeals, contract of employment, damages, disciplinary procedures, hospitals, law reports by sally

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135

“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”

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.

Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same – Times Law Reports

Posted June 2nd, 2010 in law reports by sally

Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same

Court of Appeal

“Where a trader knew or should have known that by his purchase he was participating in a transaction connected with fraudulent evasion of value-added tax he lost his right to deduct input tax.”

The Times, 2nd June 2010

Source: www.timesonline.co.uk

Regina v Lancaster – Times Law Reports

Posted June 2nd, 2010 in law reports by sally

Regina v Lancaster

Court of Appeal (Criminal Division)

“The jury had to decide on the facts of the case whether an omission in a claim form was significant.”

The Times, 2nd June 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 1st, 2010 in law reports by sally

High Court (Administrative Court)

Roszas, R (on the application of) v Baranya County Court Hungary [2010] EWHC 1265 (Admin) (18 May 2010)

Dikmonas, R (on the application of) v Ministry of Justice of the Republic of Lithuania [2010] EWHC 1222 (Admin) (18 May 2010)

Sanyaolu v Secretary of State for the Home Department [2010] EWHC B9 (Admin) (temporary reference) (17 May 2010)

Source: www.bailii.org

O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports

Posted June 1st, 2010 in law reports by sally

O’Byrne v Aventis Pasteur MSD Ltd

Supreme Court

“Domestic law could not allow the producer of an allegedly defective product to be substituted as the defendant more than ten years after its being put into circulation 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.”

The Times, 27th May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 28th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v HK (Turkey) [2010] EWCA Civ 583 (27th May 2010)

Haugesund Kommune & Anor v Depfa ACS Bank [2010] EWCA Civ 579 (27 May 2010)

Varsani v Relfo Ltd [2010] EWCA Civ 560 (27 May 2010)

Egal, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 584 (27 May 2010)

Kookmin Bank v Rainy Sky SA & Ors [2010] EWCA Civ 582 (27 May 2010)

Brazzill & v Willoughby & Ors [2010] EWCA Civ 561 (27 May 2010)

Oxfordshire County Council v X & Ors [2010] EWCA Civ 581 (27 May 2010)

Court of Appeal (Criminal Division)

Brewster & Anor v R. [2010] EWCA Crim 1194 (27 May 2010)

High Court (Administrative Court)

Remedy UK Ltd, R (on the application of) v General Medical Council [2010] EWHC 1245 (Admin) (28 May 2010)

Robert Hitchins Ltd v Secretary of State for Communities and Local Government & Anor [2010] EWHC 1157 (Admin) (27 May 2010)

McVey & Ors, R (on the application of) v Secretary of state for Health [2010] EWHC 1255 (Admin) (27 May 2010)

Abdelghani, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1227 (Admin) (26 May 2010)

High Court (Chancery Division)

Craftrule Ltd.v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) (27 May 2010)

Dominion Corporate Trustees Ltd & Ors. v Debenhams Properties Ltd [2010] EWHC 1193 (Ch) (27 May 2010)

High Court (Commercial Court)

Orient-Express Hotels Ltd v Assicurazioni General SA (UK Branch) (t/a Generali Global Risk) [2010] EWHC 1186 (Comm) (27 May 2010)

Towler v Wills [2010] EWHC 1209 (Comm) (27 May 2010)

High Court (Queen’s Bench division)

Hurst & Ors v Hone & Ors [2010] EWHC 1159 (QB) (27 May 2010)

Underhill v Corser & Anor [2010] EWHC 1195 (QB) (27 May 2010)

Source: www.bailii.org

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

Posted May 28th, 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

Posted May 28th, 2010 in consumer protection, defective goods, law reports, limitations, Supreme Court by sally

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 reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v Kernott – WLR Daily

Posted May 28th, 2010 in appeals, cohabitation, domicile, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136

“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 reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily

Posted May 28th, 2010 in appeals, contract of employment, damages, disciplinary procedures, law reports by sally

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Crim 571; [2010] WLR (D) 135

“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”

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.

BAILII: Recent Decisions

Posted May 27th, 2010 in law reports by sally

Supreme Court

OB v Aventis Pasteur SA [2010] UKSC 23 (26 May 2010

Court of Appeal (Criminal Division)

Penner, R. v [2010] EWCA Crim 1155 (05 May 2010)

Gill, R. v [2010] EWCA Crim 1154 (07 May 2010)

Miller v R [2010] EWCA Crim 1153 (26 May 2010)

Court of Appeal (Civil Division)

Shiner & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 558 (26 May 2010)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571 (26 May 2010)

AT (Pakistan) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 567 (26 May 2010)

Kernott v Jones [2010] EWCA Civ 578 (26 May 2010)

High Court (Queen’s Bench)

Brady v Norman [2010] EWHC 1215 (QB) (26 May 2010)

High Court (Chancery Division)

Franbar Holdings Ltd v Casualty Plus Ltd [2010] EWHC 1164 (Ch) (26 May 2010)

High Court (Family Division)

DH NHS Foundation Trust v PS [2010] EWHC 1217 (Fam) (26 May 2010)

High Court (Commercial Court)

ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm) (21 April 2010)

Source: www.bailii.org

British Airways plc v Unite – Times Law Reports

Posted May 27th, 2010 in law reports by sally

British Airways plc v Unite

Court of Appeal

“It was not appropriate to adopt an over-literal interpretation of a poorly drafted section which might defeat the policy behind the relevant Act.”

The Times, 26th May 2010

Source: www.timesonline.co.uk

Hughes v Borodex Ltd – Times Law Reports

Posted May 27th, 2010 in law reports by sally

Hughes v Borodex Ltd

Court of Appeal

“A landlord was entitled to serve notice to quit on a tenant who lost her protected tenancy by carrying out improvements in the property which resulted in its rent exceeding the assured protected tenancy limit.”

The Times, 26th May 2010

Source: www.timesonline.co.uk

Regina (Public and Commercial Services Union) v Minister for the Civil Service – Times Law Reports

Posted May 27th, 2010 in law reports by sally

Regina (Public and Commercial Services Union) v Minister for the Civil Service

Queen’s Bench Division

“The consent of members of the Civil Service Compensation Scheme was required before valid changes could be made which deprived them of rights which had accrued in respect of redundancy and compulsory early retirement.”

The Times, 24th May 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 26th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Okuwa, R. v [2010] EWCA Crim 832 (30 April 2010)

Burns, R. v Paul [2010] EWCA Crim 1023 (27 April 2010)

Connolly v R. [2010] EWCA Crim 1150 (25 May 2010)

Braithwaite v R. [2010] EWCA Crim 1082 (25 May 2010)

Court of Appeal (Civil Division)

Ifejika v Ifejika & Anor [2010] EWCA Civ 563 (25 May 2010)

High Court (Queen’s Bench Division)

Yeganeh v Zurich Plc [2010] EWHC 1185 (QB) (24 May 2010)

Tomkins v Knowsley Primary Care Trust [2010] EWHC 1194 (QB) (25 May 2010)

McQuillan & Anor v McCormick & Ors [2010] EWHC 1112 (QB) (17 May 2010)

High Court (Chancery Division)

City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch) (25 May 2010)

High Court (Administrative Court)

AC v Berkshire West Primary Care Trust [2010] EWHC 1162 (Admin) (25 May 2010)

Herron & Anor v The Parking Adjudicator [2010] EWHC 1161 (Admin) (25 May 2010)

Fraser v HM Coroner for North West Wales [2010] EWHC 1165 (Admin) (25 May 2010)

General Medical Council v Yousufuddin [2010] EWHC B7 (Admin) (temporary reference) (04 May 2010)

High Court (Commercial Court)

Depfa Bank Plc v Provincia Di Pisa [2010] EWHC 1148 (Comm) (25 May 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 25th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Ashton v Secretary of State for Communities & Local Government & Anor [2010] EWCA Civ 600 (24 May 2010)

High Court (Technology and Construction Court)

K/S Lincoln & Ors v CB Richard Ellis Hotels Ltd [2010] EWHC 1156 (TCC) (24 May 2010)

Source: www.bailii.org

Marshall and others v Deputy Governor of Bermuda and others – WLR Daily

Posted May 25th, 2010 in armed forces, Bermuda, judicial review, law reports, Privy Council, proof by sally

Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133

“Although, in public law proceedings, a public authority had a 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 which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position to prove.”

WLR Daily, 24th 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.

L’Oréal SA and others v Bellure NV and others – WLR Daily

Posted May 25th, 2010 in advertising, appeals, law reports, trade marks by sally

L’Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535; [2010] WLR (D) 134

“The effect of the ruling of the Court of Justice of the European in L’Oréal SA v Bellure NVs (Case C-487/07) [2010] Bus LR 303 was that the use of comparative lists, whereby traders of smell-alike perfume products cited, for marketing purposes, the products in the market to which their own products smelt similar, was unlawful.”

WLR Daily, 24th 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.

BAILII: Recent Decisions

Posted May 24th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

HXA v The Home Office [2010] EWHC 1177 (QB) (21 May 2010)

High Court (Commercial Court)

FKI Engineering Ltd & Anor v Stribog Ltd [2010] EWHC 1160 (Comm) (21 May 2010)

High Court (Technology and Construction Court)

Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd [2010] EWHC 1145 (TCC) (21 May 2010)

Source: www.bailii.org

Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2010 in appeals, deportation, law reports, mental health, young offenders by sally

Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132

“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”

WLR Daily, 21st 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.