BAILII: Recent Decisions

Posted April 15th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Waya, R v (Rev 1) [2010] EWCA Crim 412 (25 March 2010)

Court of Appeal (Civil Division)

SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388 (15 April 2010)

High Court (Administrative Court)

Ibrahim & Anor v Secretary of State for the Home Department (Rev 1) [2010] EWHC 764 (Admin) (13 April 2010)

High Court (Commercial Court)

Jones v Environcom Ltd & Anor [2010] EWHC 759 (Comm) (15 April 2010)

Source: www.bailii.org

Media reporting bill ‘threat’ to vulnerable children – Law Society’s Gazette

Posted April 15th, 2010 in bills, children, family courts, law reports, media, news by sally

“Measures rushed through parliament at the ‘eleventh hour’ to allow greater media reporting of the family courts will put vulnerable children at risk, lawyers have warned.”

Full story

Law Society’s Gazette, 15th April 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted April 14th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Conan v Williams [2010] EWHC 758 (QB) (13 April 2010)

High Court (Administrative Court)

Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Berners (BVI) Ltd & Anor [2010] EWHC 763 (TCC) (25 March 2010)

Clancy Consulting Ltd v Derwent Holdings Ltd & Ors [2010] EWHC 762 (TCC) (29 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

EH v London Borough of Greenwich & Ors [2010] EWCA Civ 344 (09 April 2010)

High Court (Administrative Court)

Nursing & Midwifery Council v Gerrard [2010] EWHC 710 (Admin) (15 March 2010)

HR, R (on the application of) v Medway Council [2010] EWHC 731 (Admin) (01 April 2010)

High Court (Patents Court)

Betson Medical (Ireland) Ltd v Comptroller General of Patents [2010] EWHC 687 (Pat) (31 March 2010)

Source: www.bailii.org

British Chiropractic Association v Singh – WLR Daily

British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96

“A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion.”

WLR Daily, 12th April 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.

Vaughan v Vaughan – WLR Daily

Posted April 13th, 2010 in appeals, financial provision, law reports, periodical payments by sally

Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95

“When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not.”

WLR Daily, 12th April 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.

Independent News & Media Ltd and others v A – WLR Daily

Posted April 13th, 2010 in appeals, Court of Protection, law reports, media, private hearings by sally

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th April 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.

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons) – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons)

Court of Appeal (Criminal Division)

“If a judge decided to reduce his sentencing reasons into writing, he should read them out in open court so that all he had to say was available to the defendant, the complainant, the jury and the public at large.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales

Chancery Division

“A Roman Catholic adoption agency was entitled to take advantage of an exception to sexual orientation discrimination in favour of charities generally so that was not unlawful for it to refuse to provide its services to same-sex couples.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Jayasinghe v Liyanage – Times Law Reports

Posted April 9th, 2010 in law reports by sally

Jayasinghe v Liyanage

Chancery Division

“The function of the adjudicator to the Land Registry in relation to the entry of a restriction was not limited to determining whether the applicant had demonstrated an arguable claim within the meaning of section 42(1)(c) of the Land Registration Act 2002.”

The Times, 9th April 2010

Source: www.timesonline.co.uk

O’Beirne v Hudson – Times Law Reports

Posted April 9th, 2010 in law reports by sally

O’Beirne v Hudson

Court of Appeal

“Where a consent order provided for costs to be assessed on the standard basis, the costs judge was not entitled to vary that order or tie himself to assessing by reference to the small claims track.”

The Times, 9th April 2010

Source: www.timesonline.co.uk

Regina v T (N) – WLR Daily

Posted April 8th, 2010 in appeals, assault, jurisdiction, law reports by sally

Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93

 “The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that time, informing the court that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned before being determined.”

WLR Daily, 7th April 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 (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted April 8th, 2010 in appeals, costs, HM Revenue & Customs, judicial review, law reports, taxation by sally

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92

“There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area.”

WLR Daily, 7th April 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.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 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.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Posted April 8th, 2010 in appeals, company law, landlord & tenant, law reports by sally

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

WLR Daily, 7th April 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.

Herrick v Kidner – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Herrick v Kidner

Queen’s Bench Division

“The psychological effect of such works as gate piers set across a public footpath, so as to denote private property, was relevant when deciding whether those works amounted to a significant obstruction of the highway so that an order might be required for their removal by the local highway authority.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

Bilkus v Stockler Brunton (a Firm) – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Bilkus v Stockler Brunton (a Firm)

Court of Appeal

“A solicitor rendering his fee note had to consider carefully, if charging uplift, whether the relevant work was contentious or non-contentious.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No. 116 of 2009 [2010] EWCA Crim 577 (11 March 2010)

Court of Appeal (Civil Division)

MC (Algeria), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 347 (31 March 2010)

Raissi v Secretary of State for Justice [2010] EWCA Civ 337 (31 March 2010)

Clarke & Anor v Corless & Anor [2010] EWCA Civ 338 (31 March 2010)

Child Maintenance and Enforcement Commission v Mitchell [2010] EWCA Civ 333 (30 March 2010)

British Chiropractic Association v Singh [2010] EWCA Civ 350 (01 April 2010)

High Court (Administrative Court)

Bailey, R (on the application of) v Central Criminal Court [2010] EWHC 667 (Admin) (19 March 2010)

High Court (Patents Court)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2010] EWHC 660 (Pat) (31 March 2010)

Source: www.bailii.org

Independent wins a ‘hugely important’ victory for the vulnerable – The Independent

“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”

Full story

The Independent, 1st April 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Davis v R [2010] EWCA Crim 708 (31 March 2010)

Greaves & Ors v R [2010] EWCA Crim 709 (31 March 2010)

Delucca, R v [2010] EWCA Crim 710 (31 March 2010)

Court of Appeal (Civil Division)

Valentines Homes & Construction Ltd, R (on the application of) v HM Revenue and Customs [2010] EWCA Civ 345 (31 March 2010)

Servier Laboratories Ltd v National Institute for Health and Clinical Excellence & Anor [2010] EWCA Civ 346 (31 March 2010)

Vaughan v Vaughan [2010] EWCA Civ 349 (31 March 2010)

A v Independent News & Media Ltd & Ors [2010] EWCA Civ 343 (31 March 2010)

High Court (Queen’s Bench Division)

West Sussex County Council v Amberley (UK) Ltd & Anor [2010] EWHC 651 (QB) (31 March 2010)

Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB) (31 March 2010)

Baturina v Times Newspapers Ltd [2010] EWHC 696 (QB) (31 March 2010)

MGB Printing and Design Ltd v Kall Kwik UK Ltd [2010] EWHC 624 (QB) (31 March 2010)

JO1 v Garret & Anor [2010] EWHC 657 (QB) (31 March 2010)

High Court (Chancery Division)

Independent Trustee Services Ltd & Anor v Knell [2010] EWHC 650 (Ch) (31 March 2010)

Moore v Holdsworth & Ors [2010] EWHC 683 (Ch) (12 March 2010)

High Court (Family Division)

G v E & Ors [2010] EWHC 621 (Fam) (26 March 2010)

High Court (Administrative Court)

ZA (Nigeria) & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 718 (Admin) (31 March 2010)

Checkprice (UK) Ltd (In Administration) v HM Revenue & Customs [2010] EWHC 682 (Admin) (31 March 2010)

Malungu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 684 (Admin) (31 March 2010)

Saeedi, R (on the application of) v Secretary of State for the Home Department & Ors [2010] EWHC 705 (Admin) (31 March 2010)

Revenue & Customs Prosecution Office v Taylor [2010] EWHC 715 (Admin) (31 March 2010)

Stephenson, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2010] EWHC 704 (Admin) (31 March 2010)

High Court (Commercial Court)

Golden Sunsets Navigation (UK) Ltd v Lloyds Portfolio Leasing Ltd [2010] EWHC 703 (Comm) (31 March 2010)

Berezovsky v Abramovich [2010] EWHC 647 (Comm) (31 March 2010)

High Court (Technology and Contruction Court)

Brookfield Construction (UK) Ltd v Mott Macdonald Ltd [2010] EWHC 659 (TCC) (31 March 2010)

High Court (Patents Court)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2010] EWHC 660 (Pat) (31 March 2010)

Source: www.bailii.org