law reports – Page 241 – Current Awareness

Connor v Surrey County Council – WLR Daily

Posted March 24th, 2010 in duty of care, law reports, mental health, negligence by sally

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 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.

Barber v Croydon London Borough Council – Times Law Reports

Posted March 24th, 2010 in law reports by sally

Barber v Croydon London Borough Council

Court of Appeal

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that his behaviour might have been produced by his mental impairment.”

The Times, 24th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 23rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Jessop v R [2010] EWCA Crim 517 (22 March 2010)

Mendez & Anor v R [2010] EWCA Crim 516 (22 March 2010)

Source: www.bailii.org

Baxter v Mannion – WLR Daily

Posted March 22nd, 2010 in adverse possession, land registration, law reports, rectification, squatting by sally

Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82

“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”

WLR Daily, 19th March 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.

Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted March 22nd, 2010 in appeals, law reports, rights of way, roads by sally

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”

WLR Daily, 19th March 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.

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily

Posted March 22nd, 2010 in appeals, fisheries, law reports, ultra vires by sally

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another [2010] EWCA Civ 263; [2010] WLR (D)

“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”

WLR Daily, 19th March 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 (JS (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2010 in asylum, crimes against humanity, law reports, Supreme Court, terrorism, war crimes by sally

R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79

“An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst being aware that his assistance would in fact further that purpose.”

WLR Daily, 19th March 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 March 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Al-Jedda v Secretary of State for the Home Department [2010] EWCA Civ 212 (12 March 2010)

High Court (Chancery Division)

Johnson Machine and Tool Co Ltd & Anor, Re [2010] EWHC 582 (Ch) (18 March 2010)

National Westminster Bank Plc v Rushmer & Anor [2010] EWHC 554 (Ch) (19 March 2010)

High Court (Family Division)

S (A Child) [2010] EWHC B2 (Fam) (3 March 2010)

High Court (Commercial Court)

Deutsche Bank Ag v Vik & Anor [2010] EWHC 551 (Comm) (19 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 19th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 (19 March 2010)

Maroudas v Secretary of State for Environment Food & Rural Affairs [2010] EWCA Civ 280 (18 March 2010)

Connor v Surrey County Council [2010] EWCA Civ 286 (18 March 2010)

William Hare Ltd v Shepherd Construction Ltd [2010] EWCA Civ 283 (18 March 2010)

Bloomsbury International Ltd & Ors. v The Sea Fish Industry Authority & Anor [2010] EWCA Civ 263 (18 March 2010)

Owens v Noble [2010] EWCA Civ 284 (18 March 2010)

Lamb v Revenue and Customs Prosecutions Office [2010] EWCA Civ 285 (18 March 2010)

High Court (Chancery Division)

Bridgewater Canal Company Ltd v Geo Networks Ltd [2010] EWHC 548 (Ch) (19 March 2010)

Kerr v Laurence Shaw & Associates Ltd (t/a Laurence Shaw & Associates (In Liquidation)) [2010] EWHC 585 (Ch) (19 March 2010)

Seyfried v Euro-IB Ltd. [2010] EWHC 553 (Ch) (18 March 2010)

High Court (Queen’s Bench Division)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 484 (QB) (18 March 2010)

Davenport v Farrow [2010] EWHC 550 (QB) (18 March 2010)

Lindsay v O’Loughnane [2010] EWHC 529 (QB) (18 March 2010)

High Court (Family Division)

D v D [2010] EWHC 138 (Fam) (11 March 2010)

High Court (Administrative Court)

Bary & Ors, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 587 (Admin) (19 March 2010)

Osborn v The Parole Board [2010] EWHC 580 (Admin) (19 March 2010)

High Court (Commercial Court)

Horwood & Ors v Land of Leather Ltd & Ors [2010] EWHC 546 (Comm) (18 March 2010)

Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd [2010] EWHC 542 (Comm) (18 March 2010)

Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)

Source: www.bailii.org

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) – WLR Daily

Posted March 19th, 2010 in adoption, charities, law reports, sexual orientation discrimination by sally

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) [2010] EWHC 520 (Ch); [2010] WLR (D)

“A Roman Catholic adoption agency was entitled to rely on reg 18 of the Equality Act (Sexual Orientation) Regulations 2007 which afforded to charities generally an exemption from the prohibition of discrimination on grounds of sexual orientation. Accordingly, it was not unlawful for the agency to refuse to provide its services to same-sex couples.”

WLR Daily, 18th March 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.

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily

Posted March 19th, 2010 in conflict of laws, jurisdiction, law reports by sally

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77

“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

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

Regina v W – Times Law Reports

Posted March 19th, 2010 in law reports by sally

Regina v W

Court of Appeal, Criminal Division

“Whether a defendant was acting dishonestly was a matter for the jury after a correct direction from the trial judge.”

The Times, 19th March 2010

Source: www.timesonline.co.uk

Gibson and Others v Sheffield City Council – Times Law Reports

Posted March 19th, 2010 in law reports by sally

Gibson and Others v Sheffield City Council

Court of Appeal

“Merely because an employer could explain a pay disparity, which was not directly discriminatory, that did not necessarily mean that the pay practice was not tainted by sex discrimination, so that the employer would have to justify that disparity objectively in order to rely on the genuine material factor defence in an equal pay claim.”

The Times, 19th March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 18th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Lewis & Ors, R v [2010] EWCA Crim 496 (17 March 2010)

Court of Appeal (Civil Division)

Saccoccia v Crown Prosecution Service & Anor [2010] EWCA Civ 259 (16 March 2010)

Owens v Noble [2010] EWCA Civ 224 (10 March 2010)

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 (17 March 2010)

High Court (Chancery Division)

Maslyukov v Diageo Distilling Ltd & Anor [2010] EWHC 443 (Ch) (17 March 2010)

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales & Anor [2010] EWHC 520 (Ch) (17 March 2010)

Tom Hoskins Plc v EMW Law (a firm) [2010] EWHC 479 (Ch) (11 March 2010)

High Court (Administrative Court)

Odes v General Medical Council [2010] EWHC 552 (Admin) (17 March 2010)

Source: www.bailii.org

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

Posted March 18th, 2010 in appeals, child abuse, employment, law reports, vicarious liability by sally

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th March 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 March 17th, 2010 in law reports by sally

Supreme Court

JS (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2010] UKSC 15 (17 March 2010)

Court of Appeal (Civil Division)

Maga v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256 (16 March 2010)

Agricullo Ltd v Yorkshire Housing Ltd [2010] EWCA Civ 229 (16 March 2010)

Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 (16 March 2010)

FN (Zimbabwe) v Secretary of State for the Home Department [2010] EWCA Civ 225 (16 March 2010)

Wiles v Social Security Commissioner & Anr [2010] EWCA Civ 258 (16 March 2010)

Cook v Thomas & Anor [2010] EWCA Civ 227 (17 March 2010)

Briggs & Ors v Nottingham University Hospitals NHS Trust [2010] EWCA Civ 264 (17 March 2010)

Court of Appeal (Criminal Division)

Hertfordshire Oil Storage Ltd v R. [2010] EWCA Crim 493 (16 March 2010)

High Court (Chancery Division)

Amin & Anor v Amin & Ors [2010] EWHC 528 (Ch) (16 March 2010)

High Court (Commercial Court)

Crema v Cenkos Securities Plc [2010] EWHC 461 (Comm) (16 March 2010)

High Court (Family Division)

A v L [2010] EWHC 460 (Fam) (11 March 2010)

Doctor A & Ors v Ward & Anor [2010] EWHC 538 (Fam) (15 March 2010)

High Court (Technology and Construction Court)

Mentmore Towers Ltd & Ors v Packman Lucas Ltd. [2010] EWHC 457 (TCC) (16 March 2010)

CFH Total Document Management Ltd. v OCE (UK) Ltd & Anor [2010] EWHC 541 (TCC) (16 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 16th, 2010 in law reports by sally

High Court (Administrative Court)

Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin) (15 March 2010)

High Court (Chancery Division)

Cadogan v Panagopoulos & Anor [2010] EWHC 422 (Ch) (15 March 2010)

High Court (Family Division)

W v W [2010] EWHC 332 (Fam) (04 March 2010)

High Court (Queen’s Bench Division)

Goldberg & Ors v Miltiadous & Ors [2010] EWHC 450 (QB) (15 March 2010)

High Court (Technology and Construction Court)

Carillion JM Ltd v PHI Group Ltd [2010] EWHC 496 (TCC) (10 March 2010)

Hall & Anor v Van Der Heiden [2010] EWHC 537 (TCC) (15 March 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 15th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

McKeown v British Horseracing Authority [2010] EWHC 508 (QB) (12 March 2010)

High Court (Administrative Court)

Rowe, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 524 (Admin) (12 March 2010)

Cooperative Group Ltd, R (on the application of) v Northumberland County Council [2010] EWHC 373 (Admin) (12 March 2010)

Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) (12 March 2010)

Source: www.bailii.org

Agbaje v Agbaje – Times Law Reports

Posted March 15th, 2010 in law reports by sally

Agbaje v Agbaje

Supreme Court

“An English court was not required to apply a forum non conveniens test when considering whether it would be appropriate to make an order for financial relief following a divorce which had been granted in a foreign jurisdiction. The basis of the court’s power was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”

The Times, 15th March 2010

Source: www.timesonline.co.uk

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

Posted March 12th, 2010 in contracts, law reports, Supreme Court by sally

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th March 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.