law reports – Page 245 – Current Awareness

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 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.

Jayasinghe v Liyanage – WLR Daily

Posted February 19th, 2010 in jurisdiction, land registration, law reports by sally

Jayasinghe v Liyanage [2010] EWHC 265 (Ch); [2010] WLR (D) 44

“The adjudicator to the Land Registry had jurisdiction to conduct a trial of the question of beneficial entitlement to property where an objection to an application was made to the registrar and the matter referred to the adjudicator under s 73(7) of the Land Registration Act 2002.”

WLR Daily, 18th February 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.

Ali and Another v Birmingham City Council – Times Law Reports

Posted February 19th, 2010 in law reports by sally

Ali and Another v Birmingham City Council

Supreme Court

“The provision of social welfare benefits, such as accommodation for the homeless, which were dependent on upon a series of evaluative judgments by the responsible authority as to whether the statutory criteria were satisfied and how a claimant’s need ought to be met, did not involve a determination of the claimant’s civil rights within the meaning of article 6.1 of the European Convention on Human Rights.”

The Times, 19th February 2010

Source: www.timesonline.co.uk

Bilkus v Stockler Brunton (a firm) – WLR Daily

Posted February 18th, 2010 in appeals, costs, law reports, solicitors by sally

Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43

“When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work.”

WLR Daily, 17th February 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.

O’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

“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 to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 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.

Eweida v British Airways plc – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Eweida v British Airways plc

Court of Appeal

“Because it was not a requirement of Christianity that adherents had to wear a public display of their faith, it was not indirect discrimination for an employer’s dress code to prevent a staff member from wearing a cross as a visible neck adornment.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Posted February 18th, 2010 in law reports by sally

Regina (Ghai) v Newcastle upon Tyne City Council

Court of Appeal

“A generous, rather than a restricted construction should be given to the word ‘building’ in the Cremation Act 1902.”

The Times, 18th February 2010

Source: www.timesonline.co.uk

Drew v Whitbread plc – WLR Daily

Posted February 17th, 2010 in costs, law reports by sally

Drew v Whitbread plc [2010] EWCA Civ 53; [2010] WLR (D) 41

“A party was not precluded from raising a matter before a costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs. Consequently a party could raise with the costs judge the issue that the case should have been a fast track case with costs assessed accordingly. The costs judge was not entitled simply to say that the costs would be assessed as if it were a fast track case but should proceed on the basis that the fact that the case should have been fast track was something to be taken into account when assessing costs.”

WLR Daily, 17th February 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.

Three not guilty over Birmingham riot death – BBC News

Posted February 17th, 2010 in appeals, law reports, murder, public order by sally

“Three men accused of murdering a 23-year-old man during riots in Birmingham have been found not guilty.”

Full story

BBC News, 17th February 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 17th, 2010 in law reports by sally

Supreme Court

Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (17 February 2010)

Court of Appeal (Civil Division)

Harley & Ors v Smith & Anor [2010] EWCA Civ 78 (17 February 2010)

Actavis UK Ltd v Novartis AG [2010] EWCA Civ 82 (17 February 2010)

Davies & Anor, R (on the application of) v HM Revenue & Customs [2010] EWCA Civ 83 (16 February 2010)

Virdi v The Law Society of England and Wales & Anor [2010] EWCA Civ 100 (16 February 2010)

Smith v Youth Justice Board for England and Wales & Anor [2010] EWCA Civ 99 (16 February 2010)

Bilkus v Stockler Brunton (A Firm) [2010] EWCA Civ 101 (16 February 2010)

Court of Appeal (Criminal Division)

Barry, R v [2010] EWCA Crim 195 (17 February 2010)

Source: www.bailii.org

Allison v HM Advocate – Times Law Reports

Posted February 17th, 2010 in criminal records, disclosure, law reports, Scotland, witnesses by sally

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – Times Law Reports

Posted February 17th, 2010 in law reports by sally

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

Court of Appeal

“It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out.”

The Times, 16th February 2010

Source: www.timesonline.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Posted February 17th, 2010 in law reports, remuneration, trade unions, transfer of undertakings by sally

Alemo-Herron and Others v Parkwood Leisure Ltd

Court of Appeal

“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same – Times Law Reports

Posted February 17th, 2010 in law reports by sally

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same

Court of Appeal

“The Home Secretary would have to show very serious reasons to justify the removal, on the basis of a criminal conviction, of a settled migrant who had spent the major part of his/her childhood in the United Kingdom, if it would interfere with the Convention right to respect for his/her private and family life.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 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 February 16th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] EWCA Civ 79 (15 February 2010)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 206 (Admin) (15 February 2010)

High Court (Chancery Division)

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd [2010] EWHC 216 (Ch) (15 February 2010)

Rolfe & Anor v Bernard Samuel Rolfe Tulsesense Ltd [2010] EWHC 244 (Ch) (15 February 2010)

High Court (Technology and Construction Court)

Banner Holdings Ltd v Colchester Borough Council [2010] EWHC 139 (TCC) (29 January 2010)

Source: www.bailii.org

Martin v Secretary of State for Work and Pensions – Times Law Reports

Posted February 16th, 2010 in law reports by sally

Martin v Secretary of State for Work and Pensions

Court of Appeal

“The value of a property in France held by a social security recipient living in France could be included in his capital, thus depriving him of his benefit even if the property was held on trust for a third party since an implied trust was unknown in French law.”

The Times, 16th February 2010

Soure: www.timesonline.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 16th, 2010 in enforcement notices, housing, law reports, planning by sally

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 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.