Category: law reports

Shah and another v HSBC Private Bank (UK) Ltd – WLR Daily

Posted February 8th, 2010 in appeals, banking, law reports, money laundering by sally

Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27

“Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ‘suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty.”

WLR Daily, 5th 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.

R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted February 8th, 2010 in appeals, costs, forfeiture, law reports by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’  in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th 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.

Attorney General’s Reference (No 79 of 2009) – WLR Daily

Posted February 8th, 2010 in attorney general, law reports, sentencing by sally

Attorney General’s Reference (No 79 of 2009) [2010] WLR (D) 25

“In considering whether a sentence was unduly lenient the question for the Court of Appeal was whether the sentencing judge had, on the material presented to the Crown Court, erred in principle.”

WLR Daily, 5th 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.

R (Degainis) v Secretary of State for Justice – WLR Daily

Posted February 8th, 2010 in damages, detention, law reports by sally

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

 “When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th 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.

National Navigation Co v Endesa Generacion SA – Times Law Reports

Posted February 8th, 2010 in law reports by sally

National Navigation Co v Endesa Generacion SA

Court of Appeal

“A judgment by a member state of the European Union, which ruled that an arbitration clause had not been incorporated into a contract and that proceedings should not be declined for that reason, although not on the merits of the case, was one that had to be enforced so that the English court was prevented from deciding the point differently.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 5th, 2010 in law reports by sally

Supreme Court

HM Treasury v Ahmed & Ors [2010] UKSC 5 (04 February 2010)

Court of Appeal (Criminal Division)

Hancox & Anor v R. [2010] EWCA Crim 102 (04 February 2010)

Court of Appeal (Civil Division)

Perinpanathan, R (on the application of) v City of Westminster Magistrates Court & Anor [2010] EWCA Civ 40 (04 February 2010)

The Port of London Authority v Ashmore [2010] EWCA Civ 30 (04 February 2010)

Republic of Argentina v NML Capital Ltd [2010] EWCA Civ 41 (04 February 2010)

High Court (Chancery Division)

Griffin v Uhy Hacker Young & Partners (a firm) [2010] EWHC 146 (Ch) (04 February 2010)

High Court (Administrative Court)

Fidler v Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin) (03 February 2010)

Chester, R (on the application of) v The Governor of HMP Wakefield [2010] EWHC 63 (Admin) (22 January 2010)

Source: www.bailii.org

Regina v Iqbal – WLR Daily

Posted February 5th, 2010 in appeals, confiscation, law reports, time limits by sally

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th 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.

Regina v Barker (Steven) – Times Law Reports

Posted February 5th, 2010 in law reports by sally

Regina v Barker (Steven)

Court of Appeal (Criminal Division)

“It was not necessarily appropriate for a defence advocate to conduct detailed crossexamination of a child witness at trial in respect of evidence purported to undermine that child’s credibility.”

The Times, 5th February 2010

Source: www.timesonline.co.uk

R v Hussain (Shabbir) – WLR Daily

Posted February 4th, 2010 in appeals, drug offences, law reports, medicines by sally

R v Hussain (Shabbir) [2010] WLR (D) 22

“A possessor of drugs did not commit an offence contrary to ss 4(1) and 5(3) of the Misuse of Drugs Act 1971 if he intended to supply the drugs outside the jurisdiction.”

WLR Daily, 3rd 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.

Grays Timber Products Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 4th, 2010 in appeals, income tax, law reports, shareholders by sally

Grays Timber Products Ltd v Revenue and Customs Commissioners [2010] UKSC 4; [ 2010] WLR (D) 21

“In assessing whether employment-related securities had been disposed of for a consideration which exceeded their ‘market value’, so as to occasion a charge to income tax, it was necessary to postulate a notional sale between a hypothetical vendor and purchaser, with the personal characteristics of the actual vendor, such as his right under a subscription agreement to a disproportionately large part of the consideration paid, being ignored.”

WLR Daily, 3rd 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.

Grays Timber Products Ltd v Revenue and Customs Commissioners – Times Law Reports

Posted February 4th, 2010 in law reports by sally

Grays Timber Products Ltd v Revenue and Customs Commissioners

Supreme Court

“In assessing whether employment-related securities had been disposed of for a price which exceeded their market value, so as to occasion a charge to income tax, it was necessary to postulate a notional sale between a hypothetical vendor and purchaser, with the personal characteristics of the actual vendor, such as his right under a subscription agreement to a disproportionately large part of the consideration paid, being ignored.”

The Times, 4th February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hamidi & Anor, R. v [2010] EWCA Crim 66 (02 February 2010)

Court of Appeal (Civil Division)

JML Direct Ltd. v Freesat UK Ltd [2010] EWCA Civ 34 (02 February 2010)

Muschett v HM Prison Service [2010] EWCA Civ 25 (02 February 2010)

Revenue & Customs v Tower MCashback LLP 1 & Anor [2010] EWCA Civ 32 (02 February 2010)

High Court (Administrative Court)

Al-Le Logistics Ltd & Ors, R (on the application of) v Traffic Commissioner for the South Eastern and Metropolitan Traffic Area & Anor [2010] EWHC 134 (Admin) (02 February 2010)

High Court (Commercial Court)

Transfield Shipping Inc v Chiping Xinfa Huayu Alumina Co Ltd [2009] EWHC 3642 (Comm) (22 December 2009)

Great Western Trains Company Ltd v Network Rail Infrastructure Ltd [2010] EWHC 117 (Comm) (02 February 2010)

Porton Capital Technology Funds & Anor v 3m UK Holdings Ltd & Anor [2010] EWHC 114 (Comm) (02 February 2010)

Source: www.bailii.org

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 3rd, 2010 in appeals, change of use, housing, law reports, planning by sally

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Byers and others v Yacht Bull Corpn and another – WLR Daily

Posted February 3rd, 2010 in insolvency, jurisdiction, law reports, winding up by sally

Byers and others v Yacht Bull Corpn and another [2010] EWHC 133 (Ch); [2010] WLR (D) 18

“A claim to beneficial ownership of a yacht did not fall within the exception contained in art 1(2)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters so that the Regulation did not apply to ‘proceedings relating to the winding up of insolvent companies’.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Khan v United Kingdom – Times Law Reports

Posted February 3rd, 2010 in law reports by sally

Khan v United Kingdom

European Court of Human Rights

“The deportation of a Pakistani national who had lived in the United Kingdom since the age of three would be a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to a family life.”

The Times, 3rd February 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 2nd, 2010 in law reports by sally

High Court (Chancery Division)

American Express Services Europe Ltd v HM Revenue & Customs [2010] EWHC 120 (Ch) (29 January 2010)

Byers & Ors (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation & Anor [2010] EWHC 133 (Ch) (01 February 2010)

High Court (Family Division)

S (A Child), Re [2010] EWHC B1 (Fam) (04 January 2010)

High Court (Administrative Court)

Hines v Secretary of State for the Home Department [2010] EWHC 69 (Admin) (26 January 2010)

High Court (Commercial Court)

Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) (01 February 2010)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2010] EWHC 128 (Comm) (01 February 2010)

Source: www.bailii.org

Thornton and another v Director of Public Prosecutions – WLR Daily

Posted February 2nd, 2010 in appeals, judiciary, law reports, sentencing by sally

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st 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.

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st 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.

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st 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.

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st 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.