Islington London Borough Council v Ladele – Times Law Reports

Posted January 4th, 2010 in law reports by sally

Islington London Borough Council v Ladele

Court of Appeal

“A local authority was entitled to compel a registrar to officiate at the registrations of same-sex civil partnerships although she objected to such unions on the ground of her religious beliefs.”

The Times, 1st January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 21st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Papas Olio JSC v Grains & Fourrages SA & Anor [2009] EWCA Civ 1401 (18 December 2009)

Land Securities Plc & Ors v Fladgate Fielder (A Firm) [2009] EWCA Civ 1402 (18 December 2009)

Perrett, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWCA Civ 1365 (18 December 2009)

P, R (on the application of) v HM Coroner for the District of Avon [2009] EWCA Civ 1367 (18 December 2009)

Court of Appeal (Criminal Division)

Badza v R [2009] EWCA Crim 1363 (15 December 2009)

Round & Anor v R [2009] EWCA Crim 2667 (16 December 2009)

Evans, R v [2009] EWCA Crim 2668 (16 December 2009)

Appleby, R v [2009] EWCA Crim 2693 (18 December 2009)

High Court (Administrative Court)

Johnson, R (on the application of) v Secretary of State for Justice [2009] EWHC 3336 (Admin) (18 December 2009)

High Court (Chancery Division)

Amin & Anor v Amin & Ors [2009] EWHC 3356 (Ch) (18 December 2009)

Mills & Ors v HSBC Trustee (C.I) Ltd & Ors> [2009] EWHC 3377 (Ch) (18 December 2009)

Cinnamon European Structured Credit Master Fund v Banco Commercial Portugues SA [2009] EWHC 3381 (Ch) (18 December 2009)

High Court (Commercial Court)

AS Klaveness Chartering v Pioneer Freight Futures Co Ltd & Anor [2009] EWHC 3386 (Comm) (18 December 2009)

Lantic Sugar Ltd & Anor v Baffin Investments Ltd [2009] EWHC 3325 (Comm) (18 December 2009)

Double K Oil Products 1996 Ltd v Neste Oil Oyj [2009] EWHC 3380 (Comm) (18 December 2009)

High Court (Family Division)

Salford City Council v BJ [2009] EWHC 3310 (Fam) (11 December 2009)

High Court (Queen’s Bench Division)

Sklair v Haycock [2009] EWHC 3328 (QB) (16 December 2009)

Accident Exchange Ltd v Autofocus Ltd [2009] EWHC 3304 (QB) (16 December 2009)

Nayyar & Ors v Sapte & Anor [2009] EWHC 3218 (QB) (16 December 2009)

Howe v Houlton & Ors [2009] EWHC 3344 (QB) (18 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 21st, 2009 in law reports by sally

The Designation of Schools having a Religious Character (England) Order 2009

The Biofuel (Labelling) (Amendment) Regulations 2009

The Community Legal Service (Financial) (Amendment No. 3) Regulations 2009

The Accounts and Audit (Amendment No. 2) (England) Regulations 2009

The Climate Change Levy (Solid Fuel) (Revocation) Regulations 2009

The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2009

The Blood Safety and Quality (Modification) Regulations 2009

www.opsi.gov.uk

Cotton v Secretary of State for Work and Pensions – WLR Daily

Posted December 18th, 2009 in benefits, holiday pay, law reports by sally

Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372

“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”

WLR Daily, 17th December 2009

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.

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily

Posted December 18th, 2009 in client accounts, insolvency, law reports, trusts by sally

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371

“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”

WLR Daily, 17th December 2009

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 v Round; Reginav Dunn – WLR Daily

Posted December 18th, 2009 in law reports, sentencing by sally

Regina v Round; Reginav Dunn [2009] EWCA Crim 2667; [2009] WLR (D) 370

“It was not incumbent on sentencing judges to structure consecutive sentences differently from the ordinary manner of expressing their sentences in order to maximise the uncertain possibilities of home detention curfew.”

WLR Daily, 17th December 2009

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.

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Posted December 18th, 2009 in agency, conflict of laws, fraud, jurisdiction, law reports by sally

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

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.

In re S-B (Children) (Care proceedings: Standard of proof) – Times Law Reports

Posted December 18th, 2009 in law reports by sally

In re S-B (Children) (Care proceedings: Standard of proof)

Supreme Court

“When considering who caused injury to a child out of a pool of two or more potential perpetrators, the standard of proof was the civil standard of the balance of probabilities and that standard did not vary according the gravity of the injuries or conduct alleged.”

The Times, 18th December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 18th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Global Process Systems Inc & Anor v Berhad [2009] EWCA Civ 1398 (17 December 2009)

Boots Company Plc v HM Revenue & Customs [2009] EWCA Civ 1396 (17 December 2009)

National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 (17 December 2009)

Cooper & Ors v Fanmailuk.Com Ltd & Anor [2009] EWCA Civ 1368 (17 December 2009)

High Court (Queen’s Bench Division)

Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)

Patel v Patel [2009] EWHC 3264 (QB) (10 December 2009)

High Court (Chancery Division)

Cattles Plc v Welcome Financial Services Ltd & Ors [2009] EWHC 3027 (Ch) (14 December 2009)

Court & Ors v Despallieres [2009] EWHC 3340 (Ch) (17 December 2009)

High Court (Administrative Division)

Harrison v Secretary of State for Communities and Local Government & Anor [2009] EWHC 3382 (Admin) (16 December 2009)

Birmingham City Council, R (on the application of) v Birmingham Crown Court [2009] EWHC 3329 (Admin) (17 December 2009)

High Court (Commercial Court)

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2009] EWHC 3318 (Comm) (17 December 2009)

Source: www.bailii.org

R (E) v Governing Body of JFS and another (United Synagogue and others intervening) – WLR Daily

Posted December 17th, 2009 in Judaism, law reports, race discrimination, school admissions by sally

R (E) v Governing Body of JFS and another (United Synagogue and others intervening) [2009] UKSC 15; [2009] WLR (D) 366

“A Jewish school which, in the event of the school being oversubscribed, gave priority to children who were recognised as Jews according to the tenets of Orthodox Judaism, ie the children of mothers who were Jews by either birth or conversion, was operating a policy which discriminated on the grounds of ethnic origin and, therefore, constituted racial discrimination under s 1(1)(a) of the Race Relations Act 1976.”

WLR Daily, 16th December 2009

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.

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 17th, 2009 in law reports, sponsored immigrants, third parties by sally

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367

“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”

WLR Daily, 16th December 2009

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 (E) v Governing Body of JFS and Another, United Synagogue and Others intervening – Times Law Reports

Posted December 17th, 2009 in Judaism, law reports, race discrimination, school admissions by sally

Regina (E) v Governing Body of JFS and Another, United Synagogue and Others intervening

Supreme Court

“The admissions policy of a Jewish school which gave priority, in the event of oversubscription, to children who were recognised as Jews under the standard Orthodox test of matrilineal descent, someone whose mother was a Jew either by birth or conversion, was discriminatory on the ground of ethnic origin and was thus racial discrimination.”

The Times, 17th December 2009

Source: www.timesonline.co.uk

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

Posted December 17th, 2009 in arbitration, enforcement, law reports, limitations by sally

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

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.

Wallis v Bristol Water Plc – WLR Daily

Posted December 17th, 2009 in contamination, law reports, statutory interpretation, water by sally

Wallis v Bristol Water Plc [2009] WLR (D) 362

“For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was “likely to cause contamination” of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 the water undertaker had to show that there was a real possibility that the manner of connection of the water fitting would cause contamination.”

WLR Daily, 14th December 2009

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.

Pedro v Secretary of State for Work and Pensions – WLR Daily

Posted December 17th, 2009 in citizenship, EC law, freedom of movement, law reports by sally

Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; [2009] WLR (D) 363

“A dependent family member of an EU national who retained worker status should be treated as living in Great Britain under the terms of art 2 of Council Directive 2004/38/EC (the Citizenship Directive) for the purpose of considering the dependent’s eligibility for a United Kingdom pension credit.”

WLR Daily, 15th December 2009

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.

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same – WLR Daily

Posted December 17th, 2009 in EC law, fixed-term contracts, law reports, teachers, unfair dismissal by sally

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same [2009] EWCA Civ 1355; [2009] WLR (D) 36

“The rule embodied in the staff regulations made by the board of governors of the European Schools, limiting to nine years the period of employment of teachers seconded by the Department of Children, Schools and Families to work in the schools, did not meet the objective justification required by Council Directive 99/70/EC and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.”

WLR Daily, 15th December 2009

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.

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

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.

Financial Times Ltd and Others v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Financial Times Ltd and Others v United Kingdom

European Court of Human Rights

“The public interest in the protection of journalists’ sources was sufficient to outweigh any threat of damage through future dissemination of a company’s confidential information or any possibility of obtaining damages for past breaches of confidence, even if considered cumulatively.”

The Times, 16th December 2009

Source: www.timesonline.co.uk

Axa Insurance Ltd v Akhter & Darby and Others – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Axa Insurance Ltd v Akhter & Darby and Others

Court of Appeal

“An insurer’s cause of action for negligent advice by insured solicitors accrued when after-the-event insurance cover, creating contingent liability, had been issued to defendant solicitors to protect costs and expenses of litigants to bring actions and not when the litigants’ claims failed thereby causing financial loss to the insurer.”

The Times, 15th December 2009

Source: www.timesonline.co.uk

Omojudi v United Kingdom – Times Law Reports

Posted December 17th, 2009 in law reports by sally

Omojudi v United Kingdom

European Court of Human Rights

“Deporting a sex offender who had indefinite leave to remain and had lived in the United Kingdom for 26 years was disproportionate and a breach of his right to a family life.”

The Times, 15th December 2009

Source: www.timesonline.co.uk