BAILII: Recent Decisions

Posted November 4th, 2009 in law reports by sally

High Court (Patents Court)

Grimme Landmaschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2009] EWHC 2691 (Pat) (03 November 2009)

High Court (Queen’s Bench Division)

ABC & Ors v CDE & Ors [2009] EWHC 2718 (QB) (03 November 2009)

Winslet v Associated Newspapers Ltd [2009] EWHC 2735 (QB) (03 November 2009)

Debt Collection London Ltd & Anor v SK Slavia Praha- Fotbal AS [2009] EWHC 2726 (QB) (03 November 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 3rd, 2009 in law reports by sally

High Court (Chancery Division)

A1 Lofts Ltd v Revenue and Customs [2009] EWHC 2694 (Ch) (30 October 2009)

Sectorguard Plc v Dienne Plc [2009] EWHC 2693 (Ch) (03 November 2009)

High Court (Queen’s Bench Division)

Accentuate Ltd v Asigra Inc (A Company Incorporated In Canada) [2009] EWHC 2655 (QB) (30 October 2009)

Source: www.bailii.org

 

Regina (Chester) v Secretary of State for Justice and Another – Times Law Reports

Posted November 3rd, 2009 in law reports by sally

Regina (Chester) v Secretary of State for Justice and Another

Queen’s Bench Division

“An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in the process of laying proposals before Parliament in response to a ruling of the European Court of Justice.”

The Times, 3rd November 2009

Source: www.timesonline.co.uk

Parents who cheat to get child into a good school may face court – The Times

Posted November 3rd, 2009 in law reports, news by sally

“Parents who ‘steal’ places for their children at the most popular schools should face tough new penalties, a report by a government adviser recommended yesterday.”

Full story

The Times, 3rd November 2009

Source: www.timesonline.co.uk

BAILII – Recent Decisions

Posted November 2nd, 2009 in law reports by sally

High Court (Administrative Court)

Ellerton, R (on the application of) v Secretary of State for Justice [2009] EWHC 2661 (Admin) (28 October 2009)

Brown v Carlisle City Council & Anor [2009] EWHC 2519 (Admin) (16 October 2009)

RSPCA v Johnson [2009] EWHC 2702 (Admin) (16 October 2009)

Gerstenkorn v General Medical Council [2009] EWHC 2682 (Admin) (12 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 2nd, 2009 in law reports by sally

Supreme Court

Sigma Finance Corporation, Re [2009] UKSC 2 (29 October 2009)

Court of Appeal (Civil Division)

Trustees Ltd v Papakyriacou & Anor [2009] EWCA Civ 1089 (27 October 2009)

Somjee v Barnsley District General Hospital NHS Foundation Trust [2009] EWCA Civ 1126 (30 October 2009)

Petroleo Brasilieiro S.A v E.N.E Kos 1 Ltd [2009] EWCA Civ 1127 (30 October 2009)

Court of Appeal (Criminal Division)

Gibbon & Ors, R v [2009] EWCA Crim 2198 (16 October 2009)

Diamond, R v [2009] EWCA Crim 2193 (12 October 2009)

Britton, R v [2009] EWCA Crim 1915 (23 September 2009)

Source: www.bailii.org

BTA Bank JSC v Ablyazov and others – WLR Daily

Posted November 2nd, 2009 in disclosure, law reports, proceeds of crime, self-incrimination by sally
“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

Posted November 2nd, 2009 in confidentiality, criminal records, disclosure, law reports, police by sally
“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
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 October 30th, 2009 in law reports by sally

High Court (Technology and Construction Court)

SG South Ltd. v King’s Head Cirencester LLP & Anor [2009] EWHC 2645 (TCC) (29 October 2009)

ROK Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC) (30 October 2009)

Source: www.bailii.org

Earles v Barclays Bank plc – WLR Daily

Posted October 30th, 2009 in contracts, costs, disclosure, electronic filing, law reports by sally

Earles v Barclays Bank plc [2009] EWHC 2500 (Mercantile); [2009] WLR (D) 309

“Although there was no duty on the parties to preserve documents prior to the commencement of proceedings, after proceedings had begun, the situation was radically different. That was particularly so in relation to electronic information stored by a bank.”

WLR Daily, 29th October 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.

 

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) – WLR daily

Posted October 30th, 2009 in EC law, law reports, res judicata, trade marks by sally

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-140/08); [2009] WLR (D) 308

“In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition proceedings, since no force of res judicata attaches to such decisions.”

WLR Daily, 29th October 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.

 

Ali v Birmingham City Council – Times Law Reports

Posted October 30th, 2009 in law reports by sally

Ali v Birmingham City Council

Court of Appeal

“The words ‘inform’ and ‘notify’ did not necessarily mean the same thing. In section 193(5) of the Housing Act 1996, ‘inform’ applied to the content of a notice and required more from a local authority than ‘notify’; it also included ‘make sure that it was understood’.”

The Times, 30th October 2009

Source: www.timesonline.co.uk

Joseph and Others v Spiller and Another – Times Law Reports

Posted October 30th, 2009 in law reports by sally

Joseph and Others v Spiller and Another

Court of Appeal

“Where terms in an agency contract were unlawfully contained in a separate document to the main contract, that breach did not necessarily operate to render the entire contract, or even the terms themselves, unenforceable.”

The Times, 30th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 29th, 2009 in law reports by sally

Supreme Court

L, R (on the application of) v Commissioner of Police of the Metropolis [2009] UKSC 3 (29 October 2009)

High Court (Chancery Division)

Bishops Wholesale Newsagency Ltd & Ors v Surridge Dawson Ltd [2009] EWHC 2578 (Ch) (28 October 2009)

Gaetano Ltd v Obertor Ltd [2009] EWHC 2653 (Ch) (29 October 2009)

High Court (Technology and Construction Court)

Amsprop Ltd v ITW Ltd (t/a Hobart UK) [2009] EWHC 2689 (TCC) (29 October 2009)

High Court (Commercial Court)

Marine Trade SA v Pioneer Freight Futures Co Ltd BVI & Anor [2009] EWHC 2656 (Comm) (29 October 2009)

High Court (Patents Court)

Boegli-Gravures SA v Darsail-Asp Ltd & Anor [2009] EWHC 2690 (Pat) (29 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 29th, 2009 in law reports by sally

High Court (Chancery Division)

Quest Advisors Ltd v McFeely & Anor [2009] EWHC 2651 (Ch) (22 October 2009)

High Court (Queen’s Bench Division)

Miller v Bull (Returning Officer of Herefordshire Council) & Ors [2009] EWHC 2640 (QB) (28 October 2009)

Sir John Fitzgerald Ltd v Macarthur [2009] EWHC 2659 (QB) (28 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 28th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

McAuley, R. v [2009] EWCA Crim 2130 (08 October 2009)

Bradshaw, R. v [2009] EWCA Crim 2113 (09 October 2009)

Court of Appeal (Civil Division)

JSC BTA Bank v Ablyazov & Ors [2009] EWCA Civ 1125 (27 October 2009)

White v Withers Llp & Ors ] EWCA Civ 1122 (27 October 2009)

Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)

Grace v The Commissioners for Her Majesty’s Revenue and Customs [2009] EWCA Civ 1082 (28 October 2009)

High Court (Chancery Division)

Thames Valley Housing Association Ltd & Ors v Elegant Homes (Guernsey) Ltd & Ors [2009] EWHC 2647 (Ch) (27 October 2009)

High Court (Commercial Court)

Cooper Tire & Rubber Co & Ors v Shell Chemicals UK Ltd & Ors [2009] EWHC 2609 (Comm) (27 October 2009)

High Court (Technology and Construction Court)

Mayhaven Healthcare Ltd v Bothma & Anor (t/a DAB Builders) [2009] EWHC 2634 (TCC) (26 October 2009)

Source: www.bailii.org

4 Eng Ltd v Harper and others (No 2) – WLR Daily

Posted October 28th, 2009 in fraud, insolvency, law reports by sally

4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307

“Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss 423(2) and 425 of the Insolvency Act 1986 should take into account the mental state of the transferee of property under a relevant transaction, or of any other person against whom an order was sought, and the degree of their involvement in the fraudulent scheme of the debtor/transferor to put assets out of the reach of his creditors.”

WLR Daily, 26th October 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.

Joseph and others v Spiller and another – WLR Daily

Posted October 28th, 2009 in contracts, law reports by sally

Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306

“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”

WLR Daily, 26th October 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.

Hunt v AB – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Hunt v AB

Court of Appeal

“A person acquitted of rape did not have a cause of action in tort for malicious prosecution against the complainant, unless it could be shown that the complainant had deliberately manipulated the police and the Crown Prosecution Service into taking a course which they would not otherwise have taken.”

The Times, 28th October 2009

Source: www.timesonline.co.uk

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening

Court of Appeal

Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.

The Times, 28th October 2009

Source: www.timesonline.co.uk