law reports – Page 265 – Current Awareness

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 11th, 2009 in abuse of process, customs and excise, law reports, VAT by sally

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”

WLR Daily, 10th August 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.

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) – Times Law Reports

Posted August 11th, 2009 in law reports by sally

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm)

House of Lords

“A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the defence of ex turpi causa non oritur actio.”

The Times, 11th August 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted August 10th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Roche, R. v [2009] EWCA Crim 1499 (07 July 2009)

Court of Appeal (Civil Division)

Strand Transport Services Ltd v Whitworth [2009] EWCA Civ 858 (06 August 2009)

High Court (Queen’s Bench)

Corus UK Ltd v Cavendish (UK) Ltd & Ors [2009] EWHC 2058 (QB) (07 August 2009)

Rostami, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2094 (QB) (07 August 2009)

High Court (Chancery Division)

Wyndham v Egremont & Ors [2009] EWHC 2076 (Ch) (07 August 2009)

Swissair, Re [2009] EWHC 2099 (Ch) (06 August 2009)

High Court (Technology and Construction Court)

Seele Austria GmbH & Co Kg v Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC) (06 August 2009)

High Court (Commercial Court)

Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2009] EWHC 2097 (Comm) (07 August 2009)

Rubin & Anor v Eurofinance SA & Ors [2009] EWHC B16 (Comm) (31 July 2009)

Source: www.bailii.org

Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – Times Law Reports

Posted August 10th, 2009 in law reports by sally

Regina (E) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health

Court of Appeal

“A policy of prohibiting smoking in the premises of an NHS trust, which had the consequence of a ban on smoking for those detained in a high security psychiatric hospital, did not violate the patients’ human rights and was lawful.”

The Times, 10th August 2009

Source: www.timesonline.co.uk

Rubin and another v Eurofinance SAand others – WLR Daily

Posted August 7th, 2009 in bankruptcy, debts, foreign jurisdictions, law reports, legal personality by sally

Rubin and another v Eurofinance SAand others [2009] WLR (D) 282

“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”

WLR Daily, 6th August 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.

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Posted August 7th, 2009 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 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 Cooper (Gary Anthony) – Times Law Reports

Posted August 7th, 2009 in consent, law reports, mental health, sexual offences by sally

Regina v Cooper (Gary Anthony)

House of Lords

“An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A’s sexual touching of B who was unable to refuse through a mental disorder. Inability to communicate any choice made was not limited to physical inability.”

The Times, 7th August 2009

Source: www.timesonline.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust – Times Law Reports

Posted August 6th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust

Court of Appeal

“A hospital doctor who was subject to disciplinary proceedings brought by his employer was entitled under the contract of employment to be represented at the hearing by a lawyer instructed or employed by his medical defence organisation.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

In re P-J (Children) (Abduction: Consent) – Times Law Reports

Posted August 6th, 2009 in child abduction, consent, law reports by sally

In re P-J (Children) (Abduction: Consent)

Court of Appeal

“Consent to the removal of a child from one jurisdiction to another had to be real and subsist at the time of the removal.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted August 6th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Meachen v R [2009] EWCA Crim 1701 (05 August 2009)

Court of Appeal (Civil Division)

Sainsbury’s Supermarkets Ltd v Wolverhampton City Council [2009] EWCA Civ 835 (31 July 2009)

High Court (Chancery Division)

Matalan Retail Ltd v Revenue and Customs [2009] EWHC 2046 (Ch) (05 August 2009)

High Court (Administrative Court)

X Endowed Primary School v Special Educational Needs and Disability Tribunal & Ors [2009] EWHC 1842 (Admin) (23 July 2009)

High Court (Technology and Construction Court)

Adonis Construction v O’Keefe Soil Remediation [2009] EWHC 2047 (TCC) (05 August 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 5th, 2009 in law reports by sally

Court of Appeal (Civil Division)

NR(Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 856 (05 August 2009)

High Court (Queen’s Bench Division)

Rabone & Anor v Pennine Care NHS Trust [2009] EWHC 1827 (QB) (23 July 2009)

High Court (Technology and Construction Court)

Vision Homes Ltd v Lancsville Construction Ltd [2009] EWHC 2042 (TCC) (04 August 2009)

Source: www.bailii.org

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted August 5th, 2009 in disclosure, law reports, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 2

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Comrs [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 3rd August 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.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 5th, 2009 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 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.

Metrobus Ltd v Unite the Union – WLR Daily

Posted August 5th, 2009 in ballots, industrial action, injunctions, law reports, trade unions by sally

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279

“Where an employer sought an injunction to restrain a strike, a union’s failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the result of the ballot could justify the grant of an injunction restraining the strike. S 231A, and also ss 226 and 234A, were not disproportionate restrictions on the rights of association conferred by art 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The obligations under those sections could not be regarded as onerous so that they could be said to constitute a serious impediment on a union’s ability to call a strike.”

WLR Daily, 3rd August 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.

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted August 5th, 2009 in compulsory purchase, law reports, planning by sally

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”

WLR Daily, 3rd August 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 Tilley – Times Law Reports

Posted August 5th, 2009 in benefits, fraud, law reports, social security by sally

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted August 4th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No 23 of 2009 [2009] EWCA Crim 1683 (07 July 2009)

Court of Appeal (Civil Division)

Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 (31 July 2009)

High Court (Chancery Division)

Occlutech GmbH v Aga Medical Corp [2009] EWHC 2013 (Ch) (31 July 2009)

Source: www.bailii.org

Desmond v Bower – Times Law Reports

Posted August 4th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower

Court of Appeal

“A defendant who wished to call similar-fact evidence to justify an alleged libel was entitled to do so even though the evidence related to events after the libel was published.”

The Times, 4th August 2009

Source: www.timesonline.co.uk

Regina v McMorris and Others; Attorney-General’s References Nos 8, 9 and 10 of 2009 – Times Law Reports

Posted August 4th, 2009 in grievous bodily harm, law reports, rape, sentencing by sally

Regina v McMorris and Others; Attorney-General’s References Nos 8, 9 and 10 of 2009

Court of Appeal (Criminal Division)

“A sentencing judge was entitled to impose a more severe sentence than that indicated by the Sentencing Guidelines Council if, in the circumstances, that was what justice required.”

The Times, 4th August 2009

Source: www.timesonline.co.uk