law reports – Page 267 – Current Awareness

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same – WLR Daily

Posted July 31st, 2009 in insolvency, law reports, winding up by sally

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same [2009] EWHC 1912 (Ch); [2009] WLR (D) 262

“Although a contractual provision which had the effect of requiring a person who had become insolvent to be deprived of an asset conflicted with the principle that an insolvent’s assets would be available for distribution among his creditors and would generally be unenforceable, the principle did not invalidate contractual provisions which had the effect of prejudicing creditors of a company in the event of insolvency by the actual or effective removal of an asset from the insolvent estate.”

WLR Daily, 30th July 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 v Khan – WLR Daily

Posted July 31st, 2009 in diminished responsibility, homicide, law reports, mental health by sally

R v Khan [2009] EWCA Crim 1569; [2009] WLR (D) 261

“The circumstance that, on a charge of murder, there was unchallenged expert medical evidence that the defendant suffered from such abnormality of mind as to support a defence of diminished responsibility did not of itself necessitate the withdrawal of the charge from the jury.”

WLR Daily, 29th July 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 (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening – Times Law Reports

Posted July 31st, 2009 in law reports by sally

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening

House of Lords

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances that he would take into account in considering whether to prosecute persons such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

The Times, 31st July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 30th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Tuplin, R. v [2009] EWCA Crim 1572 (29 July 2009)

Tregalles, R. v [2009] EWCA Crim 1638 (29 July 2009)

Court of Appeal (Civil Division)

WL Gore & Associates GmbH v Geox SPA [2009] EWCA Civ 794 (29 July 2009)

Trade Electronix Ltd v Best Buy Today (Wholesale) Ltd & Anor [2009] EWCA Civ 828 (29 July 2009)

Nationwide Building Society v Wright & Anor [2009] EWCA Civ 811 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

High Court (Technology and Construction Court)

Corby Group Litigation, Re [2009] EWHC 1944 (TCC) (29 July 2009)

High Court (Patents Court)

Zeno Corp (Formerly Known As Tyrell Inc) & Anor v BSM-Bionic Solutions Management GmbH & Anor [2009] EWHC 1829 (Pat) (29 July 2009)

Source: www.bailii.org

Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – WLR Daily

Posted July 29th, 2009 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health [2009] EWCA Civ 795; [2009] WLR (D) 260

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

WLR Daily, 28th July 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.

Secretary of State for the Home Department v GG – WLR Daily

Posted July 29th, 2009 in control orders, law reports by sally

Secretary of State for the Home Department v GG [2009] EWCA Civ 786; [2009] WLR (D) 25

“There was no power to include in a control order a general requirement to submit to searches of the person.”

WLR Daily, 28th July 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.

Desmond v Bower – WLR Daily

Posted July 29th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower [2009] EWCA Civ 667; [2009] WLR (D) 258

“The reasoning of the judge refusing the defendant in a libel trial permission to call evidence of discreditable behaviour by the claimant subsequent to the alleged libel was a matter of law in which the appellate court was entitled to intervene. Evidence of discreditable behaviour similar to that described in the alleged libel could be admitted even though the evidence concerned behaviour subsequent to the libel.”

WLR Daily, 28th July 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.

Ryan v Islington London Borough Council – Times Law Reports

Posted July 29th, 2009 in law reports by sally

Ryan v Islington London Borough Council

Court of Appeal

“A tenant who wished to acquire her local authority flat under the right to buy scheme could not require the local authority to carry out remedial works to the property as a precondition to complying with a notice to complete.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 29th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Bannister, R. v [2009] EWCA Crim 1571 (28 July 2009)

CPS (Durham) v N [2009] EWCA Crim 1573 (28 July 2009)

Charles, R v [2009] EWCA Crim 1570 (28 July 2009)

K, R. v [2009] EWCA Crim 1640 (28 July 2009)

Court of Appeal (Civil Division)

Somerset County Council & Anor v Pike [2009] EWCA Civ 808 (28 July 2009)

George v Allied Healthcare (UK) [2009] EWCA Civ 756 (28 July 2009)

SRM Global Master Fund Lp & Ors v Her Majesty’s Treasury [2009] EWCA Civ 788 (28 July 2009)

Bookmakers’ Afternoon Greyhound Services Ltd & Ors v Amalgamated Racing Ltd & Ors [2009] EWCA Civ 750 (28 July 2009)

High Court (Chancery Division)

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 1912 (Ch) (28 July 2009)

High Court (Queen’s Bench Division)

Revenue & Customs Prosecutions Office v May & Anor [2009] EWHC 1826 (QB) (22 July 2009)

Willmore v Knowsley Metropolitan Borough Council [2009] EWHC 1831 (QB) (24 July 2009)

High Court (Administrative Court)

Mohan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1949 (Admin) (28 July 2009)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2009] EWHC 1918 (Admin) (28 July 2009)

Yeong v General Medical Council [2009] EWHC 1923 (Admin) (28 July 2009)

AN, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1921 (Admin) (28 July 2009)

High Court (Commercial Court)

Compania Sud-Americana De Vapores S.A. v Nippon Yusen Kaisha [2009] EWHC 1606 (Comm) (09 July 2009)

Source: www.bailii.org

Revenue and Customs Commissioners v Holland and Another – Times Law Reports

Posted July 28th, 2009 in law reports by sally

Revenue and Customs Commissioners v Holland and Another

Court of Appeal

“A human director of a company which in turn was a corporate director of a second company, could, in certain circumstances, be regarded as a de facto director of that second company but he would not be regarded as such automatically.”

The Times, 28th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009)

High Court (Chancery Division)

Heath v Kelly & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

High Court (Family Division)

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Y v I [2009] EWHC 1378 (Fam) (28 May 2009)

High Court (Administrative Court)

V, R (on the application of) v Asylum and Immigration Tribunal & Anor [2009] EWHC 1902 (Admin) (24 July 2009)

High Court (Technology and Construction Court)

Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC) (24 July 2009)

Source: www.bailii.org

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another – WLR Daily

Posted July 27th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257

“A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer.”

WLR Daily, 24th July 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.

Azaz v Denton – WLR Daily

Posted July 27th, 2009 in law reports, limitations, personal injuries by sally

Azaz v Denton [2009] EWHC 1759 (QB); [2009] WLR (D) 256

WLR Daily, 24th July 2009

“The three-year limitation period under s 11 of the Limitation Act 1980 applied to the whole action where a claim for damages for personal injuries was one of a number of claims.”

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.

Easterly Ltd v Headway plc – WLR Daily

Posted July 27th, 2009 in law reports, pensions, trusts, winding up by sally

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th July 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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th July 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 (F and another) v Secretary of State for Justice – WLR Daily

Posted July 27th, 2009 in criminal records, human rights, law reports, sexual offences by sally

R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25

“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”

WLR Daily, 24th July 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.

O’Donnell v Shanahan and another – WLR Daily

Posted July 27th, 2009 in company directors, fiduciary duty, law reports by sally

O’Donnell v Shanahan and another [2009] EWCA Civ 751; [2009] WLR (D) 252

“A company director had a duty to inform the company of a relevant business opportunity and could not make his own decision that the company would not be interested, and without more, appropriate the opportunity to himself.”

WLR Daily, 24th July 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.

Octagon Assets Ltd v Remblance and Another – Times Law Reports

Posted July 27th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon Assets Ltd v Remblance and Another

Court of Appeal

“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

In re X (a Child) (Rights of media attendance) – Times Law Reports

Posted July 27th, 2009 in family courts, law reports, media by sally

In re X (a Child) (Rights of media attendance)

Family Division

“The burden of satisfying the court that the media should be excluded from a hearing in family proceedings lay upon the party applying for the exclusion.”

The Times, 27th July 2009

Source: www.timesonline.co.uk