law reports – Page 275 – Current Awareness

Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily

Posted June 15th, 2009 in abuse of process, assignment, law reports, limitations, pleadings, striking out by sally

Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183

“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”

WLR Daily, 12th June 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.

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily

Posted June 15th, 2009 in EC law, law reports, trade marks by sally

Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182

“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”

WLR Daily, 12th June 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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 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 AF (No 3); Same v AN; Same v AE – WLR Daily

Posted June 15th, 2009 in closed material, control orders, human rights, law reports, legal representation, terrorism by sally

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 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.

Ainsworth and Others v Inland Revenue Commissioners – Times Law Reports

Posted June 15th, 2009 in holiday pay, law reports, remuneration, sick leave by sally

Ainsworth and Others v Inland Revenue Commissioners

House of Lords

“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

(HR) (Portugal) v Secretary of State for the Home Department – Times Law Reports

Posted June 15th, 2009 in deportation, EC law, imprisonment, law reports by sally

(HR) (Portugal) v Secretary of State for the Home Department

Court of Appeal

“Time spent in jail in the United Kingdom by a national of the European Economic Area was not counted when calculating whether he had live in the country continuously for at least ten years before the decision to deport him.”

Times Law Reports, 15th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Freeman v London Borough of Islington [2009] EWCA Civ 536 (11 June 2009)

B (A Child), Re [2009] EWCA Civ 545 (11 June 2009)

Pickthall & Anor v Hill Dickinson Llp [2009] EWCA Civ 543 (11 June 2009)

High Court (Administrative Court)

A.S., R (on the application of) v Secretary of State for Justice [2009] EWHC 1315 (Admin) (08 June 2009)

High Court (Chancery Division)

Revenue and Customs v The Rank Group [2009] EWHC 1244 (Ch) (08 June 2009)

Supperstone v Hurst & Anor [2009] EWHC 1271 (Ch) (08 June 2009)

Mastercigars Direct Ltd v Withers LLP [2009] EWHC 1295 (Ch) (10 June 2009)

HM Revenue & Customs v Benchdollar Ltd & Ors [2009] EWHC 1310 (Ch) (11 June 2009)

Cygnet Healthcare Ltd v Greenswan Consultants Ltd [2009] EWHC 1318 (Ch) (11 June 2009)

Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi VE Pazarlama A.S. & Ors [2009] EWHC 1276 (Ch) (11 June 2009)

High Court (Family Division)

Y v Q & Anor [2009] EWHC B9 (Fam) (28 May 2009)

High Court (Queen’s Bench Division)

Wilkinson v Fitzgerald & Anor [2009] EWHC 1297 (QB) (11 June 2009)

Source: www.bailii.org

Regina v Islam – Times Law Reports

Posted June 12th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

Regina v Islam

House of Lords

“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”

Times Law Reports, 12th June 2009

Source: www.timesonline.co.uk

Brent London Borough Council v Risk Management Partners Ltd – WLR daily

Posted June 12th, 2009 in company law, law reports, local government by sally

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2009] WLR (D) 179

“A local authority had no power, by virtue of s 2 of the Local Government Act 2000 or s 111 of the Local Government Act 1972, to enter into an arrangement with a company to carry on a mutual insurance business.”

WLR Daily, 11th June 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.

House of Lords Judgments: What’s new?

Posted June 11th, 2009 in law reports by sally

Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action [2009] UKHL 28 (10 June 2009)

Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 (10 June 2009)

R v Islam (Respondent) (on appeal from the Court of Appeal Criminal Division) [2009] UKHL 30 (10 June 2009)

Her Majesty’s Revenue and Customs (Respondents) v Stringer and others (Appellants) [2009] UKHL 31 (10 June 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted June 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009)

Secretary of State for Work & Pensions v Yates [2009] EWCA Civ 479 (10 June 2009)

High Court (Chancery Division)

Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)

High Court (Technology and Construction Court)

Thompson (t/a R J Thompson International) v Charlesworth [2009] EWHC 417 (TCC) (17 February 2009)

National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)

Source: www.bailii.org

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports

Posted June 11th, 2009 in control orders, human rights, law reports, legal representation, terrorism by sally

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE

House of Lords

“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”

The Times, 11th June 2009

Source: www.timesonline.co.uk

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) – WLR Daily

Posted June 11th, 2009 in holiday pay, law reports, remuneration, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others [2009] UKHL 31; [2009] WLR (D) 178

“Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as well as under regs 13 and 16 or 14 of the Working Time Regulations 1998.”

WLR Daily, 10th June 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 Islam – WLR Daily

Posted June 11th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th June 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.

Supperstone v Hurst and another – WLR Daily

Posted June 11th, 2009 in law reports, restraining orders, vexatious litigants by sally

Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176

“The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made.”

WLR Daily, 10th June 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 Fazal – WLR Daily

Posted June 11th, 2009 in conversion, law reports, proceeds of crime by sally

R v Fazal [2009] WLR (D) 175

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th June 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.

AB and Others v Ministry of Defence – Times Law Reports

Posted June 10th, 2009 in law reports, limitations, personal injuries by sally

AB and Others v Ministry of Defence

Queen’s Bench Division

“Claims for compensation by former servicemen in relation to exposure to ionising radiation as a result of nuclear tests carried out in the 1950s were not to be struck out either as time-barred or as having no reasonable prospect of success.”

The Times, 10th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Shah v Ul-Haq & Ors [2009] EWCA Civ 542 (09 June 2009)

Baker v Quantum Clothing Group & Ors [2009] EWCA Civ B12 (05 June 2009)

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490 (09 June 2009)

High Court (Commercial Court)

Webster Thompson Ltd v J G Pears (Newark) Ltd & Ors [2009] EWHC 1070 (Comm) (18 May 2009)

High Court (Patents Court)

Folding Attic Stairs Ltd v The Loft Stairs Company Ltd & Anor [2009] EWHC 1221 (Pat) (09 June 2009)

Source: www.bailii.org

AB and others v Ministry of Defence – WLR Daily

Posted June 9th, 2009 in class actions, law reports, limitations, personal injuries by sally

AB and others v Ministry of Defence [2009] EWHC 1225 (QB); [2009] WLR (D) 174

“In relation to a group action the issue as to when a claimant had “knowledge” for the purposes of ss 12 and 14 of the Limitation Act 1980 was primarily one of fact The state of the claimant’s belief was to be considered, as also whether he thought it necessary to refer his belief to experts, medical or legal, or others. In relation to words used by a witness when being asked about his state of mind at a particular time in the past, his actions (or inactions) at the time about which he was being asked might require the words used or accepted in evidence to be viewed with circumspection.”

WLR Daily, 8th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.