law reports – Page 277 – Current Awareness

Mohammadi v Shellpoint Trustees Ltd and another – WLR Daily

Posted May 26th, 2009 in costs, law reports, legal aid, solicitors by sally

Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169

“When a legally assisted person’s solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to be a legally assisted person for the purposes of the Legal Aid Act 1988.”

WLR Daily, 21st May 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.

Gresham International Ltd and others v Moonie and others – WLR Daily

Posted May 26th, 2009 in expenses, insolvency, law reports, liquidators, retrospectivity by sally

Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168

“The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of the liquidation committee or the Secretary of State, as required under section 167 of the Insolvency Act 1986, notwithstanding that the criteria in r 4.184 (ii) of the Insolvency Rules as to the retrospective ratification of a liquidator’s acts had not been met.”

WLR Daily, 21st May 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.

Everitt v Budhram (a bankrupt) and another – WLR Daily

Posted May 26th, 2009 in bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167

“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”

WLR Daily, 21st May 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 (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same – WLR Daily

Posted May 26th, 2009 in asylum, EC law, law reports by sally

R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same [2009] EWCA Civ 442; [2009] WLR (D) 166

“A person whose asylum claim had been finally determined in country A against him or her and who made a subsequent claim for asylum in country A came within the ambit of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (‘the Reception Directive’) and was therefore able to enjoy the benefits of art 11(2) of that directive and be afforded conditional access to the labour market.”

WLR Daily, 21st May 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.

Smith v Northamptonshire County Council – WLR Daily

Posted May 26th, 2009 in care workers, disabled persons, health & safety, law reports, strict liability by sally

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 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.

Roult (by his mother and litigation friend) v North West Strategic Health Authority – WLR Daily

Posted May 26th, 2009 in civil procedure rules, law reports, personal injuries by sally

Roult (by his mother and litigation friend) v North West Strategic Health Authority [2009] EWCA Civ 444; [2009] WLR (D) 164

“There was no power pursuant to CPR r 3.1 in the context of personal injury litigation to vary the terms of a settlement where there had been an unforseen event which destroyed the assumption on which the settlement was made.”

WLR Daily, 21st May 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.

Rank Nemo (DMS) Ltd and others v Coutinho – WLR Daily

Posted May 26th, 2009 in compensation, employment tribunals, law reports, race discrimination, victimisation by sally

Rank Nemo (DMS) Ltd and others v Coutinho [2009] EWCA Civ 454; [2009] WLR (D) 163

“The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his employment, for the purposes of a claim under s 4(2) of the Race Relations Act 1976.”

WLR Daily, 21st May 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.

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

Posted May 26th, 2009 in immigration, law reports by sally

Odelola v Secretary of State for the Home Department [2009] UKHL 25; [2009] WLR (D) 162

“The version of the immigration rules which was applicable to the determination of an application for leave to enter or remain in the United Kingdom was the one in force at the time the application came to be determined rather than the one in force when the application was filed, unless the rules themselves specified otherwise.”

WLR Daily, 21st May 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.

McConkey v Simon Community Northern Ireland – WLR Daily

Posted May 26th, 2009 in employment, law reports, Northern Ireland, political opinion discrimination by sally

McConkey v Simon Community Northern Ireland [2009] UKHL 24; [2009] WLR (D) 161

“An employer in Northern Ireland could refuse to employ a person on the ground of that person having supported the use of violence for political ends connected with the affairs of Northern Ireland, even if the person had since repudiated such views.”

WLR Daily, 21st May 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.

McConkey and Another v Simon Community Northern Ireland – Times Law Reports

Posted May 26th, 2009 in employment, law reports, Northern Ireland, political opinion discrimination by sally

McConkey and Another v Simon Community Northern Ireland

House of Lords

“An employer in Northern Ireland could refuse to employ a person on the ground of his having supported the use of violence for political ends connected with the affairs of Northern Ireland even if the job-seeker had since repudiated such views.”

The Times, 26th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 22nd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Nasuna, R v [2009] EWCA Crim 880 (3 April 2009)

Symmons, R v [2009] EWCA Crim 734 (07 April 2009)

High Court (Chancery Division)

Kayley Vending Ltd, Re Insolvency Act 1986 [2009] EWHC 904 (Ch) (15 May 2009)

HM Revenue & Customs v Prince Karunaraina Samarappulli Arachchige [2009] EWHC 1077 (Ch) (20 May 2009)

High Court (Administrative Court)

Burwell v Appellant [2009] EWHC 1069 (Admin) (01 May 2009)

Dzikowski v General Medical Council [2009] EWHC 1090 (Admin) (21 May 2009)

High Court (Technology and Construction Court)

Bovis Lend Lease Ltd v Cofely Engineering Services [2009] EWHC 1120 (TCC) (07 May 2009)

High Court (Commercial Court)

Classic Maritime Inc v Lion Diversified Holdings & Anor [2009] EWHC 1142 (Comm) (21 May 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 21st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Palmer v Cornwall County Council [2009] EWCA Civ 456 (21 May 2009)

High Court (Chancery Division)

Daimler Ag v Sany Group Company Ltd [2009] EWHC 1003 (Ch) (14 May 2009)

Gresham International Ltd & Anor v Moonie & Ors [2009] EWHC 1093 (Ch) (20 May 2009)

Calltel Telecom Ltd & Anor v HM Revenue and Customs [2009] EWHC 1081 (Ch) (21 May 2009)

High Court (Administrative Court)

McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) (21 May 2009)

Source: www.bailii.org

Regina v Hughes (James) – WLR Daily

Posted May 21st, 2009 in appeals, jurisdiction, law reports, sentencing by sally

Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160

“The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General’s reference, but his right of appeal still remained extant and unexercised under the section.”

WLR Daily, 20th May 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.

BAILII: Recent Decisions

Posted May 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Revenue & Customs v Proctor & Gamble UK [2009] EWCA Civ 407 (20 May 2009)

Yesiloz v London Borough of Camden & Anor [2009] EWCA Civ 415 (20 May 2009)

Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2009] EWCA Civ 408 (20 May 2009)

Rank Nemo (DMS) Ltd & Ors v Coutinho [2009] EWCA Civ 454 (20 May 2009)

Mansel Oil Ltd & Anor v Troon Storage Tankers SA [2009] EWCA Civ 425 (20 May 2009)

Carter & Anor v Cole & Anor [2009] EWCA Civ 410 (20 May 2009)

Roult v North West Strategic Health Authority [2009] EWCA Civ 444 (20 May 2009)

Court of Appeal (Criminal Division)

Aboulkadir & Ors, R v [2009] EWCA Crim 956 (20 May 2009)

High Court (Chancery Division)

Norwich Union Life & Pensions Ltd v Strand Street Properties Ltd [2009] EWHC 1109 (Ch) (20 May 2009)

High Court (Administrative Court)

Moulai v Deputy Public Prosecutor of Creteil, France [2009] EWHC 1030 (Admin) (19 May 2009)

High Court (Family Division)

Stedman, Re [2009] EWHC 935 (Fam) (18 May 2009)

Soure: www.bailii.org

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 20th, 2009 in armed forces, human rights, inquests, law reports by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2009] EWCA Civ 441

“A British soldier on military service in Iraq was subject to the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and as such benefited from the rights guaranteed by the Human Rights Act 1998. An inquest held into the soldier’s death was to be an enhanced inquest conforming to the procedural requirements of the right to life in art 2 of the Convention.”

WLR Daily, 19th May 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.

Rolls Royce plc v Unite the Union – WLR Daily

Posted May 20th, 2009 in age discrimination, EC law, law reports, redundancy by sally

Rolls Royce plc v Unite the Union [2009] EWCA Civ 387

“A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers’ union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a ‘proportionate means of achieving a legitimate aim’ within reg 3(1)(b).”

WLR Daily, 19th May 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.

Bolsover District Council v Dennis Rye Ltd – Times Law Reports

Posted May 19th, 2009 in cross-claims, insolvency, law reports, winding up by sally

Bolsover District Council v Dennis Rye Ltd

Court of Appeal

“A judge hearing a winding-up petition against a company, when faced with a cross-claim by the company against the petitioner, had to consider only whether the evidence before him was sufficient to satisfy him that the company’s cross-claim was not merely arguable but was genuine and serious, and not whether the company should have previously taken action on the cross-claim unless it had a good reason for not doing so.”

The Times, 19th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 19th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Berghoff Trading Ltd & Ors v Swinbrook Developments Ltd & Ors [2009] EWCA Civ 413 (19 May 2009)

Napier & Anor v Pressdram Ltd [2009] EWCA Civ 443 (19 May 2009)

High Court (Administrative Court)

Eagles & Anor v Minister for the Environment Sustainability and Housing, Welsh Assembly Government & Anor [2009] EWHC 1028 (Admin) (18 May 2009)

Source: www.bailii.org

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd – WLR Daily

Posted May 19th, 2009 in EC law, insurance, law reports, VAT by sally

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd [2009] EWHC 999 (Ch); [2009] WLR (D) 156

“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”

WLR Daily, 18th May 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.