law reports – Page 291 – Current Awareness

“For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient for such a threat to be established by a high level of indiscriminate violence in the country in question.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily

Posted February 18th, 2009 in EC law, education, judicial review, law reports, public procurement by sally

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58

“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP – WLR Daily

Posted February 18th, 2009 in insolvency, law reports, locus standi, partnerships, winding up by sally

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP; [2009] WLR (D) 57

“Although the interests and liabilities of a member of a limited liability partnership were different from those of a contributory to a limited company and those differences might lead to some changes in practice so far as petitions to wind them up were concerned, a person seeking to exercise a right to appear and be heard in court proceedings, whether as creditor or contributory, should at least claim to be a member of the class on whom that right was conferred.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ugiagbe v Southwark London Borough Council – Times Law Reports

Posted February 18th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council

Court of Appeal

“Failure to follow informal advice to go to a local housing authority’s homeless persons unit when threatened with eviction, did not make an applicant intentionally homeless.”

The Times, 18th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 17th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service Swansea v Gilleeney & Anor [2009] EWCA Crim 193 (17 February 2009)

Meenan, R v [2009] EWCA Crim 140 (21 January 2009)

Berr, R (on the prosecution of) v Lowe [2009] EWCA Crim 194 (17 February 2009)

Court of Appeal (Civil Division)

Financial Services Authority v Hayes [2009] EWCA Civ 76 (17 February 2009)

High Court (Administrative Court)

L v Director of Public Prosecutions [2009] EWHC 238 (Admin) (14 January 2009)

Writtle v Director of Public Prosecutions [2009] EWHC 236 (Admin) (20 January 2009)

High Court (Technology and Construction Court)

Seele Austria GmbH Co v Tokio Marine Europe Insurance Ltd [2009] EWHC 255 (TCC) (17 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Austin v London Borough of Southwark [2009] EWCA Civ 66 (16 February 2009)

High Court (Queen’s Bench Division)

Haji-Ioannou v Mark Dixon Regus Group Plc & Anor [2009] EWHC 178 (QB) (06 February 2009)

High Court (Technology and Construction Court)

OSC Building Services Ltd v Interior Dimensions Contracts Ltd [2009] EWHC 248 (TCC) (08 January 2009)

Moduleco v Carillion [2009] EWHC 250 (TCC) (11 February 2009)

Source: www.bailii.org

Imageview Management Ltd v Jack – WLR Daily

Posted February 17th, 2009 in agency, fiduciary duty, law reports, sport by sally

Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56

“An agent when negotiating with another person on behalf of his principal breached the fiduciary duty which he owed to his principal if at the same time he made with the other person an undisclosed side deal for his own benefit and there were a real possibility of conflict of interest. In such a case the agent was required to account to the principal in respect of the secret commission so received and was not entitled to receive any agency fees from the principal.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same – WLR Daily

Posted February 17th, 2009 in banking, compensation, law reports, nationalisation by sally

SRM Global Master Fund LP v Commissioners of HM Treasury; RAB Special Situations (Master) Fund Ltd v Same; Grainger and others v Same [2009] EWHC 227 (Admin); [2009] WLR (D) 55

“Ss 5(4) and 9(2) of the Banking (Special Provisions) Act 2008 and art 6 of the Northern Rock plc Compensation Order 2008 (SI 2008/718), the provisions establishing the assumptions upon which valuation of shares was carried out under a scheme for compensating shareholders subsequent to the nationalisation of Northern Rock plc, did not infringe the shareholders right to peaceful enjoyment of their possessions under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundmamental Freedoms (set out in Pt II of Sch 1 to the Human Rights Act 1998).”

WLR Daily, 16th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court – Times Law Reports

Posted February 17th, 2009 in hunting, law reports by sally

Director of Public Prosecutions v Wright Regina (Scott) v Taunton Deane Magistrates Court

Queen’s Bench Divisional Court

“The expression ‘hunt’ a wild mammal with a dog in section 1 of the Hunting Act 2004 did not include the activity of searching for a wild animal for the purpose of stalking or flushing it.”

The Times, 17th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barry v Southwark London Borough Council – Times Law Reports

Posted February 17th, 2009 in housing, law reports, unemployment by sally

Barry v Southwark London Borough Council

Court of Appeal

“When determining whether a person claiming housing assistance had been unemployed for no more than six months and was a worker, a housing authority was entitled to look at his employment record in order to tell whether the work was effective and genuine, and not marginal and ancillary.”

The Times, 17th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 16th, 2009 in law reports by sally

High Court (Chancery Division)

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch) (06 February 2009)

Hammonds (A Firm) v Danilunas & Ors [2009] EWHC 216 (Ch) (13 February 2009)

High Court (Administrative Court)

Hampshire Police Authority v Smith [2009] EWHC 174 (Admin) (12 February 2009)

Source: www.bailii.org

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA – Times Law Reports

Posted February 16th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA Case C-549/07

Court of Justice of the European Communities

“A technical problem in an aircraft which led to the cancellation of a flight did not constitute a sufficiently extraordinary circumstance to justify the carrier refusing to pay compensation to passengers unless the problem stemmed from events which, by their nature or origin, were not inherent in the normal exercise of the carrier’s activity and were beyond its actual control.”

The Times, 16th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 13th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Campbell & Ors, R v [2009] EWCA Crim 50 (02 February 2009)

High Court (Technology and Construction Court)

Carillion JM Ltd v Bath & North East Somerset Council & Anor [2009] EWHC 166 (TCC) (05 February 2009)

Source: www.bailli.org

British Broadcasting Corporation v Sugar and another – WLR Daily

Posted February 13th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and another [2009] UKHL 9; [2009] WLR (D) 51

“The BBC was a public authority for the purposes of the Freedom of Information Act 2000 so that a request for information which the BBC claimed was held for the purposes of journalism, and was therefore excluded from the requirements of disclosure, was subject to the jurisdiction of the Information Commissioner and, on appeal, the Information Tribunal, even if the information requested was held for the purposes of art, journalism or literature.”

WLR Daily, 12th February 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.

Kelly and another v GE Healthcare Ltd – WLR Daily

Posted February 13th, 2009 in compensation, law reports, patents by sally

Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50

“Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. Compensation for an invention of ‘outstanding benefit’ was to be determined in accordance with all available evidence, as per s 41 of the 1977 Act, so as to secure a just and fair reward to the employee, neither limiting the employee to compensation for loss or damage, nor placing the employee in as strong a position as an external patentee or licensor.”

WLR Daily, 12th February 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.

In re Overnight Ltd; Goldfarb v Higgins and others – WLR Daily

Posted February 13th, 2009 in fraudulent trading, law reports, limitations, winding up by sally

In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49

“The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed.”

WLR Daily, 12th February 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.

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and Another v West Tankers Inc

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.