law reports – Page 292 – Current Awareness

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th 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.

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th 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.

R (Liverpool City Council) v Hillingdon London Borough Council – WLR Daily

Posted February 12th, 2009 in asylum, children, law reports, local government, social services by sally

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

“The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself wanted to live in the area of that other authority. S 20 of the Children Act 1989 imposed a duty on the local authority to carry out a proper assessment of the child’s welfare needs and the type and location of accommodation that would meet those needs.”

WLR Daily, 11th 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 – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th 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.

British Broadcasting Corporation v Sugar and Another – Times Law Reports

Posted February 12th, 2009 in BBC, freedom of information, law reports by sally

British Broadcasting Corporation v Sugar and Another

House of Lords

“The British Broadcasting Corporation was a public authority for the purposes of the Freedom of Information Act 2000 which meant that all requests for information were 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.”

The Times, 12th 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 12th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

Laker Vent Engineering Ltd v Templeton Insurance Ltd [2009] EWCA Civ 62 (11 February 2009)

High Court (Chancery Division)

Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

High Court (Administrative Court)

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 11th, 2009 in law reports by sally

High Court (Commercial Court)

Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)

High Court (Technology and Construction Court)

Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)

Source: www.bailii.org

House of Lords Judgments: What’s New?

Posted February 11th, 2009 in law reports by sally

Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) [2009] UKHL 9 (11 February 2009)

Source: www.parliament.uk

Managa Properties Ltd v Brittain – WLR Daily

Posted February 11th, 2009 in law reports, liquidators, winding up by sally

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42

“Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors’ meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the best interests of the liquidation for such an order to be made.”

WLR Daily, 10th 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 P [2009] – WLR Daily

Posted February 11th, 2009 in Court of Protection, law reports, mental health, wills by sally

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th 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.

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi – Times Law Reports

Posted February 11th, 2009 in failure to disclose information, law reports, sentencing, terrorism by sally

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi

Court of Appeal (Criminal Division)

“The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality which had to be reflected in the sentence.”

The Times, 11th 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.

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted February 11th, 2009 in law reports, service, service out of jurisdiction, state immunity by sally

NML Capital Ltd v Republic of Argentina

Queen’s Bench Division

“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”

The Times, 11th 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 10th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ferguson v British Gas Trading Ltd. [2009] EWCA Civ 46 (10 February 2009)

Zipher Ltd v Markem Systems Ltd & Anor [2009] EWCA Civ 44 (10 February 2009)

Matuszowicz v Kingston Upon Hull City Council [2009] EWCA Civ 22 (10 February 2009)

Guy v Pannone Llp [2009] EWCA Civ 30 (10 February 2009)

Ugiagbe v London Borough of Southwark [2009] EWCA Civ 31 (10 February 2009)

Liverpool City Council, R (on the application of) v London Borough of Hillingdon & Anor [2009] EWCA Civ 43 (10 February 2009)

Office of Communications & Anor v Floe Telecom Ltd [2009] EWCA Civ 47 (10 February 2009)

High Court (Chancery Division)

Mireskandari v The Law Society & Ors [2009] EWHC 185 (Ch) (09 February 2009)

High Court (Commercial Court)

Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 10th, 2009 in law reports by sally

High Court (Chancery Division)

P, Re [2009] EWHC 163 (Ch) (09 February 2009)

High Court (Administrative Court)

Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (Admin) (23 January 2009)

Source: www.bailii.org

O’Brien v Department for Constitutional Affairs – Times Law Reports

Posted February 10th, 2009 in judiciary, law reports, pensions by sally

O’Brien v Department for Constitutional Affairs

Court of Appeal

“A part-time fee-paid judicial office holder was not entitled to claim that he had been subjected to less favourable treatment when he was refused a pension on retirement from office.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

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

Yearworth and Others v North Bristol NHS Trust – Times Law Reports

Posted February 10th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

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

Child Support Agency v Truman – WLR Daily

Posted February 10th, 2009 in disability discrimination, law reports by sally

Child Support Agency v Truman; [2009] WLR (D) 40

“The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] AC 1399, and not the test as previously stated in Clark v Novacold Ltd [1999] ICR 951.”

WLR Daily, 9th 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.

Oak Investment Partners XII v Boughtwood and others – WLR Daily

Posted February 10th, 2009 in company law, law reports, shareholders, unfairly prejudicial conduct by sally

Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39

“In an appropriate case, where a significant shareholder, who, as a result of being such a shareholder, was appointed to a management role within the company, then engaged in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct was capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.”

WLR Daily, 9th 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.