Category: law reports

R (Low) v Secretary of State for the Home Department – WLR Daily

Posted January 23rd, 2009 in EC law, freedom of movement, law reports by sally

R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15

“A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident in the sending member state in order to acquire any rights under art 49 EC.”

WLR Daily, 22nd January 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.

Jain and another v Trent Strategic Health Authority – WLR Daily

Posted January 23rd, 2009 in care homes, duty of care, law reports by sally

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

“There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 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 January 23rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ammah v Kuehne+Nagal Logistics Ltd [2009] EWCA Civ 11 (22 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

A, R (on the application of) v Coventry City Council [2009] EWHC 34 (Admin) (22 January 2009)   

Pounder, R (on the application of) v HM Coroner for the North & South Districts of Durham & Darlington & Ors [2009] EWHC 76 (Admin) (22 January 2009)

Hill, R (on the application of) v Social Security Commissioner & Anor [2009] EWHC 33 (Admin) (22 January 2009)

High Court (Chancery Division)

HM Revenue and Customs v Trustees of the Nelson Dance Family Settlement [2009] EWHC 71 (Ch) (22 January 2009)

High Court (Family Division)

G v A [2009] EWHC 11 (Fam) (20 January 2009)

High Court (Patents Court)

Dyson Technology Ltd v Samsung Gwangju Electronics Co Ltd [2009] EWHC 55 (Pat) (22 January 2009)

High Court (Queen’s Bench Division)

Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (QB) (22 January 2009)

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

Source: www.bailii.org

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 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.

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

Regina (Wright and Others) v Secretary of State for Health and Another

House of Lords

“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”

The Times, 23rd January 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 January 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Al-Saadoon & Anor, R (on the application of) v Secretary of State for Defence [2009] EWCA Civ 7 (21 January 2009)

Tele2 International Card Company SA & Ors v Post Office Ltd [2009] EWCA Civ 9 (21 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 35 (Admin) (21 January 2009)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group Ltd & Anor [2009] EWHC 26 (Pat) (21 January 2009)

High Court (Commercial Court)

Office of Fair Trading v Abbey National Plc & Ors [2009] EWHC 36 (Comm) (21 January 2009)

Source: www.bailii.org.uk

Laroche v Spirit of Adventure (UK) Ltd – WLR Daily

Posted January 22nd, 2009 in carriage by air, law reports, personal injuries by sally

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14

“Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the aircraft, within the meaning of art 17, whether he paid for his flight or not.”

WLR Daily, 21st January 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.

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06) – WLR Daily

Posted January 22nd, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06); [2009] WLR (D) 13

“Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”

WLR Daily, 21st January 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.



Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Posted January 22nd, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12

“In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”

WLR Daily, 21st January 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.

Akinnoye Agbaje v Akinnoye Agbaje – WLR Daily

Posted January 22nd, 2009 in divorce, financial provision, jurisdiction, law reports by sally

Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11

“A careful approach was required where a court was determining whether to exercise its jurisdiction under Pt III of the Matrimonial and Family Proceedings Act 1984 to grant an applicant leave to apply for financial relief in this jurisdiction following a divorce in an overseas country.”

WLR Daily, 21st January 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.

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Posted January 22nd, 2009 in care homes, duty of care, law reports by sally

Jain and Another v Trent Strategic Health Authority

House of Lords

“Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners’ rights under the European Convention on Human Rights.”

The Times, 22nd January 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 January 21st, 2009 in law reports by sally

Court of Apeeal (Civil Division)

Agbaje v Agbaje [2009] EWCA Civ 1 (20 January 2009)

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12 (21 January 2009)

Mullarkey & Anor v Broad [2009] EWCA Civ 2 (21 January 2009)

Court of Appeal (Criminal Division)

Allpress & Ors v R. [2009] EWCA Crim 8 (20 January 2009)

High Court (Administrative Court ) 

Cityhook Ltd & Anor, R (on the application of) v Office of Fair Trading [2009] EWHC 57 (Admin) (20 January 2009)

Raichandani & Anor v The Government of the Hong Kong [2009] EWHC 28 (Admin) (20 January 2009)

Secretary of State for the Home Department v AU [2009] EWHC 49 (Admin) (20 January 2009)

High Court (Chancery Division)

Sun Life Assurance Company of Canada (UK) Ltd v HM Revenue & Customs [2009] EWHC 60 (Ch) (20 January 2009)  

High Court (Family Division)

G v A [2009] EWHC 11 (Fam) (20 January 2009)

Source: www.bailii.org.uk

House of Lords Judgments: What’s New?

Posted January 21st, 2009 in law reports by sally

R (On The Application of Black) (Respondent) v Secretary of State for Justice (Appellate) (21st January 2009)

Mucelli (Appellant) v Government of Albania (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) Moulai (Respondent) vDeputy Public Prosecutor in Creteil, France (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice) (21st January 2009)

R (On the application of Wright and others) (Appellants) v Secretary of State for Health and another (Respondents) (21st January 2009)

Trent Strategic Health Authority (Respondents) v Jain and another (Appellates) (21st January 2009)

Source: www.parliament.co.uk

 

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) – WLR Daily

Posted January 21st, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9

“When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened had the solicitors performed the undertakings at the time they were given.”

WLR Daily, 20th January 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 January 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ZH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 8 (19 January 2009)

High Court (Administrative Court)

SP v Secretary of State for Justice [2009] EWHC 13 (Admin) (19 January 2009)

High Court (Chancery Division)

Angel Solicitors (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch) (19 January 2009)

High Court (Queen’s Bench Division)

Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)

Source: www.bailii.org    

 

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Posted January 20th, 2009 in contracts, electronic mail, insurance, law reports by sally

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Court of Appeal

“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”

The Times, 20th January 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.

R v Khan and others – WLR Daily

Posted January 20th, 2009 in causing death of children or vulnerable adults, domestic violence, law reports by sally

R v Khan and others [2009] EWCA Crim 2; [2009] WLR (D) 8

“Where a member of the same household as a child or vulnerable adult was charged with allowing his or her death, the question whether the defendant had had frequent contact with him or her was a free-standing question, unrelated to issues whether that person had been, or ought to have been, aware of the risk of serious harm to the child or vulnerable adult, and whether the unlawful act had occurred in circumstances of the kind which the defendant had foreseen or ought to have foreseen.”

WLR Daily, 16th January 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.

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

Posted January 20th, 2009 in human rights, immigration, law reports by sally

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”

WLR Daily, 16th January 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 January 19th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)

Source: www.bailii.org

Silberquelle GmbH v Maselli-Strickmode GmbH – WLR Daily

Posted January 19th, 2009 in law reports, trade marks by sally

Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6

“Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art 12(1) of Directive 89/104.”

WLR Daily, 16th January 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.