TGS


25 August 2006

Successful uk-afghan operation reinforces security in musa qaleh
seen at 16:24, 25 August in Ministry of Defence News - national (Our copy).
British troops have completed a successful operation in southern Afghanistan to reinforce security in a former Taliban stronghold and send a clear message to insurgents that the Afghan government are extending their...
Island Farm Development Ltd, R (on the application of) v Bridgend County Borough Council [2006] EWHC 2189 (Admin) (25 August 2006)
seen at 14:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The claimants seek to set aside a resolution by the defendant Council to refuse to sell some land owned by it to the claimants. The resolution in question was made as long ago as 26 January 2005 and these proceedings...
B (a child) O (children), Re [2006] EWCA Civ 1199 (25 August 2006)
seen at 14:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Without notice oral applications for permission to appeal made by litigants in person in family proceedings are not the stuff of which reserved judgments, law reports or publicity in the media are made. The reasons...
Peter woodhams - mpa statement
seen at 14:33, 25 August in Metropolitan Police Authority News - national (Our copy).
In view of the fact that the Independent Police Complaints Commission has agreed to investigate this case independently, which the Metropolitan Police Authority welcomes, there will not be a detailed report to the...
New sector input sought for sorp of the future
seen at 14:27, 25 August in Charity Commission News - national (Our copy).
The Charity Commission and The Office of the Scottish Charity Regulator (OSCR) today formally announced they were joining together as the new joint SORP-making body for charities in the UK.
New national packaging waste database proposed
seen at 14:21, 25 August in Department for Environment, Food And Rural Affairs News - national (Our copy).
Proposals to introduce a new electronic online data system for the packaging industry were issued for consultation today by Defra, the Welsh Assembly Government and the Scottish Executive.
David Mach appointed to the National Portrait Gallery
seen at 14:20, 25 August in Number 10 » News Stories (Our copy).
The Prime Minister has appointed David Mach to the Board of the National Portrait Gallery with effect from 21 August 2006 for a period of four years.
Garcia v East Lancashire Hospitals NHS Trust [2006] EWHC 2062 (QB) (11 August 2006)
seen at 11:53, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a claim for damages for injury and loss said to have been caused by the Defendant in the management of the Claimant's mother's pregnancy and labour and of the Claimant's birth on 8 August 1998. By an open...
I-Remit Incorporated v Far East Express Remittance Ltd [2006] EWHC 2051 (Ch) (01 August 2006)
seen at 11:53, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Many citizens of the Philippines work abroad and remit sums from their earnings to family members and others in the Philippines. Businesses operate in the countries where they work for the collection of these sums...
Maitland, R (on the application of) v Parking Appeals Service & Anor [2006] EWHC 2171 (Admin) (12 June 2006)
seen at 11:53, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MRS JUSTICE DOBBS: This claimant seeks permission to challenge the decision of the Parking and Traffic Appeals Service of 10th August 2005, refusing his application for a review of the decision of the parking adjudicator...
United Utilities Water Plc v Moss Rose Piggeries Ltd. [2006] EWHC 2169 (Admin) (29 June 2006)
seen at 11:53, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE LAWS: This is an unusual and in some ways a troublesome case. It is a prosecutor's appeal by way of case stated against the decision of Deputy District Judge Hopkinson sitting in the Fylde Coast Magistrates...
Bolam v First Secretary of State & Ors [2006] EWHC 2184 (Admin) (10 July 2006)
seen at 11:53, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application for costs incurred in seeking an injunction and to prevent the letting of a house which is owned by Mr Bolam Junior, and an order under section 288(5) of the Town and Country Planning Act...
Voarino, R. v [2006] EWCA Crim 2080 (15 August 2006)
seen at 11:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MRS JUSTICE DOBBS: On 17th March 2006, at the Snaresbrook Crown Court, this appellant pleaded guilty to one count of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of ...
Heffernan, R. v [2006] EWCA Crim 2033 (15 August 2006)
seen at 11:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE GAGE: On 19th September 2005, at the Blackfriars Crown Court, this applicant was convicted of four counts. They were aggravated burglary (count 1) false imprisonment (counts 2 and 3) and unlawful ...
Britton, R. v [2006] EWCA Crim 2082 (17 August 2006)
seen at 11:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE GAGE: On 8th August 2006, at Aylesbury Crown Court, this appellant was found by His Honour Judge Cripps to have committed contempt in the face of the court. She was sentenced on the same day to a ...
Boyle & Anor, R. v [2006] EWCA Crim 2101 (25 August 2006)
seen at 11:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 28th May 1999, after a trial before Jackson J and a jury, in the Crown Court at Teesside, the appellants were convicted of murder and were sentenced to life imprisonment. They appeal against conviction following...
Ofwat publishes further ring-fencing proposals for bristol water plc
seen at 11:30, 25 August in Water Services Regulation Authority News - national (Our copy).
Ofwat today published proposals to protect customers of Bristol Water, following changes to the company's ownership. Sociedad General de Aguas de Barcelona, S.A. (Agbar) acquired Bristol Water Group plc, Bristol...
Men to top the obesity stakes by 2010
seen at 11:21, 25 August in Department of Health News - national (Our copy).
OBESE GIRLS TO OVERTAKE BOYS BY 2010
Cancelled operations drop to lowest number since 1999
seen at 11:21, 25 August in Department of Health News - national (Our copy).
The number of NHS operations cancelled at the last minute is at its lowest since September 1999, according to new figures released today by the Department of Health. Figures released for the period April to June...
Grundfos A/S v Gordon [2006] DRS 3666 (15 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Grundfos A/S v Gordon [2006] DRS 3666 (15 July 2006)
Royal Bank of Scotland & Ors v Morrison [2006] DRS 3719 (21 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Royal Bank of Scotland & Ors v Morrison [2006] DRS 3719 (21 July 2006)
Acorn Computers Ltd v Johnson [2006] DRS 3682 (24 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Acorn Computers Ltd v Johnson [2006] DRS 3682 (24 July 2006)
Ryanair Ltd v Coulston [2006] DRS 3655 (26 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Ryanair Ltd v Coulston [2006] DRS 3655 (26 July 2006)
Kohler Mira Ltd v Soper [2006] DRS 3727 (26 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Kohler Mira Ltd v Soper [2006] DRS 3727 (26 July 2006)
Shooting People Ltd v Hai [2006] DRS 3616 (27 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Shooting People Ltd v Hai [2006] DRS 3616 (27 July 2006)
Astec International Ltd v Watson [2006] DRS 3753 (28 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Astec International Ltd v Watson [2006] DRS 3753 (28 July 2006)
Warren James Jewellers Ltd v Allan [2006] DRS 3706 (28 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Warren James Jewellers Ltd v Allan [2006] DRS 3706 (28 July 2006)
Royal Bank of Scotland Group Plc & Ors v Verseer [2006] DRS 3744 (4 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Royal Bank of Scotland Group Plc & Ors v Verseer [2006] DRS 3744 (4 August 2006)
Academic Answers Ltd v Jason [2006] DRS Number 3670 (7 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Academic Answers Ltd v Jason [2006] DRS Number 3670 (7 August 2006)
Timberland Flooring Services Ltd v Classic Wood Flooring [2006] DRS 3772 (10 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Timberland Flooring Services Ltd v Classic Wood Flooring [2006] DRS 3772 (10 August 2006)
Royal Bank of Scotland Group Plc & Ors v Girault [2006] DRS 3806 (10 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Royal Bank of Scotland Group Plc & Ors v Girault [2006] DRS 3806 (10 August 2006)
Skipton Building Society v UK Financial Directory [2006] DRS 3716 (10 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Skipton Building Society v UK Financial Directory [2006] DRS 3716 (10 August 2006)
Timberland Flooring Services Ltd v Timberland Flooring Co [2006] DRS 3775 (11 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Timberland Flooring Services Ltd v Timberland Flooring Co [2006] DRS 3775 (11 August 2006)
Fine Cheese Company Ltd v Lawson's Cheeses [2006] DRS 3747 (15 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Fine Cheese Company Ltd v Lawson's Cheeses [2006] DRS 3747 (15 August 2006)
Bayer Healthcare LLC v Abbeyvet Export Ltd [2006] DRS 3712 (16 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Bayer Healthcare LLC v Abbeyvet Export Ltd [2006] DRS 3712 (16 August 2006)
Oxfordshire Press Ltd v Cunningham [2006] DRS 3738 (16 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Oxfordshire Press Ltd v Cunningham [2006] DRS 3738 (16 August 2006)
Privilege Insurance Company Ltd v Morrison [2006] DRS 3809 (17 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Privilege Insurance Company Ltd v Morrison [2006] DRS 3809 (17 August 2006)
SAS Carte Bleue v Morozov [2006] DRS 3794 (17 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
SAS Carte Bleue v Morozov [2006] DRS 3794 (17 August 2006)
Cunningham & Ors v Collett & Farmer (A Firm) [2006] EWHC 1222 (TCC) (22 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is the first day of the trial in this action. The trial is listed for two weeks. Due to problems with the availability of counsel, the second week will be from the 12th to the 15th of June. The difficult...
Monavon Construction Ltd v Davenport & Anor [2006] EWHC 1094 (TCC) (22 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The claimant ("Monavon") is a building contractor and the defendants ("the Davenports") are the long leasehold owners of a house in Knightsbridge, SW3. The claim and cross-claim arise out of substantial works carried...
Sandhu Menswear Company Ltd v Woolworths Plc [2006] EWHC 1299 (TCC) (05 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I am obliged to Mr Turner and Mr Clegg for their help with this matter.
Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2006] EWHC 1341 (TCC) (05 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE JACKSON: This judgment is in 16 parts, namely:
Hillview Industrial Developments (UK) Ltd v Botes Building Ltd [2006] EWHC 1365 (TCC) (07 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application by Hillview Industrial Developments (UK) Limited ("Hillview") for summary judgment under Part 24 of the CPR to enforce an award made against Botes Building Limited ("Botes") by Mr. Mark Pontin...
Wessanen Foods v Jofson Ltd [2006] EWHC 1363 (TCC) (08 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Today I handed down my substantive Judgment in this case with a Neutral Citation Number [2006] EWHC 1325 (TCC). The Claimant's claims against the Defendant failed on both liability and causation. As a result...
Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 (TCC) (08 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
At about 5 am on the morning of 9 July 2002, a fork lift truck at the food factory owned and operated by Wessanen Foods Ltd ("the Claimant") at Unit A, Halesfield 10, Telford in Shropshire, caught fire and caused...
Midland Expressway Ltd & Ors v Carillion Construction Ltd & Ors [2006] EWHC 1505 (TCC) (13 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Midland Expressway Ltd & Ors v Carillion Construction Ltd & Ors [2006] EWHC 1505 (TCC) (13 June 2006)
Associated British Ports v Hydro Soil Services NV & Ors [2006] EWHC 1187 (TCC) (23 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These proceedings arise out of a contract made in March 2002 between the claimant ("ABP") and the first defendant ("HSS") under which HSS was engaged to strengthen the quay wall of berth 205 at the port of Southampton...
Intense Investments Ltd v Development Ventures Ltd [2006] EWHC 1628 (TCC) (29 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Following the handing down of my Judgment on the Preliminary Issues on the 29th June 2006, there was a major dispute between the parties as to the costs order that I should make. The Claimant sought an order that...
Intense Investments Ltd v Development Ventures Ltd & Anor [2006] EWHC 1586 (TCC) (29 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 19 June 2005, I set aside the judgment in default in this case that the Claimant had entered against the Defendants. One of the reasons for that decision, reported at [2005] B.L.R. 478, was my view that there...
Vick v Vogle-Gapes Ltd. [2006] EWHC 1665 (TCC) (30 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The defendant company, Vogle-Gapes Ltd., to which I shall refer in this judgment as "the Company", was incorporated in October 1999 to take over the business carried on up to that point by a firm which traded under...
Taylor Woodrow Holdings Ltd v George Wimpey Southern Counties Ltd Rev 1 [2006] EWHC 1693 (TCC) (03 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This judgment is in six parts, namely Part One � Introduction; Part Two � The Facts; Part Three � The Present Proceedings; Part Four � The Contractor's preliminary objection to this action proceeding; Part...
Environment Agency v Lewin Fryer & Partners [2006] EWHC 1597 (TCC) (06 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In this action the Environment Agency ("EA") claim damages for negligence and breach of contract against Lewin Fryer & Partners ("LFP") arising out of the design and construction of the Jubilee River Project ("the...
Harlow & Milner Ltd v Teasdale [2006] EWHC 1708 (TCC) (07 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application by Harlow & Milner Ltd ("the Claimant"), for an order for sale pursuant to CPR 73.10. It comes at the end of a long road which they have been obliged to take in order to enforce an adjudicator...
Cunningham & Ors v Collett & Farmer [2006] EWHC 1771 (TCC) (13 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In 2002, the First Claimant, Mr Robert Cunningham, and the Second Claimant, Ms Catherine Good, were involved in the purchase of Bengeo Hall, in Hertfordshire ("the property"). The property is an exquisite, late...
Hodson Developments Ltd v GTA Civils [2006] EWHC 1913 (TCC) (13 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a claim by Hodson Developments Limited ("Hodson") as developers, against GTA Civils ("GTA") in contract and negligence in respect of setting out drawings prepared by GTA as civil engineers for what was ...
Monavon Construction Ltd v Davenport & Anor No. 2 [2006] EWHC 1810 (TCC) (17 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This judgment is concerned with the costs of the action and follows the handing down hearing at which the parties made detailed and very different submissions as to how I should deal with the costs of both the claim...
RWE-Industrie-Loesungen GmbH v Thyssen Schachtbau GmbH [2006] EWHC 2111 (TCC) (28 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application for summary judgment and/or interim payment made by a main contractor against the guarantor of an insolvent sub-contractor. The main contractor, which is Claimant in the present action, is...
Redworth Construction Ltd v Brookdale Healthcare Ltd [2006] EWHC 1994 (TCC) (31 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This claim arises out of a contract for the erection of four group homes, a day care centre and associated works at The Lane, Wyboston, Bedfordshire. Under that contract, the defendant, Brookdale Healthcare Ltd. ("...
Wolsey Securities Ltd v Abbeygate Management Services Ltd [2006] EWHC 1493 (QB) (23 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from the order of Master Eyre dated 20 December 2005 whereby he gave summary judgment under Part 24 for the claimant against the defendant in the sum of £97,762.42 inclusive of interest. ...
Tufano v Vincenti [2006] EWHC 1496 (QB) (23 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an unhappy case and I can understand Mr Tufano's wish to take every opportunity to seek greater access to his children. The question which arises on the present application is whether these libel proceedings...
Van Mellaert v Oxford University & Ors [2006] EWHC 1565 (QB) (29 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal, pursuant to permission granted by Nelson J after a telephone hearing, against a decision of Master Eyre on 15 August 2005 striking out the Claim Form and particulars of claim of Mr Van Mellaert...
Wiseman v Virgin Atlantic Airways Ltd [2006] EWHC 1566 (QB) (29 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant is Dr Raphael Wiseman, who sues Virgin Atlantic Airways Ltd for breach of contract. He had purchased a return ticket from Gatwick Airport to Port Harcourt, in Nigeria, for him to fly out on 19 April...
Brunsdon v Pattinson and Brewer (a firm) & Ors [2006] EWHC 1562 (QB) (29 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Brunsdon v Pattinson and Brewer (a firm) & Ors [2006] EWHC 1562 (QB) (29 June 2006)
Sardar & Ors v Watford Borough Council [2006] EWHC 1590 (QB) (30 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application by Shujait Ahmed Sardar, on his own behalf and on behalf of the Watford Hackney Drivers Association, Tariq Aziz and Shafiq Ahmed, for judicial review of decisions taken by Watford Borough ...
Armstrong v Times Newspapers Ltd [2006] EWHC 1614 (QB) (30 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Armstrong v Times Newspapers Ltd [2006] EWHC 1614 (QB) (30 June 2006)
Bath & North East Somerset Council v Connors & Ors [2006] EWHC 1595 (QB) (05 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In these proceedings, commenced in December 2005, the Claimant seeks injunctions under Section 187B of the Town and Country Planning Act 1990 to restrain existing and anticipated breaches of planning control. The...
Tennero Ltd v Arnold [2006] EWHC 1530 (QB) (06 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application for permission to appeal by Mr Paul Arnold from a decision in an action brought against him by Tennero Limited. Both the facts underlying the action and the procedural history are complex. ...
Veliu v Mazrekaj & Anor [2006] EWHC 1710 (QB) (11 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant is a young journalist who has been living and working in the United Kingdom for the past eight years. He was formerly of Yugoslav nationality (being an Albanian from Kosovo) and was granted exceptional...
Edwards v Golding & Ors [2006] EWHC 1684 (QB) (12 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a libel action commenced in 2002, some four years ago. According to the Particulars of Claim, the Claimant was a candidate at the election of a Borough Councillor for the Tipton Green Ward of the Metropolitan...
Charman v Orion Publishing Group Ltd & Ors [2006] EWHC 1756 (QB) (13 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This libel action is being tried in stages without a jury.
Mattu v University Hospitals Coventry and Warwickshire NHS Trust [2006] EWHC 1774 (QB) (14 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This matter was brought on by way of speedy trial and argued before me on 20 and 21 June 2006. There are a number of issues to be resolved, for the most part concerning the terms of what is called the Serious Professional...
Hughes v Carratu International Plc [2006] EWHC 1791 (QB) (19 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 24th March 2006 the Claimant received a letter from the Information Commissioners Office ("ICO"). It included the following:
McFaddens Solicitors v Chandrasekaran [2006] EWHC 1357 (QB) (20 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal against a refusal by Master Leslie to award summary judgment to the Claimant solicitor's firm against the Defendant which decision forms part of an order of 2nd December 2005. The case comes before...
Nolan v Devonport [2006] EWHC 2025 (QB) (21 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In 1995 the claimant, Mr Nolan, obtained judgment against both defendants, who were husband and wife, Mr and Mrs Devonport, in the sum of £645,461.64 with interest. Mr Devonport was adjudged bankrupt in 1995...
McHugh v Gray [2006] EWHC 1968 (QB) (27 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 23 February 2006, following a trial of the issue of limitation as a preliminary issue, HH Judge Armitage QC decided that the claimant's claim for damages for personal injuries against the second defendant is ...
McKenna v MGN Ltd [2006] EWHC 1996 (QB) (28 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a curious case in some respects. Much energy has been expended to very little purpose. The essential facts have gradually come to light since the claim was launched on 15 October 2004, through the familiar...
Palmer v East & North Hertfordshire NHS Trust [2006] EWHC 1997 (QB) (28 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Introduction. The claimant ("Mr Palmer") is a Consultant Surgeon, having been appointed a Fellow of the Royal College of Surgeons in 1973. He holds the qualifications of BChir (1969) (Cantab), MRCP (1972), FRCS...
Green v DB Group Services (UK) Ltd. [2006] EWHC 1898 (QB) (01 August 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The defendant is a commercial bank operating in the City of London. The claimant, who was born on 12 January 1970, was formerly employed by the defendant as a Company Secretary Assistant in its secretariat department...
Mayne Pharma (USA) Inc & Anor v Teva UK Ltd & Anor [2005] EWHC 2141 (Pat) (12 October 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an action for the infringement of European Patent (UK) 0 835 657. The patent stands in the name of Mayne Pharma (USA) Inc, the First Claimant. The Second Claimant is a licensee in respect of the patent...
EP (UK) 1,048,609 B1, In the matter of the Patents Act 1977 [2005] EWHC 2240 (Pat) (21 October 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from a decision of Mr. Probert, the hearing officer acting for the comptroller, whereby he struck out a reference under s.37 of the Patents Act 1977 ("the Act") in respect of patent EP(UK) 1 048...
Crawford, Re Patents Application [2005] EWHC 2417 (Patent) (04 November 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from a decision of Mr. Jones, the Deputy Director acting for the Comptroller, that UK patent application GB0108683.4 ("the Application") was excluded from patentability under s.1(2)(c) and 1(2...
Shopalotto.Com Ltd, Re Patent Application GB 0017772.5 [2005] EWHC 2416 (Pat) (07 November 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from the decision of Mr H Jones, the Deputy Director acting for the Comptroller General, who decided that patent application GB 0017772.5, as amended, was excluded from patentability under s.1 (...
Duckett v Comptroller-General of the Patent Office [2005] EWHC 3140 (Pat) (24 November 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from a decision of Mrs. Chalmers, the Deputy Director acting for the Comptroller-General, dated 12th August 2005, that United Kingdom Patent Application 0208751.8 be excluded from patentability...
Canady v Erbe Elektromedizin GmbH & Ors [2005] EWHC 2946 (Pat) (21 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Canady v Erbe Elektromedizin GmbH & Ors [2005] EWHC 2946 (Pat) (21 December 2005)
Mayne Pharma Ltd & Anor v Debiopharm SA & Anor [2006] EWHC 1123 (Pat) (19 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In this action, the Claimants ("Mayne") originally sought revocation of ten patents standing in the names of the Defendants ("Debiopharm") and declarations that the marketing in the United Kingdom of a product manufactured...
Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd & Anor [2006] EWHC 1344 (Pat) (09 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an enquiry as to damages in an action for infringement of patent and unregistered design rights relating to conservatories.
Pozzoli SPA v BDMO SA & Ors [2006] EWHC 1398 (Pat) (21 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Pozzoli SPA v BDMO SA & Ors [2006] EWHC 1398 (Pat) (21 June 2006)
Vector Corp v Glatt Air Techniques Ltd v [2006] EWHC 1638 (Pat) (07 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Vector Corp v Glatt Air Techniques Ltd v [2006] EWHC 1638 (Pat) (07 July 2006)
Archibald Kenrick & Sons Ltd v Laird Security Hardware Ltd [2006] EWHC 1675 (Pat) (10 July 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from a decision of the Comptroller of Patents, acting through his Deputy Director, Mr Barford, who refused a proposed amendment to claims 1 and 2 of the patent in suit on the grounds that the invention...
M v M [2005] EWHC 2769 (Fam) (01 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I am concerned for 7 year old JM who was born on 29 January 1997. His parents were married in the mid 1990s. J is their only son. The father, Mr M is a chorister at L Cathedral. The mother, M is Hungarian by...
E v London Borough of X [2005] EWHC 2811 (Fam) (06 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
E v London Borough of X [2005] EWHC 2811 (Fam) (06 December 2005)
Birmingham City Council v Mrs H [2005] EWHC 2885 (Fam) (13 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I am giving this judgment in public in an anonymised form. I give my reasons for this later.
A Local Authority v MA & Ors [2005] EWHC 2942 (Fam) (15 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This case raises novel questions about the court's inherent jurisdiction in relation to vulnerable adults. I have before me a vulnerable young woman who has just turned eighteen and has therefore attained her majority...
C v B [2005] EWHC 2988 (Fam) (21 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These proceedings are brought under the Hague Convention by the Plaintiff father who is an Australian national resident in New South Wales. He seeks an order against his former wife for the return to Australia ...
CJ v KJ [2005] EWHC 2998 (Fam) (21 December 2005)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 5 August 2005 the Plaintiff father, Mr J, a 30 year old United States citizen living in Connecticut, issued an application under the Hague Convention. He seeks an order that his 4 year old daughter, AJ, born...
K (a minor), Re [2006] EWHC 1007 (Fam) (09 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 6 April 2006, on the application of a Teaching Hospital NHS Trust (The Trust), I made a declaration to enable the medical staff of the Trust to remove from the abdomen of a baby in their care a tube necessary...
Luton Borough Council v N & Anor [2006] EWHC 1189 (Fam) (24 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I am concerned for Rachelle N. She is either 13 or 17 years old. Care proceedings were brought in respect of her on 3 November 2004. She was born in the Democratic Republic of Congo and remained there until November...
Trust A & Anor v H [2006] EWHC 1230 (Fam) (25 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In this case a Primary Care Trust (which I shall call Trust A) and a Hospital NHS Trust (whom I shall call Trust B) apply to the court under its inherent jurisdiction in respect of a forty-five year old female patient...
C (a child), Re [2006] EWHC 1229 (Fam) (25 May 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These proceedings under the Hague Convention concern a young girl (whom I shall call A) who was born on 11 May 1992 and is now just 14. Her father who brings the proceedings and her mother, with whom she is living...
T & J (children), Re [2006] EWHC 1472 (Fam) (20 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In these Hague Convention Proceedings, the plaintiff mother applies for the return of her children T, a girl born on 25 August 1998 and now almost eight, and J, a boy born on 31 December 1999 and now aged 6, to ...
Reading Borough Council v Miss Angela D & Ors [2006] EWHC 1465 (Fam) (20 June 2006)
seen at 10:52, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application by the Intervener, the Chief Constable of Thames Valley Police ("the Police") of 14 February 2006. It relates to documents which were handed to one of his officers, DC Johnson, by a social...
Newcastle Upon Tyne City Council v Mrs O & Ors [2006] EWHC 1467 (Fam) (21 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I am concerned for 2 children, M born on 6 January 2001 and now 5 years of age, and K born on 10 November 2004 who is now 1 � years of age. The father of both children is believed to be Mr O who lives in Benin...
Charman v Charman [2006] EWHC 1879 (Fam) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In the recent House of Lords decision in the case of Miller/McFarlane [2006] UKHL 24 ("Miller/McFarlane") Baroness Hale considered that the size of the fortune in the Miller case (about £17.5m) put ...
Wilkinson v Kitzinger & Ors [2006] EWHC 2022 (Fam) (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In these proceedings, the Petitioner Susan Wilkinson seeks a declaration as to her marital status under s.55 of the Family Law Act 1986 ("the 1986 Act").
ERG Raffinerie Mediterranee Spa v Chevron USA Inc (t/a Chevron Texaco Global Trading) [2006] EWHC 1322 (Comm) (09 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant (ERG) operates two oil refineries in Priolo, near Syracuse, in Sicily, known as ISAB Sud and ISAB Nord. The Defendant is part of the Chevron Texaco Group ("Chevron").
Vertex Data Science Ltd v Powergen Retail Ltd [2006] EWHC 1340 (Comm) (09 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant, to whom I shall refer as "Vertex," is a wholly owned subsidiary of United Utilities plc, which is as its name suggests a utility company. Vertex is the customer management outsourcing division of United...
Oceanografia SA DE CV v DSND Subsea AS [2006] EWHC 1360 (Comm) (12 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application under section 67 of the Arbitration Act 1996 ("the 1996 Act") challenging an Arbitration Award dated 17th September 2004, by which the three Arbitrators held that they had substantive jurisdiction...
Petromec Inc v Petroleo Brasiliero SA Petrobras & Anor [2006] EWHC 1443 (Comm) (16 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This trial is the latest instalment in a long-running saga arising out of the provision of upgrade services by the Claimant, Petromec Inc. ("Petromec"), in relation to the Platform (formerly known as Spirit of ...
Trafigura Beheer BV v Kookmin Bank Co [2006] EWHC 1450 (Comm) (16 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Trafigura Beheer BV v Kookmin Bank Co [2006] EWHC 1450 (Comm) (16 June 2006)
Harper Versicherungs AG v Indemnity Marine Assurance Company Ltd & Ors [2006] EWHC 1500 (Comm) (23 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Part VII of the Financial Services and Markets Act 2000 makes provision for the control and sanctioning of insurance business transfer schemes. Section 112 provides that if an order made under subsection (1) thereof...
Econet Wireless Ltd v Vee Networks Ltd & Ors [2006] EWHC 1568 (Comm) (28 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 15 May 2006, Langley J granted a 'without notice' injunction against 21 Respondents in favour of the claimants, whom I shall call Econet.� In my judgment, the injunction should never have been sought as it ...
ING RE (UK) Ltd. v R & V Versicherung Ag [2006] EWHC 1544 (Comm) (29 June 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The issues in this case are whether the defendant is bound by a contract signed by an agent supposedly on its behalf, but without authority to do so, on the grounds either that the agent had ostensible authority...
Halpern & Anor v Halpern & Ors [2006] EWHC 1642 (Comm) (04 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is the trial of a preliminary issue ordered to be tried by Mr. Justice Christopher Clarke on 24 March 2006. The issue is one of law, namely, whether a party can avoid a contract procured by duress in circumstances...
R+Versicherung AG v Risk Insurance and Reinsurance Solutions SA & Ors [2006] EWHC 1705 (Comm) (10 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 18 November 2004 Moore-Bick J gave his judgment on liability in this case in favour of the Claimant, and on 27 January 2006 Gloster J gave her judgment on certain issues of principle in relation to the quantum...
Goshawk Dedicated Ltd v ROP Inc [2006] EWHC 1730 (Comm) (12 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant, Goshawk, in its capacity as sole member of Lloyd's Syndicate 2021, issued an Arbitration Claim Form naming ROP Inc [ROP] as the Defendant.
Econet Satellite Services Ltd. v Vee Networks Ltd [2006] EWHC 1664 (Comm) (13 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These are proceedings for relief under ss. 67, 68 and 69 of the Arbitration Act 1996 ("the Act").
Ullises Shipping Corp v FAL Shipping Co Ltd Rev 1 [2006] EWHC 1729 (Comm) (14 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Ullises Shipping Corporation ("Owners") were owners of a tanker called the Greek Fighter which in December 2001 was under time charter to Fal Shipping Company Limited ("Fal"). This is a claim by Owners against ...
WPP Holdings Italy Srl & Ors v Benatti [2006] EWHC 1641 (Comm) (18 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application challenging the jurisdiction of the court over proceedings brought against Mr Marco Benatti by WPP Holdings Italy Srl ("WPP Italy"), WPP 2005 Limited ("WPP 2005") and Berkeley Square Holding...
Habib Bank Ltd v Central Bank of Sudan [2006] EWHC 1767 (Comm) (19 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a claim against an issuing bank by a confirming bank for reimbursement in respect of payments made under two confirmed letters of credit.
Kensington International Ltd v Republic of Congo & Anor [2006] EWHC 1848 (Comm) (20 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application for permission to cross-examine a person named Dr Nwobodo on his affidavit sworn pursuant to a search order made by Gloster J on 24 March 2006, which was executed on 27 March 2006. The claimant...
Balmoral Group Ltd v Borealis [UK] Ltd. & Ors [2006] EWHC 1900 (Comm) (25 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This judgment is divided into the following sections:
Edwinton Commercial Corp & Anor v Tsavliriss Russ (Worldwide Salvage & Towage) Ltd (Sea Angel) [2006] EWHC 1713 (Comm) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On the 27th July, 2003, the "TASMAN SPIRIT" ("the casualty"), laden with some 67,537 mt of light crude oil, grounded in or near the approaches to the port of Karachi. Subsequently, on or about the 13th August, the...
Masri v Consolidated Contractors International UK Ltd & Anor [2006] EWHC 1931 (Comm) (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant, Munib Masri ("Mr.�Masri"), is a Jordanian national and Palestinian businessman, now aged 71, who had a career in the energy industry before founding the EDGO group of companies ("EDGO"). At all ...
National Westminster Bank Plc v Rabobank Nederland [2006] EWHC 2108 (Comm) (07 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This application by Rabobank is advanced in somewhat unusual circumstances. In substance it asks for permission to rely on the allegations advanced in a document called Misrepresentation Statement of Case ("MSC...
Coaten v PBS Corporation [2006] EWHC 1781 (Ch) (18 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This claim is a dispute in respect of a very valuable flat (worth around £1,500,000) at the ground and first floor of 90 Eaton Place London SW1 ("the Property").
Revenue and Customs v Maco Door and Window Hardware (UK) Ltd. [2006] EWHC 1832 (Ch) (19 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Since 1945 it has been possible to write down against the profits of a business for the purposes of calculating its liability to tax the capital expenditure which it has incurred on buildings or structures in use...
Secretary of State for Trade & Industry v Aviss & Ors [2006] EWHC 1846 (Ch) (20 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Mea Corporation Ltd was incorporated on 21 May 1981. It traded as heating and maintenance engineers. It is referred to in some of the contemporaneous documents under its former name of Total Environmental & Maintenance...
McCarthy v McCarthy & Stone Plc [2006] EWHC 1851 (Ch) (20 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This judgment arises out of a hearing on two matters:-
Vision Golf Ltd v Weightmans (a firm) [2006] EWHC 1766 (Ch) (21 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an assessment of damages pursuant to an Order of Lewison J following a trial on issues of causation and liability in 2005. In the action, the Claimant, Vision Golf Limited ("Vision Golf"), claimed damages...
Irani v Irani & Ors [2006] EWHC 1811 (Ch) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The issue in this case is whether in July and August 1984 the late Kaikhushroo Boman Irani ("the Deceased") entered into a contract with, or assumed or became subject to a binding obligation to, his former wife ...
Witkowska v Kaminski [2006] EWHC 1940 (Ch) (25 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal, with a cross-appeal, against the decision dated 26 July 2005 of His Honour Judge Cowell sitting in the Central London County Court in proceedings under the Inheritance (Provision for Family and...
Platinum Investment Trust Plc v Knox D' Arcy Asset Management Ltd [2006] EWHC 1893 (Ch) (25 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Platinum Investment Trust Plc v Knox D' Arcy Asset Management Ltd [2006] EWHC 1893 (Ch) (25 July 2006)
Silversafe Ltd & Anor v Hood & Ors [2006] EWHC 1849 (Ch) (25 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In this matter I heard 3 applications:-
Marplace (Number 512) Ltd v Chaffe Street (a firm) [2006] EWHC 1919 (Ch) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Ebrahim ("Ebby") Jebreel and his brother Jacob Jebreel are businessmen, mainly interested in property transactions. I shall refer to them together as "the Jebreels." In mid-September 2000, the Jebreels were interested...
Gauntlett v The Law Society [2006] EWHC 1954 (Ch) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from the decision of District Judge Karp sitting in the Guildford County Court given on the 3rd February 2006 by which she dismissed the application of Matthew Vincent Gauntlett ("Mr Gauntlett") ...
Ford Camber Ltd v Deanminster Ltd & Anor [2006] EWHC 1961 (Ch) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This judgment arises out of an application by the Claimant issued on the 5th December 2005 for Permission to Amend the Particulars of Claim in the form of the draft amendment annexed to that application. The application...
Regan v Paul Properties DPF No 1 Ltd. & Ors [2006] EWHC 1941 (Ch) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In these proceedings the Claimant, Mr. Dennis Regan, claims injunctions and damages against the Defendants in the tort of nuisance, for allegedly having infringed his rights to light by constructing a mixed commercial...
Crane Road Properties Llp v Hundalani & Ors [2006] EWHC 2066 (Ch) (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Both titled actions, which were ordered to be tried together, concern disputed rights and liabilities over Crane Road, a private roadway leading south of Bedfont Road, Stanwell. The issues range from disputes over...
Thomson Snell & Passmore (A Firm) v Armstrong & Anor [2006] EWHC 2027 (Ch) (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application for permission to appeal against the decision of Deputy Master Mark dated the 14th March 2006 ("the Decision") to grant the Claimant, the firm of solicitors Thomson Snell & Passmore, summary...
Fulham Leisure Holdings Ltd v Nicholson Graham & Jones [2006] EWHC 2017 (Ch) (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a professional negligence action in which the claimant ("Holdings") seeks to claim in negligence against the solicitors (Messrs Nicholson Graham Jones, "NGJ") who were acting for it in its acquisition of...
St Paul Travelers Insurance Co. Ltd. v Okporuah & Ors [2006] EWHC 2107 (Ch) (10 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This claim raises interesting issues as to the effect in law upon the liability for acts of deceit by one of two alleged conspirators of a fraud said subsequently to have been practised upon him by his CO-conspirator...
Secretary of State for Trade & Industry v Carr & Ors [2006] EWHC 2110 (Ch) (10 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application by the Secretary of State for a disqualification order against Richard Carr under the Company Directors Disqualification Act 1986 (CDDA 1986). The application is made under section 8, following...
HM Revenue & Customs v Barclays Bank Plc & Anor [2006] EWHC 2118 (Ch) (11 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal by the Commissioners for HM Revenue and Customs (HMRC) from a decision of the Special Commissioner (Mr I.J. Ghosh) dated 29 December 2005 by which he allowed appeals against three notices of determination...
Vaughan v Jones & Ors [2006] EWHC 2123 (Ch) (11 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application under s 51(3) of the Supreme Court Act 1981 for a third party costs order. The application is made by Michael Vaughan against Mark Fowler and his wife Jane Fowler and it relates to the costs...
Alegrete Shipping Co Inc (Owners of the Ship "Sea Empress") & Anor v The International Oil Pollution Compensation Fund 1971 & Ors [2002] EWHC 1095 (Admlty) (29 May 2002)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Court is concerned with a preliminary issue in the claim arising out of the grounding of the Sea Empress off Milford Haven in February 1996. The claim is brought by RJ Tilbury & Sons (Devon) Ltd (�Tilbury...
Dover Harbour Board v Owners of the Star Maria [2002] EWHC 1423 (Admlty) (16 July 2002)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is a claim for salvage by the Dover Harbour Board ("the Board") against the Owners of the vessel STAR MARIA. The Defendants were not represented at the hearing although they had been represented by solicitors...
Welburn v Evert-M Ltd & Anor [2002] EWHC 2034 (Admlty) (10 October 2002)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Welburn v Evert-M Ltd & Anor [2002] EWHC 2034 (Admlty) (10 October 2002)
Margolle & Anor v Delta Maritime Company Ltd. & Ors [2002] EWHC 2452 (Admlty) (28 November 2002)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
At about 04.30 on 23rd April, 2001, the Claimants' motor fishing vessel, the "SAINT JACQUES II" collided with the First Defendants' vessel, the motor tanker "GUDERMES", in the English Channel about 13 miles...
Bow Spring, owner of the Ship v Owners of the Ship Manzanillo II [2003] EWHC 1802 (Admlty) (22 July 2003)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This case, to quote Langton J in The Pembrokeshire (1936) 55 Ll. L. Rep.77 "belongs to a small but interesting class, because the claim arises not out of a collision, but out of what is known in riverside language...
Indigo International Holdings Ltd & Anor v Brave Challenger, Owners and/or demise charterers of [2003] EWHC 3154 (Admlty) (18 December 2003)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These two actions arise out of a sale contract made on the 14th April 2000. The sale related to a vessel called "Brave Challenger". The sellers were Indigo International Holdings Limited ("Indigo") and Urbane ...
Booth v Phillips & Ors [2004] EWHC 1437 (Admlty) (17 June 2004)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The claimant in this action is Mrs. Margaret Booth, the widow of Clifford Booth who was employed as chief engineer on the MV MAYSORA. On 2 March 2001 he died whilst working on board the vessel in Egypt.
Humber Work Boats Ltd v "Selby Paradigm", Owners of MV & Ors [2004] EWHC 1804 (Admlty) (23 July 2004)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In this application the intended defendants seek the following relief:
Carisbrooke Shipping CV5 v Bird Port Ltd [2005] EWHC 1974 (Admlty) (13 September 2005)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Carisbrooke Shipping CV5 v Bird Port Ltd [2005] EWHC 1974 (Admlty) (13 September 2005)
Dunster Properties Ltd v First Secretary of State & Anor [2006] EWHC 2079 (Admin) (20 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE BURTON: This has been the hearing of an appeal by Dunster Properties Ltd against a decision of the First Secretary of State's inspector, Mr Mead, given on 25th November 2005.
Horvath, R (on the application of) v Secretary of State For the Environment, Food & Rural Affairs [2006] EWHC 1833 (Admin) (21 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant is a farmer, the managing partner of a family farming partnership in Suffolk. He is eligible for payment entitlements in accordance with the Single Payment Scheme ("SPS") under the Common Agricultural...
Silicon Graphics Finance SA v HM Revenue & Customs [2006] EWHC 1889 (Admin) (21 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Silicon Graphics Finance SA ("the claimants") are seeking to quash a decision of Her Majesty's Revenue and Customs ("HMRC"), who are the successors of Her Majesty's Commissioners for Customs and Excise, by which...
OS, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 1903 (Admin) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
OS ("the claimant") seeks to quash decisions of the Secretary of State for the Home Department ("the Secretary of State") made on 23 December 2005 ("the December decision") and 20 March 2006 ("the March decision...
Bezant v Cork [2006] EWHC 2126 (Ch) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I have before me an application to strike out an application by Dr. Bezant under s.212 of the Insolvency Act 1986 ("the Act") against the former liquidator of Tertiary Enterprises Limited ("the Liquidator") on the...
Council for the Regulation of Healthcare Professionals v General Dental Council & Anor [2006] EWHC 1870 (Admin) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Iain Ralph Marshall became a dentist in 1982. He received the qualification of Batchelor of Dental Surgery from Manchester University in that year. From 1985 he established a dental practice in Belfast, Northern...
Siddiqui, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2006] EWHC 2076 (Admin) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE BURTON: This has been the day listed for hearing of the planning appeal by Mr Kamal Ahmed Siddiqui ("the claimant") in respect of the refusal by an inspector, appointed by what was then the First Secretary...
Wyman, R (on the application of) v The Chief Constable of Hampshire Constaulary [2006] EWHC 1904 (Admin) (24 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The claimant on this application is Rupert Wyman, who is an undergraduate at Southampton University and who challenges the decision of Police Sergeant Simon Reason made on 6 May 2005 to administer a formal caution...
Cleary, R (on the application of) v Highbury Corner Magistrates' Court & Ors [2006] EWHC 1869 (Admin) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Part 1 of the Anti-social Behaviour Act 2003 concerns premises where drugs are used unlawfully. Section 2 of the Act empowers a magistrates' court to make a closure order of such premises. As I shall indicate, ...
Kilby v Basildon District Council [2006] EWHC 1892 (Admin) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant is a secure tenant (within the meaning of the Housing Act 1985 �"the Act") of premises at 53 Frettons, Basildon, Essex. The landlord is the Defendant, Basildon District Council ("the Council").
P v The Schools Adjudicator & Ors [2006] EWHC 1934 (Admin) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an application, now made by the mother of two pupils at the St Mary Magdalene primary school (SMMPS), for judicial review of the decision of the Schools Adjudicator (the Adjudicator) to approve discontinuance...
Hamilton v Nursing & Midwifery Council [2006] EWHC 2105 (Admin) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE OWEN: The appellant is a nurse and a midwife who had worked in the Health Service for over 20 years before the suspension of her registration on 18th May 1999. She appeals against the decision of the...
Moreton, R (on the application of) v Medical Defence Union Ltd. [2006] EWHC 1948 (Admin) (26 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
I have before me a preliminary issue as to whether the defendant, the Medical Defence Union Limited (hereafter the MDUL), is amenable to judicial review, either because it is a "public body" or because it is exercising...
General Medical Council, R (on the application of) v Crate [2006] EWHC 2080 (Admin) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE BURTON: This has been an application by the General Medical Council against Mr Ian Crate, who is a consultant surgeon, against whom proceedings are being considered by the General Medical Council and...
Brewer, R (on the application of) v Supreme Court Costs Office [2006] EWHC 1955 (Admin) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The claimant was one of several defendants to a prosecution conducted by the Serious Fraud Office. He stood trial at Southwark Crown Court but on 19 December 2003 the trial judge directed the jury to return verdicts...
Great North Eastern Railway Ltd v Office of Rail Regulation & Ors [2006] EWHC 1942 (Admin) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
In these proceedings the Claimant challenges the Defendant's decision under the Railways Act 1993 (the Act) to grant the two Interested Parties track access rights which will enable them to operate passenger services...
General Medical Council, R (on the application of) v Donegan [2006] EWHC 2078 (Admin) (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE BURTON: This has been the application of the General Medical Council for permission to issue a first witness summons against Dr Donegan to produce documents on a date, which we will discuss at the end...
Oliver v Secretary of State for the Home Department [2006] EWHC 1847 (Admin) (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 18 July 2005 in a case concerned with the proposed extradition to Spain of a man called Darkanzali, the Second Senate of the German Federal Constitutional Court ("the FCC") declared the German European Arrest...
Martin Boston and Warren Boston & Anor, R (on the application of) v Criminal Cases Review Commission [2006] EWHC 1966 (Admin) (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Criminal Cases Review Commission is a body corporate established under section 8 of the Criminal Appeal Act 1995. Where a person has been convicted of an offence on indictment, the Commission has power to refer...
Khail, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 2139 (Admin) (16 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Claimant is a citizen of Afghanistan of Pashtun ethnic origin. He entered the UK on the 9th May 2002 and claimed asylum the following day. The asylum claim was rejected by the Home Secretary on 8th July 2002...
Paul & Ors, R. v [2006] EWCA Crim 1707 (05 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE HUGHES: We have before us three appeals against conviction and two against sentence on the part of four men, who were convicted of conspiracy to import cocaine. We deal first with the appeals against...
Bates, R. v [2006] EWCA Crim 2019 (07 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
The Recorder of Newcastle: On 16th January 2006, at the Crown Court at Blackfriars before His Honour Judge Samuels QC, this applicant pleaded guilty on re-arraignment to one count of wounding with intent to cause...
Bates, R. v [2006] EWCA Crim 1395 (07 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 3 May 2005 in the Central Criminal Court before Fulford J. and a jury the appellant, Richard Bates, was convicted of murder and was sentenced to life imprisonment with an order that he serve a minimum term of...
Ahmati, R. v [2006] EWCA Crim 1826 (07 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
MR JUSTICE MCCOMBE: This court has heard today submissions made by Mr Keith of counsel on behalf of the Home Office following a direction by this court, at the hearing of an appeal in March of this year, that the...
Da Silva, R. v [2006] EWCA Crim 1654 (11 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 2nd March 2005 in the Crown Court at the Middlesex Guildhall, the appellant, Hilda Gondwe Da Silva, was convicted of assisting another person to retain the benefit of criminal conduct knowing or suspecting that...
Rigby & Anor v R [2006] EWCA Crim 1653 (12 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This appeal concerns confiscation orders made in criminal proceedings under Part VI of the Criminal Justice Act 1988. It raises two difficult points on the construction and application of section 71 of that Act...
O'Brien & Ors v R. [2006] EWCA Crim 1741 (14 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Three separate cases, one with two appellants, were listed before us because the three cases raised the same question: "Can a sentence of imprisonment for public protection ("IPP") under section 225 (2) of the Criminal...
Loizou, R. v [2006] EWCA Crim 1719 (14 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 6th July 2005 in the Crown Court at Ipswich (H.H.J. Holt ) the appellant was convicted of transferring criminal property, £87,010 in cash, contrary to section 327(1) (d) of the Proceeds of Crime Act...
Chapman, R. v [2006] EWCA Crim 1926 (17 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Judge Rogers: On 28th February 2006, at the Crown Court at Reading, this appellant was sentenced in respect of two indictments. On the first of those indictments there was one count of attempted robbery, an offence...
Ullah, R. v [2006] EWCA Crim 2003 (18 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE GAGE: This is a renewed application for leave to appeal against conviction by Navid Ullah.
Topasna, R. v [2006] EWCA Crim 1969 (18 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
THE VICE PRESIDENT: In this case the appellant pleaded guilty to five counts of causing death by dangerous driving on 18th October 2005. On 9th November 2005 he was sentenced to five years' imprisonment concurrent...
Norman & Ors, R. v [2006] EWCA Crim 1792 (20 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These appeals raise a variety of issues arising out of the provisions of section 240 of the Criminal Justice Act 2003 (the 2003 Act). This section imposes an obligation on judges when passing sentence to make a...
Rehman, R. v [2006] EWCA Crim 1900 (25 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 27 January 2005 in the Crown Court at Manchester the appellant was convicted of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a Class A drug, namely diamorphine. ...
V, R. v [2006] EWCA Crim 1901 (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 16 August 2005 in the Crown Court sitting at Winchester, the Appellant was convicted on three counts involving sexual conduct towards his daughter, J: assaulting a child under 13 by penetration (count 1) and...
SL, R. v [2006] EWCA Crim 1902 (27 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
SL, R. v [2006] EWCA Crim 1902 (27 July 2006)
Kumar v R [2006] EWCA Crim 1946 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
These are the Court's reasons for dismissing the appellant's appeal against conviction.
R v Soroya [2006] EWCA Crim 1884 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 22nd June 2004, in the Crown Court at Blackfriars before His Honour Judge Martineau and a jury, Naveed Soroya was convicted of one count of rape (count 2). He was acquitted of indecent assault, (count 1) on ...
Javid v R [2006] EWCA Crim 1947 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
Ajad Javid was convicted in the Crown Court at Southwark before Judge Hardy and a jury on 22 July 2004 of conspiracy to supply cocaine. On 23 July 2004 he was sentenced to 25 years imprisonment. On 10 July 2006 ...
Steele, R. v [2006] EWCA Crim 2000 (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
LORD JUSTICE MAURICE KAY: Since this matter was listed some 2 months ago, this has proved to be the first occasion upon which the three members of the Court have been in London at the same time. But before turning...
Tinsley, R v [2006] EWCA Crim 2006 (10 August 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On the 10th November 2005 in the Crown Court at Liverpool before Her Honour Judge Steele, the appellant was convicted of two counts of indecent assault. He was subsequently sentenced to a concurrent term of five...
Al-Koronky & Anor v Time-Life Entertainment Group Ltd & Anor [2006] EWCA Civ 1123 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
All three members of the court have contributed to the judgment which follows.
Singh, R (on the application of) v Chief Constable of West Midlands Police [2006] EWCA Civ 1118 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This appeal arises from the enactment of the Anti-social Behaviour Act 2003 ("the Act") which gave new powers to the police to deal with anti-social behaviour. In this case the West Midlands police force relied...
Green & Ors v Gaul & Ors [2006] EWCA Civ 1124 (28 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal from an order made on 18 March 2005 by Mr Justice Lawrence Collins in administration proceedings relating to the estate of the late Mr Ivor Andrew Loftus.
Newman v Laver & Anor [2006] EWCA Civ 1135 (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
On 21 September 1999 Mr Paul Newman was involved in a road traffic accident near his home in Sherborne, Dorset. His car was struck from behind by another car driven by Mrs Anne Laver, at a speed of some 20-25 mph...
Aziz v Crown Presecution Service [2006] EWCA Civ 1136 (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is the appeal of Halima Aziz, brought with permission of Pill LJ, against the decision of the Employment Appeal Tribunal (EAT) dated 24th May 2005. The EAT had reversed the unanimous decision of the Employment...
Stoke On Trent City Council v Walley [2006] EWCA Civ 1137 (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This appeal raised the following question: does the court have jurisdiction to enter judgment for a claimant in reliance on an admission made by a defendant before the commencement of the action, which the defendant...
Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134 (31 July 2006)
seen at 10:51, 25 August in BAILII - Recent Decisions (All cases) (Our copy).
This is an appeal by the claimant, but in reality by DAS Legal Expenses Insurance Co Ltd ("DAS"), who acted as the claimant's "after the event" ("ATE") legal expenses insurers, on appeal from a decision of His Honour...