From: Lawtel <sweetandmaxwell.dailyupdate@thomson.com>
To: Steven Petrie
Sent: Mon Jul 05 05:31:57 2010
Subject: Insolvency update : 05/07/2010
Insolvency update - 5/7/2010
Case Law
NOTTINGHAMSHIRE COUNTY COUNCIL v (1) EMMA KATE BOTTOMLEY (BY HER LITIGATION FRIEND HELEN RYAN) (2) EAST MIDLANDS STRATEGIC HEALTH AUTHORITY (2010)
A local authority's financial interest in whether damages paid to a person in its care would be paid as a lump sum or in periodical payments made it desirable for it to be joined into proceedings to assess those damages.
CIVIL PROCEDURE - LOCAL GOVERNMENT - PERSONAL INJURY
CA (Civ Div) (Maurice Kay LJ, Rix LJ, Stanley Burnton LJ) 2/7/2010
References: LTL 2/7/2010
Document No.: Case Law - AC0125257
PACIFIC INTERNATIONAL SPORTS CLUBS LTD v IGOR SURKIS & ORS (2010)
Ukraine was the natural forum for the trial of claims arising out of disputes regarding a Ukrainian football club where the individual defendants lived in Ukraine, the relevant events took place in Ukraine and the claims raised difficult issues of Ukrainian law.
CONFLICT OF LAWS - CIVIL PROCEDURE
CA (Civ Div) (Mummery LJ, Moore-Bick LJ, Stanley Burton LJ) 2/7/2010
References: LTL 2/7/2010
Document No.: Case Law - AC0125258
R (on the application of C & ANOR) v NOTTINGHAM CITY COUNCIL (2010)
The court dismissed appeal proceedings brought by two young people against the dismissal of their claim for judicial review against a local authority's refusal to treat them as "relevant children" for the purposes of the Children (Leaving Care) (England) Regulations 2001 in circumstances where the local authority had, voluntarily, offered to provide them with all the services that would be available to them under the Regulations in any event.
HOUSING - CIVIL PROCEDURE - LOCAL GOVERNMENT
CA (Civ Div) (Sir Andrew Morritt (Chancellor), Rimer LJ, Jackson LJ) 1/7/2010
References: LTL 1/7/2010 EXTEMPORE
Document No.: Case Law - AC9200957
MUTANDERIS RECOVERIES LTD (FORMERLY KNOWN AS ATLANTIC AIR LTD) (In Liquidation) (Claimant) v ALEXANDER HOFF (Defendant/Applicant) & ADRIAN KIRBY (Third Party/Respondent) (2010)
In the circumstances it was right for the court to exercise its discretion to make an order for costs in favour of a defendant against a non-party, that party having essentially controlled the claimant company, funded the action and acted in bad faith.
CIVIL PROCEDURE - COSTS
QBD (Master Fontaine) 30/6/2010
References: LTL 2/7/2010
Document No.: Case Law - AC0125252
MAYOR OF LONDON (ON BEHALF OF THE GREATER LONDON AUTHORITY) v REBECCA HALL & 19 ORS (2010)
The Mayor of London had a right of exclusive possesson of Parliament Square Gardens in central London as against a group of protestors who had set up an unauthorised camp there. He was therefore entitled to possession of the gardens as against the protestors and was entitled to an injunction requiring them to dismantle the camp and to vacate the area.
CIVIL PROCEDURE - LOCAL GOVERNMENT - REAL PROPERTY
QBD (Griffith Williams J) 29/6/2010
References: LTL 1/7/2010
Document No.: Case Law - AC0125235
(1) BSKYB LTD (2) SKY SUBSCRIBERS SERVICES LTD v (1) HP ENTERPRISE SERVICES UK LTD (2) ELECTRONIC DATA SYSTEMS LLC (FORMERLY ELECTRONIC DATA SYSTEMS CORP) (NO.2) (2010)
As the claimants had not been wholly successful in their claims for fraudulent misrepresentation and negligent misstatement, a proportionate costs order was appropriate to reflect the extent to which they had not been selective in the points they had taken and those costs were to be assessed on the standard basis. In addition, sums awarded by way of damages for lost benefits would be adjusted to take into account the reduction in the rate of corporation tax as there was no insurmountable difficulty in making the calculation.
CIVIL PROCEDURE - COSTS - TAX
QBD (TCC) (Ramsey J) 28/6/2010
References: LTL 1/7/2010
Document No.: Case Law - AC0125230
SUSAN GIBBON v MANCHESTER CITY COUNCIL : LG BLOWER SPECIALIST BRICKLAYER LTD v (1) JOHN REEVES (2) ANNE REEVES (2010)
The CPR Pt 36 was a self-contained code which was to be read and understood according to its terms without importing rules derived from the general law, save where that was clearly intended.
CIVIL PROCEDURE
CA (Civ Div) (Sir Anthony May (President QB), Carnwath LJ, Moore-Bick LJ) 25/6/2010
References: LTL 25/6/2010
Document No.: Case Law - AC0125182
MONTPELLIER ESTATES LTD v LEEDS CITY COUNCIL (2010)
In the circumstances it was not right to strike out parts of the particulars of a claim brought by a company against a local authority alleging that it had acted unfairly in a procurement process for the development of an arena.
PUBLIC PROCUREMENT - CIVIL PROCEDURE - LOCAL GOVERNMENT
QBD (Eady J) 24/6/2010
References: LTL 24/6/2010
Document No.: Case Law - AC0125168
A LOCAL AUTHORITY v (1) MRS A (BY HER LITIGATION FRIEND THE OFFICIAL SOLICITOR) (2) MR A (SUPPLEMENTAL JUDGMENT) (2010)
It was not appropriate to adjourn an application, even where a party had agreed to co-operate with other parties in the future, as the risk of that collaborative approach continuing and producing nothing useful was too great to lose the advantage to the parties of having a decision.
CIVIL PROCEDURE
Fam Div (Bodey J) 24/6/2010
References: LTL 28/6/2010
Document No.: Case Law - AC0125175
SM v HV (2010)
Even though both parties to an application for financial provision for their child were living in England, the English court did not have jurisdiction to hear the application as the parties had entered into an agreement in France, confirmed in a French court order, that any disagreement about financial provision would be resolved by mediation or court proceedings in France.
FAMILY LAW - CIVIL PROCEDURE
Fam Div (Sir Nicholas Wall (President Fam)) 23/6/2010
References: LTL 25/6/2010
Document No.: Case Law - AC0125176
News & Press
Top law firm that aimed to high crashes down to Earth
INSOLVENCY - LEGAL PROFESSION
Spence, Alex
Times, June 26, 2010, 54
Jun 28, 2010
Document No.: News and Press - AR0122131
Guideline hourly rates finalised
CIVIL PROCEDURE
Judicial Communications Office
Jun 28, 2010
Document No.: News and Press - AR0122208
Insolvent, unsecured and feeling insecure
COMPETITION LAW - INSOLVENCY
Gilmore, Grainne; Spence, Alex
Times, June 25, 2010, 51
Jun 25, 2010
Document No.: News and Press - AR0121955
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