BAILII: Recent Decisions

Posted July 29th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

T, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 801 (28 July 2016)

Bhardwa v FDA & Ors [2016] EWCA Civ 800 (28 July 2016)

Hampshire v The Board of the Pension Protection Fund [2016] EWCA Civ 786 (28 July 2016)

Court of Appeal (Criminal Division)

Palmer, R v [2016] EWCA Crim 1049 (28 July 2016)

Oliver v R [2016] EWCA Crim 1053 (28 July 2016)

Denham & Anor v R [2016] EWCA Crim 1048 (28 July 2016)

High Court (Administrative Court)

Save Our Greenhills Community Group v Secretary of State for Communities And Local Government & Ors [2016] EWHC 1929 (Admin) (29 July 2016)

XH & AIt, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 1898 (Admin) (28 July 2016)

Solicitors Regulation Authority v Manak & Anor [2016] EWHC 1914 (Admin) (28 July 2016)

High Court (Chancery Division)

Haque v Raja & Anor [2016] EWHC 1950 (Ch) (28 July 2016)

Richards v Worcestershire County Council & Anor [2016] EWHC 1954 (Ch) (28 July 2016)

Royal National Lifeboat Institution & Ors v Headley & Anor [2016] EWHC 1948 (Ch) (28 July 2016)

High Court (Commercial Court)

National Bank Trust v Yurov & Ors [2016] EWHC 1991 (Comm) (29 July 2016)

National Bank Trust v Yurov & Ors [2016] EWHC 1913 (Comm) (28 July 2016)

IMS SA & Ors v Capital Oil And Gas Industries Ltd [2016] EWHC 1956 (Comm) (28 July 2016)

Idemitsu Kosan Co Ltd v Sumitomo Corporation [2016] EWHC 1909 (Comm) (27 July 2016)

High Court (Family Division)

MG v FG [2016] EWHC 1964 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Daley v Bakiyev [2016] EWHC 1972 (QB) (29 July 2016)

Bukovsky v Crown Prosecution Service [2016] EWHC 1926 (QB) (28 July 2016)

Foster v McNicol & Anor [2016] EWHC 1966 (QB) (28 July 2016)

High Court (Technology and Construction Court)

Scott & Ors v EAR Sheppard Consulting Civil and Structural Engineers Ltd [2016] EWHC 1949 (TCC) (27 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 28th, 2016 in law reports by tracey

Supreme Court

The Christian Institute & Ors v The Lord Advocate (Scotland) [2016] UKSC 51 (28 July 2016)

Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 (27 July 2016)

Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016)

Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 (27 July 2016)

Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016)

Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47 (27 July 2016)

Court of Appeal (Civil Division)

MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2016] EWCA Civ 789 (27 July 2016)

Bolle Transport BV v Secretary of State for the Home Department [2016] EWCA Civ 783 (27 July 2016)

Hospira UK Ltd v Genentech Inc [2016] EWCA Civ 780 (27 July 2016)

WH Newson Holding Ltd & Ors v IMI Plc & Anor [2016] EWCA Civ 773 (27 July 2016)

Department for Work And Pensions v The Information Commissioner & Anor [2016] EWCA Civ 758 (27 July 2016)

Court of Appeal (Criminal Division)

Powell & Anor, R v [2016] EWCA Crim 1043 (27 July 2016)

High Court (Administrative Court)

YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) (27 July 2016)

Jalal, R (On the Application Of) v Royal Borough of Greenwich [2016] EWHC 1848 (Admin) (27 July 2016)

GS, R (On the Application Of) v London Borough of Camden [2016] EWHC 1762 (Admin) (27 July 2016)

Nuttall & Anor v National Crime Agency [2016] EWHC 1911 (Admin) (27 July 2016)

Lucas, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1960 (Admin) (27 July 2016)

High Court (Chancery Division)

National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)

Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch) (27 July 2016)

High Court (Commercial Court)

Novus Aviation Ltd v Alubaf Arab International Bank BSC(C) [2016] EWHC 1937 (Comm) (27 July 2016)

High Court (Queen’s Bench Division)

Bill Kenwright Ltd v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) (28 July 2016)

Economou v de Freitas [2016] EWHC 1853 (QB) (27 July 2016)

High Court (Technology and Construction Court)

Ground Developments Ltd v FCC Construccion SA & Ors [2016] EWHC 1946 (TCC) (27 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 27th, 2016 in law reports by tracey

High Court (Patents Court)

Global Flood Defence Systems Ltd & Anor v Johan Van Den Noort Beheer BV & Ors [2016] EWHC 1851 (Pat) (26 July 2016)

High Court (Queen’s Bench Division)

Wright v Barts Health NHS Trust [2016] EWHC 1834 (QB) (26 July 2016)

Richards & Anor v IP Solutions Group Ltd [2016] EWHC 1835 (QB) (22 July 2016)

Vilca & Ors v Xstrata Ltd & Ors [2016] EWHC 1824 (QB) (21 July 2016)

King Lifting Ltd v Oxfordshire County Council [2016] EWHC 1767 (QB) (20 July 2016)

High Court (Technology and Construction Court)

Ocensa Pipeline Group Litigation, Re [2016] EWHC 1699 (TCC) (27 July 2016)

Glenluce Fishing Company Ltd v Watermota Ltd [2016] EWHC 1807 (TCC) (21 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 27th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Simpson v Mirror Group Newspapers Ltd [2016] EWCA Civ 772 (26 July 2016)

Ely v Robson [2016] EWCA Civ 774 (26 July 2016)

Ali v Ansar-Ali [2016] EWCA Civ 781 (26 July 2016)

Federation of Independent Practitioner Organisations v Competition and Markets Authority [2016] EWCA Civ 777 (25 July 2016)

O’Connor v Bar Standards Board [2016] EWCA Civ 775 (25 July 2016)

Hydro v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 784 (22 July 2016)

Citizenm LND St Paul’s Properties BV v Chil Lte & Ors [2016] EWCA Civ 771 (21 July 2016)

OMV Petrom SA v Glencore International AG [2016] EWCA Civ 778 (21 July 2016)

Court of Appeal (Criminal Division)

Singh v R [2016] EWCA Crim 1036 (26 July 2016)

High Court (Administrative Court)

Hawksworth Securities Plc, R (on the application of) v Ireef Queensgate Peterborough Propco SARL & Ors [2016] EWHC 1870 (Admin) (26 July 2016)

Leeds City Council v Broadley [2016] EWHC 1839 (Admin) (26 July 2016)

Tyrrell v HM Senior Coroner County Durham & Darlington & Anor [2016] EWHC 1892 (Admin) (26 July 2016)

Veolia ES Landfill Ltd & Anor, R (on the application of) v HM Revenue & Customs [2016] EWHC 1880 (Admin) (25 July 2016)

Wilkinson, R (On the Application Of) v South Hams District Council & Anor [2016] EWHC 1860 (Admin) (25 July 2016)

The States of Guernsey & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2016] EWHC 1847 (Admin) (22 July 2016)

DAT & Anor, R (on the application of) v West Berkshire Council [2016] EWHC 1876 (Admin) (22 July 2016)

Puceviciene v Lithuanian Judicial Authority [2016] EWHC 1862 (Admin) (22 July 2016)

Working Title Films Ltd, R (on the application of) v Westminster City Council & Anor [2016] EWHC 1855 (Admin) (22 July 2016)

Secretary of State for the Home Department v AL [2016] EWHC 1845 (Admin) (21 July 2016)

High Court (Chancery Division)

Various Claimants v MGN Ltd [2016] EWHC 1894 (Ch) (25 July 2016)

Haederle v Thomas [2016] EWHC 1866 (Ch) (22 July 2016)

Carey & Anor v Burgoyne & Anor [2016] EWHC 1867 (Ch) (22 July 2016)

Gorbunova v The Estate of Boris Berezovsky (aka Platon Elenin) (Deceased) & Ors [2016] EWHC 1829 (Ch) (22 July 2016)

Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch) (21 July 2016)

High Court (Family Division)

L (Habitual Residence: Domestic Abuse), Re [2016] EWHC 1844 (Fam) (22 July 2016)

BC v DE (Rev 1) [2016] EWHC 1806 (Fam) (21 July 2016)

Source: www.bailii.org

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BAILII:Recent Decisions

Posted July 21st, 2016 in law reports by tracey

Supreme court

Patel v Mirza [2016] UKSC 42 (20 July 2016)

High Court (Administrative Court)

Trago Mills Ltd, R (on the application of) v The Secretary of State for Communities and Local Government & Anor [2016] EWHC 1792 (Admin) (21 July 2016)

Moosavi v The Law Society (Solicitors Regulation Authority) [2016] EWHC 1821 (Admin) (20 July 2016)

Marku v The Nafplion Court of Appeal, Greece [2016] EWHC 1801 (Admin) (20 July 2016)

Hamilton-Jackson, R (on the application of) v HM Assistant Coroner for Mid Kent and Medway [2016] EWHC 1796 (Admin) (19 July 2016)

High Court (Chancery Division)

Ralls Builders Ltd, Re [2016] EWHC 1812 (Ch) (20 July 2016)

Ashman v Thomas [2016] EWHC 1810 (Ch) (19 July 2016)

Grant & Anor v Baker [2016] EWHC 1782 (Ch) (18 July 2016)

Lewis v Warner [2016] EWHC 1787 (Ch) (18 July 2016)

High Court (Commercial Court)

L v A [2016] EWHC 1789 (Comm) (18 July 2016)

L R Avionics Technologies Ltd v The Federal Republic of Nigeria & Anor [2016] EWHC 1761 (Comm) (15 July 2016)

High Court (Patents Court)

Anan Kasei Co, Ltd Rhodia Opérations SAS v Molycorp Chemicals & Oxides (Europe) Ltd [2016] EWHC 1722 (Pat) (14 July 2016)

High Court (Queen’s Bench Division)

Ghuman v Ghuman [2016] EWHC 1783 (QB) (20 July 2016)

Laserpoint Ltd v The Prime Minister of Malta & Ors [2016] EWHC 1820 (QB) (20 July 2016)

Cape Distribution Ltd v Cape Intermediate Holdings Plc [2016] EWHC 1786 (QB) (19 July 2016)

Le Guevel-Mouly & Ors v AIG Europe Ltd [2016] EWHC 1794 (QB) (19 July 2016)
Khaled v The Security Service & Ors [2016] EWHC 1727 (QB) (15 July 2016)

Smith v Unknown Defendant, Pseudonym ‘Likeicare’ & Ors [2016] EWHC 1775 (QB) (15 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 20th, 2016 in law reports by tracey

Supreme Court

Willers v Joyce & Anor (Re: Gubay (deceased) No 2) [2016] UKSC 44 (20 July 2016)

Willers v Joyce & Anor (Re: Gubay (deceased) No 1) [2016] UKSC 43 (20 July 2016)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2016] UKSC 45 (20 July 2016)

Court of Appeal (Civil Division)

Abacha & Ors v National Crime Agency [2016] EWCA Civ 760 (19 July 2016)

Raj and Knoll Ltd, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 770 (19 July 2016)

A v B Local Authority & Anor [2016] EWCA Civ 766 (19 July 2016)

Beaumont & Anor v Ferrer [2016] EWCA Civ 768 (19 July 2016)

Express Electrical Distributors Ltd v Beavis & Ors [2016] EWCA Civ 765 (19 July 2016)

Donaldson v HM Revenue and Customs [2016] EWCA Civ 761 (18 July 2016)

Secretary of State for Communities and Local Government v Allen & Anor [2016] EWCA Civ 767 (15 July 2016)

Gallaher Group Ltd & Anor v Competition and Markets Authority [2016] EWCA Civ 719 (15 July 2016)

Court of Appeal (Criminal Division)

Gray v R [2016] EWCA Crim 1034 (20 July 2016)

Hyde & Ors, R v [2016] EWCA Crim 1031 (15 July 2016)

High Court (Administrative Court)

Alshirif v The Secretary of State for the Home Department [2016] EWHC 1770 (Admin) (15 July 2016)

Oliver, R (on the application of) v Director of Public Prosecution [2016] EWHC 1771 (Admin) (15 July 2016)

Camaras v Baia Mare Local Court Romania [2016] EWHC 1766 (Admin) (15 July 2016)

London Borough of Southwark, R (on the application of) v London Fire and Emergency Planning Authority & Anor [2016] EWHC 1701 (Admin) (15 July 2016)

Hicks & Ors, R (on the application of) v Senior Coroner for Inner North London & Ors [2016] EWHC 1726 (Admin) (15 July 2016)

Pressland v The Council of the London Borough of Hammersmith and Fulham [2016] EWHC 1763 (Admin) (15 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 15th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Da Costa & Anor v Sargaco & Anor [2016] EWCA Civ 764 (14 July 2016)

FA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 763 (14 July 2016)

High Court (Administrative Court)

Imbeah, R (on the application of) v Willesden Magistrates’ Court & Anor [2016] EWHC 1760 (Admin) (14 July 2016)

High Court (Chancery Division)

Muhammad & Ors v ARY Properties Ltd & Ors [2016] EWHC 1698 (Ch) (13 July 2016)

High Court (Queen’s Bench Division)

FPH Law (a firm) v Brown (t/a Integrum Law) [2016] EWHC 1681 (QB) (14 July 2016)

Devonport v Gateshead Health NHS Foundations Trust [2016] EWHC 1729 (QB) (13 July 2016)

XP v Compensa Towarzystwo SA & Anor [2016] EWHC 1728 (QB) (13 July 2016)

Ipswich Town Football Club Company Ltd v Suffolk Constabulary [2016] EWHC 1682 (QB) (08 July 2016)

Reaney v University Hospital of North Staffordshire NHS Trust & Anor (No 2) [2016] EWHC 1676 (QB) (08 July 2016)

Radford & Anor v Frade & Ors [2016] EWHC 1600 (QB) (08 July 2016)

LAT v East Somerset NHS Trust (Now Yeovil District Hospital NHS Foundation Trust) [2016] EWHC 1610 (QB) (08 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 14th, 2016 in law reports by tracey

Supreme Court

Edwards v Kumarasamy [2016] UKSC 40 (13 July 2016)

The Public Law Project, R (on the application of) v Lord Chancellor [2016] UKSC 39 (13 July 2016)

Amoena (UK) Ltd v Revenue and Customs [2016] UKSC 41 (13 July 2016)

Campbell v Gordon (Scotland) (Rev 1) [2016] UKSC 38 (6 July 2016)

Ismail, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 37 (6 July 2016)

Court of Appeal (Civil Division)

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG & Ors [2016] EWCA Civ 708 (13 July 2016)

A (A Child), Re [2016] EWCA Civ 759 (13 July 2016)

Thapar v Secretary of State for the Home Department [2016] EWCA Civ 716 (12 July 2016)

Secretary of State for the Home Department v MSM (Somalia) & Anor [2016] EWCA Civ 715 (12 July 2016)

Ferster v Ferster & Ors [2016] EWCA Civ 717 (12 July 2016)

Ministry of Justice v Burton & Anor [2016] EWCA Civ 714 (12 July 2016)

C, T, M and U, R (on the application of) v London Borough of Southwark [2016] EWCA Civ 707 (12 July 2016)

Huda v The London Borough of Redbridge [2016] EWCA Civ 709 (12 July 2016)

Turvill v Bird & Ors [2016] EWCA Civ 703 (11 July 2016)

High Court (Administrative Court)

Jenyo v The General Medical Council [2016] EWHC 1708 (Admin) (13 July 2016)

T & S King (A Partnership), R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs [2016] EWHC 1692 (Admin) (12 July 2016)

IS, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1623 (Admin) (11 July 2016)

Benjamin & Anor, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin) (11 July 2016)

High Court (Chancery Division)

Hall & Anor v Elia & Anor [2016] EWHC 1697 (Ch) (12 July 2016)

BTI 2014 LLC v Sequana SA & Ors [2016] EWHC 1686 (Ch) (11 July 2016)

HM Revenue & Customs v Ariel [2016] EWHC 1674 (Ch) (08 July 2016)

High Court (Commercial Court)

AS Latvijas Krajbanka v Antonov [2016] EWHC 1679 (Comm) (08 July 2016)

ICBC Financial Leasing Co Ltd v Consultants Group Commercial Funding Corporation (t/a CG Commercial Finance) [2016] EWHC 1683 (Comm) (08 July 2016)

High Court (Family Division)
Z v Z & Ors [2016] EWHC 1720 (Fam) (13 July 2016)

London Borough Tower Hamlets v B [2016] EWHC 1707 (Fam) (13 July 2016)

Source: www.bailii.org

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NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

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In re X (A Child) (Reporting Restrictions: Guidance) – WLR Daily

In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)

‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily

Posted July 13th, 2016 in appeals, evidence, housing, landlord & tenant, law reports, repossession by sally

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts [2016] EWCA Civ 704

‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors – WLR Daily

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors [2016 [EWHC] 1614 (Ch)

‘The claimant bank brought a claim for professional negligence against the defendant firm of solicitors. The claimant’s solicitors sent a letter to the defendant’s solicitors stating that they were accepting the defendant’s offer to settle contained in a “ without prejudice save as to costs” letter (“WPSAC letter”) and enclosing a draft Tomlin order. A series of without prejudice letters and conversations followed. The defendant’s solicitors wrote reiterating the terms of their offer of settlement. Subsequently, the claimant’s solicitors sent a without prejudice letter containing a CPR Pt 36 offer. The parties differed as to the effect of the claimant’s Part 36 offer on the defendant’s WPSAC letter. The defendant contended that the claimant’s Part 36 offer was a counteroffer and, in law, had the effect of rejecting its WPSAC letter so that thereafter, it was not open for acceptance.’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted July 8th, 2016 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 6th, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

ELS Group Ltd, R (on the application of) v HM Revenue and Customs [2016] EWCA Civ 663 (05 July 2016)

Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661 (01 July 2016)

Court of Appeal (Criminal Division)

Rogers, R v [2016] EWCA Crim 801 (01 July 2016)

High Court (Administrative Court)

Binaura, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1578 (Admin) (05 July 2016)

Regional Court In Poznan (Poland) v Czubala [2016] EWHC 1653 (Admin) (05 July 2016)

Davies v Health And Care Professions Council [2016] EWHC 1593 (Admin) (05 July 2016)

OM, R (On the Application Of) v Secretary of State for the Home Office [2016] EWHC 1588 (Admin) (01 July 2016)

Kearsey v Nursing And Midwifery Council [2016] EWHC 1603 (Admin) (01 July 2016)

High Court (Chancery Division)

Aqua Global Solutions Ltd v Fiserv (Europe) Ltd [2016] EWHC 1627 (Ch) (05 July 2016)

Daniel & Ors v Tee & Ors [2016] EWHC 1538 (Ch) (01 July 2016)

Purrunsing v A’Court & Co (a firm) & Anor [2016] EWHC 1528 (Ch) (01 July 2016)

High Court (Commercial Court)

Connect Shipping Inc & Anor v Sveriges Anfgartygs Assurans Forening (The Swedish Club) & Ors [2016] EWHC 1580 (Comm) (01 July 2016)

High Court (Queen’s Bench Division)

Montpelier Business Reorganisation Ltd v AJP One LLP & Ors [2016] EWHC 977 (QB) (05 July 2016)

Marsden v Barclays Bank Plc [2016] EWHC 1601 (QB) (05 July 2016)

F And S vTH [2016] EWHC 1605 (QB) (01 July 2016)

Community Pharmacies (UK) Ltd, R (On the Application Of) v The National Health Service Litigation Authority [2016] EWHC 1595 (QB) (01 July 2016)

The Software Incubator Ltd v Computer Associates UK Ltd [2016] EWHC 1587 (QB) (01 July 2016)

Surrey v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB) (01 July 2016)

High Court (Technology and Construction Court)

Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor [2016] EWHC 1589 (TCC) (01 July 2016)

Perenco UK Ltd & Anor v Bond [2016] EWHC 1498 (TCC) (29 June 2016)

Source: www.bailii.org

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A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily

A Local Authority v D and others [2016] EWHC 1438 (Fam)

‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Regina v Anwar (Umar) and others [2016] EWCA Crim 551 – WLR Daily

Regina v Anwar (Umar) and others [2016] EWCA Crim 551

‘The victim was telephoned and offered a supply of cannabis, as a result of which he drove to the appointed place where he got into a silver car, joining the three occupants, to complete the purchase. The front passenger pointed a shotgun at his face while the driver brandished a knife. As the victim attempted to escape two men exited a white van nearby and attempted to take his car. The man with the shotgun fired two shots but the victim escaped. Six defendants stood trial on charges of attempted murder, conspiracy to commit robbery and possession of a firearm with intent to commit robbery. The Crown argued that this was a well-planned criminal enterprise as shown on the CCTV footage and by the frequent mobile phone calls between the defendants which showed that all the robbers had the necessary knowledge that a firearm was to be carried with the intention that it should be used during the course of the robbery with the required, if conditional, intention to kill. The trial judge ruled that, although there was a case for all defendants to answer in respect of the count of conspiracy to rob, there was no case in relation to attempted murder and possession of a firearm with intent because there was no evidence to establish a prima facie case as to (a) any particular defendant being in the silver car; (b) any particular defendant holding the shotgun either in the silver car or when the shots were fired; or (c) crucially, any particular defendant being aware, by the time of travelling to the scene, that the shotgun was loaded, or that he was intending that it should be used if necessary specifically to kill. The Crown appealed against the judge’s ruling, pursuant to the provisions of section 58 of the Criminal Justice Act 2003.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Regina v Walker (Triston) [2016] EWCA Crim 751 – WLR Daily

Regina v Walker (Triston) [2016] EWCA Crim 751

‘The defendant was charged with murder. On 4 August 2007 the crown prosecutor made a decision to charge his co-accused with assisting an offender. That decision was taken employing the threshold test in the Code for Crown Prosecutors issued by the Director of Public Prosecutions (“DPP”) under section 37A of the Police and Criminal Evidence Act 1984 and considering the statutory charging procedures set out in section 37B, namely that when a case was referred by police to the DPP, the DPP should decide whether there was sufficient evidence to charge, decide which offence to charge and notify the police of his decision. The co-accused was charged by police on 21 August and the next day he was sent for trial. On 10 October a crown prosecutor gave written consent to the institution of proceedings against the co-accused. At trial the co-accused gave evidence which was broadly supportive of the defendant’s account but which contradicted that account in some respects. The defendant was convicted of murder. He sought leave to appeal against conviction, contending that the proceedings against the co-accused were a nullity, since the DPP had not given his consent until after he had been sent for trial; that, therefore, the co-accused should not have been on the same indictment as the defendant; that the co-accused’s contradictory evidence had done collateral damage to the defendant’s case; and that the conviction was therefore unsafe.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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