BAILII: Recent Decisions

Posted November 30th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Sands (as trustee in bankruptcy) v Layne & Anor [2016] EWCA Civ 1159 (29 November 2016)

WW Property Investments Ltd v National Westminster Bank Plc [2016] EWCA Civ 1142 (29 November 2016)

Kateb v Howard De Walden Estates Ltd & Anor [2016] EWCA Civ 1176 (29 November 2016)

Court of Appeal (Criminal Division)

RH & Anor, R v [2016] EWCA Crim 1754 (29 November 2016)

High Court (Chancery Division)

Holyoake & Anor v Candy & Ors [2016] EWHC 3065 (Ch) (29 November 2016)

CFC 26 Ltd v Brown Shipley & Co Ltd & Ors [2016] EWHC 3048 (Ch) (29 November 2016)

Robert v Woodall [2016] EWHC 2987 (Ch) (25 November 2016)

High Court (Family Division)

Goddard-Watts v Goddard-Watts (Rev 1) [2016] EWHC 3000 (Fam) (23 November 2016)

High Court (Queen’s Bench Division)

Jones v Murrell & Anor [2016] EWHC 3036 (QB) (29 November 2016)

Crossman v St George’s Healthcare NHS Trust [2016] EWHC 2878 (QB) (25 November 2016)

High Court (Technology and Construction Court)

GEM Environmental Building Services Ltd v London Borough of Tower Hamlets & Anor [2016] EWHC 3045 (TCC) (28 November 2016)

Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC) (25 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 28th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

J P Whitter (Waterwell Engineers) Ltd v HM Revenue and Customs [2016] EWCA Civ 1160 (24 November 2016)

Franked Investment Income Group Litigation, The Test Claimants In v Revenue And Customs [2016] EWCA Civ 1180 (24 November 2016)

Saunderson & Ors v Sonae Industria (UK) Ltd [2016] EWCA Civ 1177 (24 November 2016)

RS (Afghanistan) v The Secretary of State for the Home Department [2016] EWCA Civ 1179 (24 November 2016)

High Court (Administrative Court)

Arranz v The 5th Section of the National High Court of Madrid, Spain [2016] EWHC 3029 (Admin) (25 November 2016)

Chief Executive of the IPCC, R (on the application of) v Independent Police Complaints Commission & Ors [2016] EWHC 2993 (Admin) (25 November 2016)

Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor [2016] EWHC 3028 (Admin) (25 November 2016)

The Director of Public Prosecutions v Vince & Ors [2016] EWHC 3014 (Admin) (25 November 2016)

Prenga v Court of Florence, Italy [2016] EWHC 3002 (Admin) (25 November 2016)

High Court (Chancery Division)

Bathurst & Anor v Bathurst & Ors (Rev 1) [2016] EWHC 3033 (Ch) (25 November 2016)

Wood v Priestley & Anor [2016] EWHC 2986 (Ch) (25 November 2016)

Portman Insurance Plc, Re [2016] EWHC 2994 (Ch) (23 November 2016)

Stodday Land Ltd & Anor v Pye [2016] EWHC 2885 (Ch) (22 November 2016)

High Court (Commercial Court)

A v B [2016] EWHC 3003 (Comm) (25 November 2016)

Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm) (24 November 2016)

High Court (Patents Court)

Merck Sharp And Dohme Ltd v Shionogi & Co Ltd [2016] EWHC 2989 (Pat) (25 November 2016)

Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2985 (Pat) (24 November 2016)

High Court (Queen’s Bench Division)

Henderson v Dorset Healthcare University Foundation NHS Trust [2016] EWHC 3032 (QB) (25 November 2016)

Kimathi & Ors v The Foreign & Commonwealth Office [2016] EWHC 3004 (QB) (24 November 2016)

Eaglesham v Ministry of Defence [2016] EWHC 3011 (QB) (24 November 2016)

Kimathi & Ors v The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) (24 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 24th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

K & Ors, R (on the application of) v The Secretary of State for Defence & Anor [2016] EWCA Civ 1149 (23 November 2016)

Gladman Developments Ltd v Daventry District Council & Anor [2016] EWCA Civ 1146 (23 November 2016)

Yadly Marketing Company Ltd v Secretary of State for the Home Department [2016] EWCA Civ 1143 (23 November 2016)

Iceland Foods Ltd v Berry (Valuation Officer) [2016] EWCA Civ 1150 (23 November 2016)

High Court (Administrative Court)

Secretary of State for the Home Department v HM Senior Coroner for Surrey & Ors [2016] EWHC 3001 (Admin) (23 November 2016)

High Court (Commercial Court)

Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm) (22 November 2016)

National Bank of Abu Dhabi PJSC v BP Oil International Ltd [2016] EWHC 2892 (Comm) (18 November 2016)

Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm) (17 November 2016)

St Vincent European General Partner Ltd v Robinson & Ors [2016] EWHC 2920 (Comm) (17 November 2016)

Standard Chartered Bank (Hong Kong) Ltd & Anor v Independent Power Tanzania Ltd & Ors [2016] EWHC 2908 (Comm) (16 November 2016)

High Court (Family Division)

Z (A Child) (Egyptian fostering UK adoption) [2016] EWHC 2963 (Fam) (23 November 2016)

Akester v Fitzgerald [2016] EWHC 2961 (Fam) (21 November 2016)

An NHS Foundation Trust v T [2016] EWHC 2980 (Fam) (18 November 2016)

AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam) (16 November 2016)

JS (Disposal of Body), Re [2016] EWHC 2859 (Fam) (10 November 2016)

High Court (Queen’s Bench Division)

Barclays Bank Plc v TBS & V Ltd [2016] EWHC 2948 (QB) (18 November 2016)

Srivatsa v Secretary of State for Health & Anor [2016] EWHC 2916 (QB) (18 November 2016)

Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB) (15 November 2016)

Rudall v The Crown Prosecution Service & Anor [2016] EWHC 2884 (QB) (14 November 2016)

High Court (Technology and Construction Court)

Amey LG Ltd v Cumbria County Council [2016] EWHC 2946 (TCC) (18 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 23rd, 2016 in law reports by tracey

Supreme Court

Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 (16 November 2016)

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016)

Court of Appeal (Civil Division)

Fomento De Construcciones Y Contratas SA v Black Diamond Offshore Ltd & Ors [2016] EWCA Civ 1141 (22 November 2016)

Avonwick Holdings Ltd & Anor v Shlosberg [2016] EWCA Civ 1138 (18 November 2016)

Excalibur Ventures LLC v Texas Keystone Inc & Ors [2016] EWCA Civ 1144 (18 November 2016)

Birmingham City Council v Wilson [2016] EWCA Civ 1137 (17 November 2016)

Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125 (17 November 2016)

W (A Child), Re [2016] EWCA Civ 1140 (17 November 2016)

Hashi vThe Secretary of State for the Home Department [2016] EWCA Civ 1136 (17 November 2016)

Finmeccanica Global Services Spa v HM Revenue and Customs [2016] EWCA Civ 1105 (17 November 2016)

Qader & Ors v Esure Services Ltd & Ors [2016] EWCA Civ 1109 (16 November 2016)

T-B-N (Children), Re [2016] EWCA Civ 1098 (15 November 2016)

Wells v Devani [2016] EWCA Civ 1106 (15 November 2016)

Hussain, R (on the application of) v The Secretary of State for Justice [2016] EWCA Civ 1111 (15 November 2016)

Court of Appeal (Criminal Division)

Garland, R v [2016] EWCA Crim 1743 (21 November 2016)

Burke, R v [2016] EWCA Crim 1744 (21 November 2016)

Sellu v The Crown [2016] EWCA Crim 1716 (15 November 2016)

Huggins & Ors, R v [2016] EWCA Crim 1715 (15 November 2016)

High Court (Administrative Court)

Jelson Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2979 (Admin) (22 November 2016)

East Staffordshire Borough Council v Secretary of State for Communities & Local Government & Anor [2016] EWHC 2973 (Admin) (22 November 2016)

Goring-On-Thames Parish Council v South Oxfordshire District Council & Anor [2016] EWHC 2898 (Admin) (17 November 2016)

Seprey-Hozo v Law Court of Miercurea Ciuc, Romania [2016] EWHC 2902 (Admin) (17 November 2016)

O’Flynn v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2894 (Admin) (17 November 2016)

Iteshi v Bar Standards Board [2016] EWHC 2943 (Admin) (17 November 2016)

Surrey County Council v Royal Borough of Windsor and Maidenhead [2016] EWHC 2901 (Admin) (16 November 2016)

Sulaiman v Tribunal De Grande Instance, Paris [2016] EWHC 2868 (Admin) (15 November 2016)

High Court (Chancery Division)

Gunewardena v Conran Holdings Ltd [2016] EWHC 2983 (Ch) (22 November 2016)

Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd & Ors [2016] EWHC 2911 (Ch) (18 November 2016)

UPL Europe Ltd & Anor v Agchemaccess Chemicals Ltd & Ors [2016] EWHC 2889 (Ch) (17 November 2016)

Sherborne Corporate Services Ltd & Ors v Positive Approach Services Ltd & Ors [2016] EWHC 2867 (Ch) (15 November 2016)

Interactive Technology Corporation Ltd v Ferster & Ors [2016] EWHC 2896 (Ch) (15 November 2016)

High Court (Technology and Construction Court)

Amey LG Ltd v Cumbria County Council [2016] EWHC 2946 (TCC) (18 November 2016)

High Court (Queen’s Bench Division)

Srivatsa v Secretary of State for Health & Anor [2016] EWHC 2916 (QB) (18 November 2016)

Barclays Bank Plc v TBS & V Ltd [2016] EWHC 2948 (QB) (18 November 2016)

Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB) (15 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 15th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Bird v Acorn Group Ltd [2016] EWCA Civ 1096 (11 November 2016)

Cunningham, R (on the application of) v Hertfordshire County Council & Anor [2016] EWCA Civ 1108 (11 November 2016)

High Court (Administrative Court)

Yesafu, R (On the Application Of) v The Secretary of State for the Home Department [2016] EWHC 2883 (Admin) (14 November 2016)

Hussain, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2016] EWHC 2797 (Admin) (11 November 2016)

High Court (Chancery Division)

Wise v Sun Life Assurance Company of Canada (UK) Ltd [2016] EWHC 2814 (Ch) (11 November 2016)

High Court (Queen’s Bench Division)

Rudall v The Crown Prosecution Service & Anor [2016] EWHC 2884 (QB) (14 November 2016)

High Court (Technology and Construction Court)

Amey LG Ltd v Cumbria County Council [2016] EWHC 2856 (TCC) (11 November 2016)

WES Futures Ltd v Allen Wilson Construction Ltd [2016] EWHC 2863 (TCC) (10 November 2016)

Source: www.bailii.org

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BAILII : Recent Decisions

Posted November 14th, 2016 in law reports by tracey

High Court (Queen’s Bench Division)

Spire Healthcare Ltd v Brooke [2016] EWHC 2828 (QB) (11 November 2016)

Ahmed v MacLean [2016] EWHC 2798 (QB) (10 November 2016)

Barkhuysen v Hamilton [2016] EWHC 2858 (QB) (10 November 2016)

Watts v The Secretary of State for Health [2016] EWHC 2835 (QB) (10 November 2016)

Rupasinghe v West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) (09 November 2016)

TRK & Anor v ICM [2016] EWHC 2810 (QB) (08 November 2016)

Deman v Associated Newspapers Ltd & Anor [2016] EWHC 2819 (QB) (08 November 2016)

Escott & Anor v Tunbridge Wells Borough Council [2016] EWHC 2793 (QB) (07 November 2016)

ERY v Associated Newspapers Ltd [2016] EWHC 2760 (QB) (04 November 2016)

PJS v News Group Newspapers Ltd [2016] EWHC 2770 (QB) (04 November 2016)

Harris v Miller [2016] EWHC 2438 (QB) (04 November 2016)

Hague & Anor v Dalzell & Anor [2016] EWHC 2753 (QB) (04 November 2016)

Vilca & Ors v Xstrata Ltd & Anor [2016] EWHC 2757 (QB) (03 November 2016)

Undre & Anor v The London Borough of Harrow [2016] EWHC 2761 (QB) (03 November 2016)

High Court (Technology and Construction Court)

Amey LG Ltd v Cumbria County Council [2016] EWHC 2856 (TCC) (11 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 11th, 2016 in law reports by tracey

Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 (09 November 2016)

Court of Appeal (Civil Division)

National Aids Trust, R (On the Application Of) v The National Health Service Commissioning Board (NHS England) & Ors [2016] EWCA Civ 1100 (10 November 2016)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA (t/a CSAV) [2016] EWCA Civ 1103 (10 November 2016)

A & B (Children), Re [2016] EWCA Civ 1101 (09 November 2016)

Dean and Chapter of Rochester Cathedral v Debell [2016] EWCA Civ 1094 (09 November 2016)

Vyas & Anor v Goraya, (t/a Taj Construction Roofing) [2016] EWCA Civ 1095 (09 November 2016)

The Football Association Premier League Ltd v Luxton [2016] EWCA Civ 1097 (09 November 2016)

Bestfort Developments LLP & Ors v Ras Al Khaimah Investment Authority & Ors [2016] EWCA Civ 1099 (08 November 2016)

S (Children), Re [2016] EWCA Civ 1090 (08 November 2016)

Idenix Pharmaceuticals Inc v Gilead Sciences Inc & Ors [2016] EWCA Civ 1089 (08 November 2016)

Y (Children), Re [2016] EWCA Civ 1091 (08 November 2016)

Court of Appeal (Criminal Division)

Zawadzka v R [2016] EWCA Crim 1712 (09 November 2016)Singh,

Singh, R v [2016] EWCA Crim 1664 (04 November 2016)

Singh, R v [2016] EWCA Crim 1612 (04 November 2016)

High Court (Administrative Court)

Tinsley v Manchester City Council & Anor [2016] EWHC 2855 (Admin) (10 November 2016)

RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor [2016] EWHC 2817 (Admin) (10 November 2016)

Mansell v Tonbridge & Malling Borough Council [2016] EWHC 2832 (Admin) (10 November 2016)

The Solicitors Regulation Authority (SRA) v Solicitors Disciplinary Tribunal [2016] EWHC 2862 (Admin) (10 November 2016)

Auleear v Secretary of State for the Home Department [2016] EWHC 2833 (Admin) (10 November 2016)

SAN Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2830 (Admin) (09 November 2016)

Hibbitt & Anor v Secretary of State for Communities & Local Government & Ors [2016] EWHC 2853 (Admin) (09 November 2016)

Kent, R (on the application of) v Royal Borough of Kensington & Chelsea & Ors [2016] EWHC 2809 (Admin) (08 November 2016)

The Interim Executive Board of X School v Chief Inspector of Education, Children’s Services And Skills [2016] EWHC 2813 (Admin) (08 November 2016)

AB, R (On the Application Of) v The Secretary of State for the Home Department [2016] EWHC 2751 (Admin) (07 November 2016)

Barszcz v Regional Court In Bydgoszcz, Poland [2016] EWHC 2788 (Admin) (04 November 2016)

MMM, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 2655 (Admin) (04 November 2016)

The Court In Mures & Anor v Zagrean [2016] EWHC 2786 (Admin) (04 November 2016)

Birchall Gardens LLP & Anor, R (on the application of) v BP Mitchell Ltd & Ors [2016] EWHC 2794 (Admin) (04 November 2016)

Abasuru v Regional Court In Opole, Poland [2016] EWHC 2787 (Admin) (04 November 2016)

O’Connor & Anor, R (on the application of) v Crown Prosecution Service & Anor [2016] EWHC 2792 (Admin) (04 November 2016)

High Court (Chancery Division)

Caledonian Ltd & Anor, Re [2016] EWHC 2854 (Ch) (10 November 2016)

The Secretary of State for Business, Energy and Industrial Strategy v Rosenblatt [2016] EWHC 2821 (Ch) (9 November 2016)

Astex Therapeutics Ltd v Astrazeneca AB [2016] EWHC 2759 (Ch) (08 November 2016)

Hicken v Ellison [2016] EWHC 2791 (Ch) (08 November 2016)

Golstein v Bishop & Anor [2016] EWHC 2804 (Ch) (07 November 2016)

High Court (Commercial Court)

Pan Oceanic Chartering Inc v UNIPEC UK Co Ltd & Anor [2016] EWHC 2774 (Comm) (10 November 2016)

PT Transportasi Gas Indonesia v Conocophillips (Grissik) Ltd & Anor [2016] EWHC 2834 (Comm) (10 November 2016)

PJSC TATNEFT v Bogolyubov & Ors [2016] EWHC 2816 (Comm) (08 November 2016)

High Court (Family Division)

AS v TH (No 2) (Jurisdiction to Make Final Orders) [2016] EWHC 2825 (Fam) (04 November 2016)

Source: www.bailii.org

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Regina v Wilcocks – WLR Daily

Regina v Wilcocks

‘The defendant was charged with murder. He admitted that he had strangled his partner, but denied murder on the ground that he had suffered a loss of control and that he had a personality disorder such as to give rise to a defence of diminished responsibility. He was convicted of murder. He applied for permission to appeal against conviction on the grounds that the trial judge had: (i) been wrong to decide that the burden of proof in relation to diminished responsibilty lay on the defendant under section 2 of the Homicide Act 1957, as amended, notwithstanding article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; (ii) misdirected the jury in relation to the words “general capacity for tolerance or self-restraint” in section 54(3) of the Coroners and Justice Act 2009; and (3) failed to give the jury guidance on the meaning of the word “substantially” in section 2(1)(b) of the 1957 Act.’

WLR Daily, 3rd November 2016

Source: www.iclr.co.uk

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In re Nortel Networks UK Ltd and related companies – WLR Daily

Posted November 8th, 2016 in administrators, agreements, insolvency, law reports by sally

In re Nortel Networks UK Ltd and related companies [2016] EWHC 2769 (Ch)

‘The administrators of nineteen Europe, Middle East and Africa companies in the N group and the conflict administrator of one of those companies applied for directions enabling a global settlement to be made of the vast majority of disputes that had arisen in relation to the affairs of the group and the distribution of the proceeds of sale of its assets.’

WLR Daily, 31st November 2016

Source: www.iclr.co.uk

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Regina v Sardar (Anis Abid) – WLR Daily

Posted November 8th, 2016 in anonymity, appeals, conspiracy, disclosure, evidence, explosives, law reports, murder, witnesses by sally

Regina v Sardar (Anis Abid) [2016] EWCA Crim 1616

‘The defendant was charged with murder, conspiracy to murder and, as an alternative count, conspiracy to cause an explosion. It was the Crown’s case that the defendant had been directly involved in the construction and/or deployment of improvised explosive devices (IEDs), one of which had caused the death of an American soldier near Baghdad in September 2007. The defendant’s case was that he had been acting in lawful and proportionate defence of Sunni communities who were under threat from Shia militia; his fingerprints had been found on two of the bombs, although not the one which had resulted in the fatal explosion. The defendant was convicted of murder and conspiracy to murder; no verdict was sought on the alternative count of conspiracy to cause an explosion. He appealed against conviction on the ground, inter alia, of fresh evidence from two anonymous witnesses (C and D) who were now available to give evidence as to the frequency and quality of attacks by the Shia militia on the Sunni communities and the need for the Sunnis to act in self-defence. C and D were prepared to disclose their identities to the court and, within a strict “confidentiality ring”, to counsel for the Crown, the Crown Prosecution Service lawyer and two senior investigating officers with undertakings that there should be no further disclosure to anyone. However, the Crown was not prepared to give such undertakings. The defendant applied for an order under section 87(3) of the Coroners and Justice Act 2009 (which required the defendant to inform the court and the prosecutor of the identity of the witness) for anonymity measures to be put in place. It was submitted that although the “prosecutor” had to be informed, that did not necessarily envisage disclosure beyond the person of the prosecutor.’

WLR Daily, 18th October 2016

Source: www.iclr.co.uk

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U v U – WLR Daily

Posted November 8th, 2016 in appeals, children, custody, family courts, law reports by sally

U v U

‘The parents of four children, two girls now aged 16 and 14 and two boys aged 12 and 6 years old, were married in Afghanistan in 1999 and came to the United Kingdom in 2000. They were all now British citizens. From 2011 the family experienced growing disagreement between the parents, and in 2012 the father married a second woman in secret which his wife did not know about until 2014. Following a number of incidents that year in which the police had sometimes been involved the father changed the locks to the marital home, the upshot being that the mother went to alternative accommodation with the three eldest children and the youngest boy stayed with the father and his second wife. By September 2014 the relationship between the parents had broken down. Proceedings in the case had been conducted before a High Court judge over some 14 hearings. At the first main fact-finding hearing in early 2015 in respect of child placement arrangements the judge made adverse findings against the mother including that she had caused the three older children emotional harm by her negative comments and outbursts against the father, that none of the mother’s allegations against the father justified ceasing contact between them and their father, and that the judge’s concern was to restore their relationship despite the mother’s resistance to contact between them and the father. The appointment of an expert psychiatrist from a well-known child health clinic was agreed between the parties to make an assessment of the family and also to offer therapy. The expert was able to achieve meetings between the three older children and the father, but unsupervised contact between the youngest child and the mother was not achieved until early 2016. At the latter contact session with the mother the child’s fringe was found to have been cut in a rough and ready manner. Each party blamed the other for the incident. It also emerged that the father had concealed a device on the child which recorded the conversation between the mother and the child. That showed that the mother had asked whether there was a new baby in the father’s house. At the welfare hearing in March 2016 the judge had four full reports from the expert who was also present and had made some recommendations, there was no CAFCASS officer’s report, the judge made further adverse findings against the mother including that she had cut the child’s hair, that she had assaulted the father and was unlikely to change her attitude towards him or that she would promote a positive relationship between the father and the three older children, that none of her allegations against the father had been proved, that at an earlier stage he had found that the three children had had an enjoyable holiday with the father in Barcelona but that they now refused to live with him because of the emotional harm caused by the mother’s attitude, and he concluded that the father was committed to the children, that the second wife was a force for good, that he was minded to order that all the children should live with the father but in the event only the older boy was ordered to reside with the father and the boy’s younger brother, noting that such an arrangement was contrary to the ordinary course for siblings to be in the same household. The mother appealed, contending that the welfare analysis was insufficient, that the older children’s wishes and feelings had not been properly considered and that a guardian should be appointed for their separate representation’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

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Thum v Thum – WLR Daily

Posted November 8th, 2016 in civil procedure rules, delay, divorce, EC law, law reports, regulations, service by sally

Thum v Thum [2016] EWHC 2634 (Fam)

‘Having issued a divorce petition in the English courts on 26 October 2015 the wife made no attempt to serve the husband until, on 19 January 2016, she sent the papers to the relevant court office for service out of the jurisdiction. A typographical error contained within the details of the husband’s address caused effective service to be further delayed until 27 February 2016. The husband, having issued his own German divorce petition on 19 January 2016, applied to dismiss or stay the wife’s petition on the ground that she had failed “subsequently [to] take the steps required of her to effect service upon the respondent” in accordance with article 16 of Council Regulation (EC) No 2201/2003 (“Brussels II revised”).’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted November 4th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) [2016] EWCA Civ 1093 (04 November 2016)

Hopkinson v Hickton & Ors [2016] EWCA Civ 1057 (03 November 2016)

Barnardo’s & Ors v Buckinghamshire & Ors [2016] EWCA Civ 1064 (02 November 2016)

Scottish Power UK Plc v BP Exploration Operating Company Ltd & Ors [2016] EWCA Civ 1043 (01 November 2016)

Court of Appeal (Criminal Division)

Sardar v R [2016] EWCA Crim 1616 (03 November 2016)

Amjad, R v [2016] EWCA Crim 1618 (02 November 2016)

High Court (Administrative Court)

Sarao v The Government of the United States of America [2016] EWHC 2737 (Admin) (03 November 2016)

High Court (Queen’s Bench Division)

Roberts v The Soldiers, Sailors, Airmen and Families Association -Forces Help & Ors [2016] EWHC 2744 (QB) (03 November 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 3rd, 2016 in law reports by tracey

High Court (Administrative Court)

Miller & Anor, R (on the application v of) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016)

ClientEarth (No.2) v Secretary of State for the Environment, Food and Rural Affairs [2016] EWHC 2740 (Admin) (02 November 2016)

Singhar Beauty Clinic Ltd v Secretary of State for the Home Department [2016] EWHC 2703 (Admin) (02 November 2016)

Shropshire Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2733 (Admin) (02 November 2016)

Moore, R (on the application of) v Watford Borough Council & Anor [2016] EWHC 2736 (Admin) (02 November 2016)

Williams, R (on the application of) v Police Appeals Tribunal & Anor [2016] EWHC 2708 (Admin) (02 November 2016)

High Court (Chancery Division)

Nortel group, Re (Global Settlement) [2016] EWHC 2769 (Ch) (03 November 2016)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 2743 (Ch) (02 November 2016)
Menelaou v Bank of Cyprus UK Ltd [2016] EWHC 2656 (Ch) (31 October 2016)

Easynet Global Services Ltd, Re [2016] EWHC 2681 (Ch) (31 October 2016)

Pittville Ltd v Hunters & Frankau Ltd & Anor [2016] EWHC 2683 (Ch) (27 October 2016)

Hague Plant Ltd v Hague & Ors [2016] EWHC 2663 (Ch) (26 October 2016)

McLean & Anor v Trustees of the Bankruptcy Estate of Dent & Ors [2016] EWHC 2650 (Ch) (26 October 2016)

Phonographic Performance Ltd v CGK Trading Ltd & Ors [2016] EWHC 2642 (Ch) (25 October 2016)

High Court (Commercial Court)

Lehman Brothers International (Europe) v Exxonmobil Financial Services BV [2016] EWHC 2699 (Comm) (28 October 2016)

Regulus Ship Services PTE Ltd v Lundin Services BV & Anor [2016] EWHC 2674 (Comm) (27 October 2016)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016] EWHC 2657 (Comm) (27 October 2016)

High Court (Family Division)

X (A Child) (No 3), Re [2016] EWHC 2755 (Fam) (02 November 2016)

Rotherham Metropolitan Borough Council v M & Ors [2016] EWHC 2660 (Fam) (25 October 2016)

AB (Surrogacy: Consent), Re [2016] EWHC 2643 (Fam) (25 October 2016)

High Court (Patents Court)

Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) (28 October 2016)

Hospira UK Ltd v Cubist Pharmaceuticals, LLC [2016] EWHC 2661 (Pat) (17 October 2016)

High Court (Queen’s Bench Division)

Williams, R (on the application of) v Police Appeals Tribunal & Ors [2016] EWHC 2708 (QB) (02 November 2016)

TUI UK Ltd v Tickell & Ors [2016] EWHC 2741 (QB) (01 November 2016)

Suresh v Samad & Ors (Rev 1) [2016] EWHC 2704 (QB) (31 October 2016)

XYZ v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 2687 (QB) (28 October 2016)

Begg v British Broadcasting Corporation [2016] EWHC 2688 (QB) (28 October 2016)

Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016)

High Court (Technology and Construction Court)

Milton Keynes v Viridor (Community Recycling MK) Ltd [2016] EWHC 2764 (TCC) (03 November 2016)

Connect Plus (M25) Ltd v Highways England Company Ltd [2016] EWHC 2614 (TCC) (27 October 2016)

Perinatal Institute v Healthcare Quality Improvement Partnership [2016] EWHC 2626 (TCC) (26 October 2016)

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC) (25 October 2016)

Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2500 (TCC) (19 October 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted November 2nd, 2016 in law reports by tracey

Supreme Court

Impact Funding Solutions Ltd v AIG Europe Insurance Ltd [2016] UKSC 57 (26 October 2016)

Court of Appeal (Civil Division)
Zas Ventures Ltd v Forkner [2016] EWCA Civ 1062 (01 November 2016)

Napp Pharmaceutical Holdings Limited v Dr Reddy’s Laboratories (UK) Ltd & Anor [2016] EWCA Civ 1053 (01 November 2016)

M (Children), Re [2016] EWCA Civ 1059 (01 November 2016)

NA (Sudan) v The Secretary of State for the Home Department [2016] EWCA Civ 1060 (01 November 2016)

W (A Child) [2016] EWCA Civ 1051 (01 November 2016)

Scottish Power UK Plc v BP Exploration Operating Company Ltd & Ors [2016] EWCA Civ 1043 (01 November 2016)

Holley & Anor v London Borough of Hillingdon [2016] EWCA Civ 1052 (01 November 2016)

Brooks, R (on the application of) v The Independent Adjudicator & Anor [2016] EWCA Civ 1033 (28 October 2016)

RJG v Secretary of State for the Home Department [2016] EWCA Civ 1042 (28 October 2016)

Oadby And Wigston Borough Council v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 1040 (27 October 2016)

King’s Lynn and West Norfolk Council v Bunning [2016] EWCA Civ 1037 (26 October 2016)

Armchair Answercall Ltd v People in Mind Ltd [2016] EWCA Civ 1039 (26 October 2016)

Secretary of State for the Home Department v Jobe [2016] EWCA Civ 1035 (26 October 2016)

Kazakhstan Kagazy Plc & Ors v Zhunus & Anor [2016] EWCA Civ 1036 (26 October 2016)

Court of Appeal (Criminal Division)

SEH, R v [2016] EWCA Crim 1609 (01 November 2016)

R v C & Ors [2016] EWCA Crim 1617 (01 November 2016)

Johnson & Ors, R v [2016] EWCA Crim 1613 (31 October 2016)

France v R [2016] EWCA Crim 1588 (27 October 2016)

High Court (Administrative Court)

Criminal Injuries Compensation Authority, R (on the application of) v First-Tier Tribunal (Criminal Injuries Compensation) & Anor [2016] EWHC 2745 (Admin) (01 November 2016)

S And J, R (On the Application Of) v The London Borough of Haringey [2016] EWHC 2692 (Admin) (28 October 2016)

Roden v Secretary of State for Communities and Local Government & Ors [2016] EWHC 2701 (Admin) (28 October 2016)

Abdulrahman, R (on the application of) v The London Borough of Hillingdon [2016] EWHC 2647 (Admin) (28 October 2016)

Kebbell Developments Ltd, R (on the application of) v Leeds City Council & Anor [2016] EWHC 2664 (Admin) (28 October 2016)

Allaway & Anor, R (on the application of) v Oxfordshire County Council & Ors [2016] EWHC 2677 (Admin) (27 October 2016)

Wisniewska v Nursing Midwifery Council [2016] EWHC 2672 (Admin) (27 October 2016)

Source: www.bailii.org

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Regina (Drax Power Ltd and another) v HM Treasury and another – WLR Daily

Regina (Drax Power Ltd and another) v HM Treasury and another [2016] EWCA Civ 1030

‘The claimants who were renewable source electricity generators brought proceedings for judicial review challenging the decision of the Government, announced in the Budget statement on 8 July 2015 and to take effect on 1 August 2015, to remove the exemption for renewable source electricity (“RSE”) from the Climate Change Levy (“CCL”), an environmental tax levied on electricity, gas, solid fuels and liquefied petroleum gas supplied to business and the public sector. Use by domestic consumers was excluded from the CCL. Article 15 of Council Directive 2003/96/EC permitted member states to apply exemptions or reductions in tax to electricity of renewable origin, and article 3 of the Parliament and Council Directive 2009/28/EC obliged them to ensure by 2020 at least 15% of all energy came from renewable sources. The removal of the exemption was provided in section 49 of the Finance (No 2) Act 2015, amending paragraph 19 of Schedule 6 to the Finance Act 2000. The judge dismissed the claimants’ claim for judicial review, holding that (1) the exemption fell within the scope of European Union law; (2) the claimants had failed to establish an express or inferred assurance that the Government had promoted a legitimate expectation not to withdraw the RSE exemption, that there was no basis for the contention that there had to be a two-year time limit for any withdrawal and that a prudent and circumspect operator should not have inferred that the exemption would not be removed without such a time limit; and (3) on the evidence the exemption’s removal had been justified in the public interest and, notwithstanding its evident harm to the claimants’ private interests and right to property in the form of concluded contracts to supply companies, came within the appropriate margin of discretion.’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

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Kazakhstan Kagazy plc and others v Zhunus and others – WLR Daily

Posted October 31st, 2016 in civil procedure rules, contribution, fraud, freezing injunctions, law reports by sally

Kazakhstan Kagazy plc and others v Zhunus and others [2016] EWCA Civ 1036

‘The claimants were a group of companies. The first and second defendants had been, respectively, the chairman of the board and the chief executive officer of the first and second claimants. The third defendant had been the finance director of the second claimant. The claimants issued proceedings alleging, inter alia, that the defendants had dishonestly caused the claimant companies to enter into transactions in which large sums of money were paid to entities owned or controlled by the defendants and which had caused the claimants to incur substantial financial losses. All three defendants served defences denying fraud and dishonesty or that they had personally benefitted from the transactions. Subsequently, the first defendant reached a settlement of the claim against him with the claimants. The second and third defendants applied for permission pursuant to CPR r 20.6(2)(b) to bring a contribution claim against the first defendant, no such claim having been filed and served when they served their defence. The second defendant further sought a worldwide freezing order against the first defendant. The judge refused the applications, holding that (i) the claim for contribution was bound to fail because the draft contribution notice sought to be relied upon by the second and third defendants did not advance a case of actual fraud or wrongdoing by the first defendant and, following the their settlement agreement with the first defendant, no such case was being advanced by the claimants which the second and third defendants could adopt as an alternative to their primary position that they had acted honestly; and (ii) the court could only grant a freezing injunction once the applicant had an accrued cause of action, which, in the context of a claim for contribution, was once the contribution notice had been filed and served under CPR r 20.6(2).’

WLR Daily, 26th October 2016

Source: www.iclr.co.uk

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Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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Regina v Nelson (Scott) and another – WLR Daily

Posted October 31st, 2016 in appeals, assisting offenders, firearms, indictments, law reports by sally

Regina v Nelson (Scott) and another [2016] EWCA Crim 1517

‘The defendants, S and N, were members of a gang. The police were on high alert on a housing estate because they were aware that the defendants’ gang might mount a revenge attack on a rival gang. S ran towards a police officer who shouted to him to stop but S pulled out a submachine gun and fired one shot which missed the police officer. S ran off and hid in a block of flats where he disposed of the gun but was eventually arrested. He pleaded guilty to possessing a firearm with intent to endanger life, contrary to section 16 of the Firearms Act 1968. Following the shooting incident N had hidden the gun in the loft where it was found six months later. He was charged with possession of a prohibited firearm, contrary to section 5(1)(a) and (aba) of the 1968 Act, and assisting an offender, contrary to section 4(1) of the Criminal Law Act 1967. N applied for leave to appeal against conviction on the ground that the judge had erred in law in failing to direct the jury to consider the two counts which he faced as alternatives when they arose out of a single transaction.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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