Littlewood v Powys County Council – WLR Daily

Posted July 30th, 2015 in estate agents, law reports, local government, regulations by sally

Littlewood v Powys County Council [2015] EWHC 2125 (Admin); [2015] WLR (D) 336

‘For the purposes of Schedule 2 to the Estate Agents Act 1979, where the making of an order under section 3 of the Act prohibiting an unfit person from acting as an estate agent had been delegated to an adjudicator, it was that adjudicator who personally had to hear oral representations from the person affected. The local authority’s proposed procedure whereby the adjudicator, who was the actual decision-maker, only received an audio recording and verbatim transcript of the proceedings before an investigator did not comply with the requirements of the 1979 Act and was unlawful.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

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R v R – WLR Daily

Posted July 30th, 2015 in appeals, EC law, financial provision, law reports, regulations, sanctions by sally

R v R [2015] EWCA Civ 796; [2015] WLR (D) 337

‘Neither article 9 of Council Regulation (EU) No 269/2014 nor regulation 10(2)(a) of the Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014 were contravened by an order requiring a husband, who lived in Russia and who was subject to sanctions imposed by the EU Regulation, to pay interim maintenance into his former wife’s Russian bank account.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

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Regina v Goldsborough – WLR Daily

Posted July 30th, 2015 in appeals, crime, firearms, law reports, licensing by sally

Regina v Goldsborough [2015] EWCA Crim 1278; [2015] WLR (D) 324

‘Failure to obtain a firearm certificate for an air pistol which had become prohibited was an offence under section 1 of the Firearms Act 1968 rather than section 5(1)(af).’

WLR Daily, 23rd June 2015

Source: www.iclr.co.uk

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IM Properties Development Ltd v Lichfield District Council – WLR Daily

Posted July 30th, 2015 in law reports, local government, planning by sally

IM Properties Development Ltd v Lichfield District Council [2015] EWHC 2077 (Admin); [2015] WLR (D) 328

‘Changes of substance could be made to a local plan following recommendations by an inspector pursuant to section 20(7)–(7C) of the Planning and Compulsory Purchase Act 2004.’

WLR Daily, 20th July 2015

Source: www.iclr.co.uk

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Flanagan v Liontrust Investment Partners LLP and others – WLR Daily

Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171 (Ch); [2015] WLR (D) 338

‘The doctrine of repudiatory breach was excluded from multi-party agreements falling within the scope of section 5 of Limited Liability Partnerships Act 2000.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

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Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) – WLR Daily

Posted July 30th, 2015 in abortion, appeals, health, human rights, law reports, Northern Ireland by sally

Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) [2015] EWCA Civ 771; [2015] WLR (D) 335

‘It was entirely logical for the Secretary of State for Health in the exercise of his duty under section 3 of the National Health Service Act 2006 to provide a range of NHS services including abortion services throughout the United Kingdom on the basis of local residence. The Secretary of State was not obliged to exercise his discretion so as to extend free abortion services to women from Northern Ireland and failure to supply such a service was not a breach of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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Regina v Ali (Yasir) and another – WLR Daily

Regina v Ali (Yasir) and another [2015] EWCA Crim 1279; [2015] WLR (D) 327

‘A car journey of a few miles constituted “travel”, within section 58(1) of the Sexual Offences Act 2003, for the purposes of the offence of trafficking within the United Kingdom for sexual exploitation.’

WLR Daily, 17th July 2015

Source: www.iclr.co.uk

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Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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Kiani v Secretary of State for the Home Department – WLR Daily

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

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Regina (Sanjari) v Crown Court at Birmingham – WLR Daily

Regina (Sanjari) v Crown Court at Birmingham: [2015] EWHC 2037 (Admin); [2015] WLR (D) 307

‘Judges of the Crown Court should subject applications to transfer representation under regulation 14 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 to rigorous and searching scrutiny.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Banque Cantonale de Geneve v Polevent Ltd and others – WLR Daily

Banque Cantonale de Geneve v Polevent Ltd and others: [2015] EWHC 1968 (Comm); [2015] WLR (D) 304

‘The law governing a claim in restitution was the law of the country in which the unjust enrichment took place pursuant to article 10(3) of Parliament and Council Regulation (EC) No 864/2007.’

WLR Daily, 10th July 2015

Source: www.iclr.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Rank Group plc v Revenue and Customs Comrs – WLR Daily

Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299

‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Regina (Cornwall Council and another) v Secretary of State for Health – WLR Daily

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Mathieson v Secretary of State for Work and Pensions – WLR Daily

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted July 9th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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Szegfu v Court of Pecs, Hungary – WLR Daily

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

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Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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