Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D)  341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

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Charity Commission for England and Wales v Framjee and Another – WLR Daily

Posted July 31st, 2014 in law reports by michael

Charity Commission for England and Wales v Framjee and another [2014] EWHC 2507 (Ch);  [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

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Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in law reports by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted July 30th, 2014 in budgets, EC law, equality, judicial review, law reports by sally

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080; [2014] WLR (D) 338

‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’

WLR Daily, 28th July 2014

Source: www.iclr.co.uk

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Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted July 28th, 2014 in law reports by sally

Supreme Court

FHR European Ventures LLP & Ors v Cedar Capital Partners LLC [2014] UKSC 45 (16 July 2014)

Sandiford, R (on the application of) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014)

Court of Appeal (Criminal Division)

Yusuf & Ors, R v [2014] EWCA Crim 1586 (25 July 2014)

High Court (Chancery Division)

Wells v Chave & Ors [2014] EWHC 2444 (Ch) (23 July 2014)

Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors [2014] EWHC 2502 (Ch) (25 July 2014)

High Court (Administrative Court)

Long, R (On the Application Of) v Secretary of State for Defence [2014] EWHC 2391 (Admin) (15 July 2014)

The Public Law Project, R (On the Application Of) v The Secretary of State for Justice the Office of the Children’s Commissioner [2014] EWHC 2365 (Admin) (15 July 2014)

Mills & Anor, R (on the application of) v Sussex Police & Anor [2014] EWHC 2523 (Admin) (25 July 2014)

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2476 (Admin) (18 July 2014)

IM Properties Development Ltd v Lichfield District Council & Ors [2014] EWHC 2440 (Admin) (18 July 2014)

Sosik v Prosecutor General, Lithuania [2014] EWHC 2487 (Admin) (21 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 2379 (Comm) (16 July 2014)

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm) (16 July 2014)

Konkola Copper Mines v U&M Mining Zambia Ltd [2014] EWHC 2374 (Comm) (15 July 2014)

GSP Fortuna Ltd v Dean International Trading SA [2014] EWHC 2208 (Comm) (09 July 2014)

Source: www.bailii.org

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by tracey

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

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Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted July 25th, 2014 in law reports by tracey

Supreme Court

Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 (23 July 2014)

Court of Appeal (Civil Division)

Airtours Holidays Transport Ltd v Revenue And Customs [2014] EWCA Civ 1033 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

McDonald v McDonald & Anor [2014] EWCA Civ 1049 (24 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

Hart & Anor v Burbidge & Anor [2014] EWCA Civ 992 (22 July 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 1034 (22 July 2014)

Commissioner of Police of the Metropolis v Copeland [2014] EWCA Civ 1014 (22 July 2014)

R (A Child: Habitual Residence), Re [2014] EWCA Civ 1032 (22 July 2014)

Prophet Plc v Huggett [2014] EWCA Civ 1013 (22 July 2014)

B (Child Evidence), Re [2014] EWCA Civ 1015 (22 July 2014)

Court of Appeal (Criminal Division)

Criminal Practice Directions : Amendment No. 2 [2014] EWCA Crim 1570 (23 July 2014)

Criminal Practice Directions : Costs in Criminal Proceedings [2014] EWCA Crim 1570 (23 July 2014)

Stephen Hamilton v R [2014] EWCA Crim 1555 (22 July 2014)

High Court (Administrative Court)

Bhatnagar v General Medical Council [2014] EWHC 2562 (Admin) (24 July 2014)

Bentham, R (on the application of) v HMP Usk and Prescoed & Anor [2014] EWHC 2469 (Admin) (23 July 2014)

X (A Child) [2014] EWHC 2522 (Fam) (23 July 2014)

Dennison, R (On the Application Of) v Bradford Districts Clinical Commissioning Group [2014] EWHC 2552 (Admin) (23 July 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Warners Retail (Moreton) Ltd v Cotswold District Council [2014] EWHC 2504 (Admin) (22 July 2014)

Sumpter, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2434 (Admin) (22 July 2014)

Corrie, R (on the application of) v Suffolk County Council & Ors [2014] EWHC 2490 (Admin) (22 July 2014)

T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

High Court (Chancery Division)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

High Court (Commercial Court)

Travis Coal Restructured Holdings Llc v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (24 July 2014)

High Court (Patents Court)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

High Court (Technology and Construction Court)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014) 

Source: www.bailii.org     

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BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

K, Re [2014] EWCA Civ 905 (15 July 2014)

M & Ors v Suffolk County Council [2014] EWCA Civ 942 (15 July 2014)

KS v Neath Port Talbot County Borough Council & Ors [2014] EWCA Civ 941 (15 July 2014)

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

M-F (Children) [2014] EWCA Civ 991 (15 July 2014)

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd & Ors [2014] EWCA Civ 958 (16 July 2014)

Premier Telecom Communications Group Ltd & Anor v Webb [2014] EWCA Civ 994 (16 July 2014)

High Court (Queen’s Bench Division)

Tata Consultancy Services Ltd v Sengar [2014] EWHC 2304 (QB) (11 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

Environment Agency v Hughes & Ors [2014] EWHC 2484 (QB) (21 July 2014)

DSD & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 2493 (QB) (23 July 2014)

Diamond Jewellers Ltd v Mittal (t/a Mittal Trading Co) [2014] EWHC 2395 (QB) (21 July 2014)

Symes v St George’s Healthcare NHS Trust [2014] EWHC 2505 (QB) (23 July 2014)

VS v The Home Office [2014] EWHC 2483 (QB) (22 July 2014)

Cartus Corporation & Anor v Sidell & Anor [2014] EWHC 2492 (QB) (24 July 2014)

High Court (Chancery Division)

The Charity Commission for England and Wales v Framjee & Ors [2014] EWHC 2507 (Ch) (22 July 2014)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 2498 (Ch) (22 July 2014)

Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch) (16 July 2014)

Bank of Scotland Plc v Waugh & Ors [2014] EWHC 2117 (Ch) (21 July 2014)

Cohen v Teseo Properties Ltd & Anor [2014] EWHC 2442 (Ch) (18 July 2014)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

Source: www.bailii.org

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Regina (LD and others) v Secretary of State for Justice – WLR Daily

Posted July 24th, 2014 in human rights, law reports, prisons, stop and search, women by sally

Regina (LD and others) v Secretary of State for Justice [2014] WLR (D) 333

‘The policy contained in Prison Service Instruction (PSI) 67/2011 of targeted strip-searching of women prisoners was not in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Polyflor Ltd v Health and Safety Executive [2014] EWCA Crim 1522 (18 July 2014)

Court of Appeal (Civil Division)

Austin v Miller Argent (South Wales) Ltdd [2014] EWCA Civ 1012 (21 July 2014)

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011 (18 July 2014)

Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG & Ors [2014] EWCA Civ 1010 (18 July 2014)

David Cary v Commissioner of Police for the Metropolis Equality And Human Rights Commission [2014] EWCA Civ 987 (17 July 2014)

Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

O v The Secretary of State for the Home Department [2014] EWCA Civ 990 (17 July 2014)

H, Re [2014] EWCA Civ 989 (17 July 2014)

Guildhall College Ltd, R (On the Application Of) v Secretary of State for Business Innovation And Skills & Anor [2014] EWCA Civ 986 (17 July 2014)

Mercer Ltd & Anor v Ballinger & Anor [2014] EWCA Civ 996 (17 July 2014)

McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031 (21 July 2014)

High Court (Queen’s Bench Division)

Ahmed Oukhellou v Luton And Dunstable Hospital NHS Foundation Trust [2014] EWHC 2303 (QB) (11 July 2014)

Palisetty v Secretary of State for the Home Department [2014] EWHC 2473 (QB) (21 July 2014)

High Court (Administrative Court)

Johnson, R (on the application of) v The Secretary of State for the Home Department [2014] EWHC 2386 (Admin) (17 July 2014)

Tigere, R (On the Application Of) v Secretary of State for Business, Innovation & Skills -And- Student Loans Company Ltd [2014] EWHC 2452 (Admin) (17 July 2014)

Source: www.bailii.org

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Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch);  [2014] WLR (D)  330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

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PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ;  [2014] WLR (D)  327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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