Webber v Department for Education – WLR Daily

Posted January 22nd, 2015 in law reports, ombudsmen, pensions, teachers by sally

Webber v Department for Education [2014] EWHC 4240 (Ch); [2015] WLR (D) 14

‘It was prima facie a matter for the ombudsman to assess whether and to what extent an oral hearing was necessary either to enable the investigation to be satisfactorily completed or out of fairness, and such decisions could only be challenged on appeal on the familiar basis that they exceeded the generous ambit within which reasonable disagreement was possible.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Regina (Byczek and another) v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

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Ashley and others v Tesco Stores Ltd and others – WLR Daily

Posted January 20th, 2015 in civil procedure rules, documents, law reports, Scotland, service, time limits by sally

Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11

‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’

WLR Daily, 15th January 2015

Source: www.iclr.co.uk

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Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk

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Regina (Richards) v Teesside Magistrates’ Court and another – WLR Daily

Posted January 20th, 2015 in appeals, crime, electronic monitoring, law reports, sentencing, sexual offences by sally

Regina (Richards) v Teesside Magistrates’ Court and another [2015] EWCA Civ 7; [2015] WLR (D) 13

‘Varying a sexual offences prevention order to require the wearing of a location monitoring device or electronic tag while away from the home address of the person subject to it came within the powers conferred by the Sexual Offences Act 2003, and the interference with that person’s private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Rights was “in accordance with the law”.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted January 19th, 2015 in law reports by tracey

Court of Appeal (Civil Division)

Richards, R (on the application of) v Teesside Magistrates’ Court & Anor [2015] EWCA Civ 7 (16 January 2015)

Gilks & Anor v Hodgson & Anor [2015] EWCA Civ 5 (15 January 2015)

Savage, R (on the application of) v Mansfield District Council & Anor [2015] EWCA Civ 4 (15 January 2015)

High Court (Administrative Court)

Ordanduu GmbH & Anor, R (on the application of) v Phonepayplus Ltd [2015] EWHC 50 (Admin) (16 January 2015)

Elashmawy v Court of Brescia, Italy & Ors [2015] EWHC 28 (Admin) (16 January 2015)

Ahmed, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 23 (Admin) (15 January 2015)

Galaxy Land Ltd, R (on the application of) v Durham County Council [2015] EWHC 16 (Admin) (15 January 2015)

Dilks, R (on the application of) v The Secretary of State for Justice & Anor [2015] EWHC 11 (Admin) (15 January 2015)

High Court (Chancery Division)

Thwaytes v Sotheby’s [2015] EWHC 36 (Ch) (16 January 2015)

The High Commissioner for Pakistan in the United Kingdom v National Westminster Bank Plc & Ors [2015] EWHC 55 (Ch) (16 January 2015)

Plaza BV v The Law Debenture Trust Corporation Plc [2015] EWHC 43 (Ch) (16 January 2015)

Reinhard v Ondra LLP & Ors (Rev 1) [2015] EWHC 26 (Ch) (14 January 2015)

High Court (Commercial Court)

Navig8 Inc v South Vigour Shipping Inc & Ors [2015] EWHC 32 (Comm) (16 January 2015)

Impala Warehousing and Logistics (Shanghai) Co.Ltd v Wanxiang Resources (Singapore) PTE Ltd [2015] EWHC 25 (Comm) (15 January 2015)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors Re: M/V Brillante Virtuoso [2015] EWHC 42 (Comm) (15 January 2015)

High Court (Queen’s Bench Division)

ST v Maidstone and Tunbridge Wells NHS Trust [2015] EWHC 51 (QB) (16 January 2015)

High Court (Technology and Construction Court)

Oakrock Ltd v Travelodge Hotels Ltd & Ors [2015] EWHC 30 (TCC) (16 January 2015)

BPC Hotels Ltd & Ors v Brooke North (A Firm) [2015] EWHC 27 (TCC) (16 January 2015)

Savoye And Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC) (15 January 2015)

Surce: www.bailii.org

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BAILII: Recent Decisions

Posted January 15th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

High Court (Queen’s Bench Division)

High Court (Administrative Court)

Continue Reading »

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Law Society of England and Wales v Shah – WLR Daily

Posted January 15th, 2015 in disciplinary procedures, injunctions, law reports, Law Society, solicitors by sally

Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’

WLR Daily, 12th January 2015

Source: www.iclr.co.uk

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National Crime Agency v Robb – WLR Daily

Posted January 14th, 2015 in fraud, law reports, proceeds of crime, victims by tracey

National Crime Agency v Robb; [2014] EWHC 4384 (Ch); [2015] WLR (D) 1

‘The court gave guidance on the hearing of applications brought by victims of fraud under section 182 of the Proceeds of Crime Act 2002 as to the principles to be applied in following and tracing recoverable property obtained by the defendant through unlawful conduct.’

WLR Daily, 23rd December 2014

Source: www.iclr.co.uk

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Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by tracey

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted January 14th, 2015 in law reports by tracey

Court of Appeal (Civil Division)

S (A Child) (Habitual Residence and Child’s Objections)(Brazil) [2015] EWCA Civ 2 (13 January 2015)

High Court (Administrative Court)

Jackson v Secretary of State for Communities and Local Government [2015] EWHC 20 (Admin) (13 January 2015)

Ali, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 7 (Admin) (09 January 2015)

AMG, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 5 (Admin) (08 January 2015)

Pugh v Secretary of State for Communities and Local Government & Ors [2015] EWHC 3 (Admin) (05 January 2015)

High Court (Chancery Division)

Enterprise Holdings, Inc v Europcar Group UK Ltd & Anor [2015] EWHC 17 (Ch) (13 January 2015)

Hilton v D IV LLP & Ors [2015] EWHC 2 (Ch) (12 January 2015)

Altus Group (UK) Ltd v Baker Tilly Tax And Advisory Services LLP & Anor [2015] EWHC 12 (Ch) (07 January 2015)

High Court (Queen’s Bench Division)

AB v Chief Constable of X Constabulary [2015] EWHC 13 (QB) (08 January 2015)

Source: www.bailii.org

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CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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Horton v Henry – WLR Daily

Posted January 6th, 2015 in bankruptcy, insolvency, law reports, pensions, trustees in bankruptcy by sally

Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551

‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers – WLR Daily

Posted January 6th, 2015 in appeals, complaints, human rights, law reports, police by sally

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers [2014] EWCA Civ 1635; [2014] WLR (D) 560

‘The College of Policing guidance relating to post-incident management of investigations into deaths that followed the use of force by police officers met the procedural requirements of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was lawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’

WLR Daily, 15th December 2014

Source: www.iclr.co.uk

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Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) – Supreme Court

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) [2014] UKSC 68 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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In re R (A Child) – WLR Daily

Posted December 19th, 2014 in adoption, care orders, law reports, placement orders by sally

In re R (A Child) [2014] EWCA Civ 1625; [2014] WLR (D) 539

‘In re B-S (Children) (Adoption Order: Leave to Oppose) [2014] 1 WLR 563 had not been intended to change and had not changed the law; it was primarily directed to practice. Where adoption was in the child’s best interests local authorities were not to shy away from seeking, nor courts from making, care orders with a plan for adoption, placement orders and adoption orders.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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