Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Posted September 22nd, 2014 in law reports by sally

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

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Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening); [2014] EWHC 2930 (Admin); [2014] WLR (D) 398

‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 12th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 19th, 2014 in law reports by tracey

Supreme Court

Marley v. Rawlings & Anor (Rev 1) [2014] UKSC 51 (18 September 2014)

High Court (Chancery Division)

Routier & Anor v Revenue And Customs [2014] EWHC 3010 (Ch) (18 September 2014)

Source: www.bailii.org

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Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 18th, 2014 in law reports by tracey

High Court (Queen’s Bench Division) Decisions

Acer Investment Management Ltd & Anor v The Mansion Group Ltd [2014] EWHC 3011 (QB) (17 September 2014)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted September 17th, 2014 in law reports by tracey

High Court (Chancery Division)

Rentokil Initial 1927 Plc v Goodman Derrick Llp [2014] EWHC 2994 (Ch) (12 September 2014)

High Court (Commercial Court)

MPloy Group Ltd v Denso Manufacturing UK Ltd [2014] EWHC 2992 (Comm) (15 September 2014)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted September 16th, 2014 in law reports by tracey

Family Court Decisions (High Court Judges)

X (Adopted Child: Access To Court File) [2014] EWFC 33 (09 September 2014)

Family Court Decisions (other Judges)

T (A Child : fact finding) [2014] EWFC B115 (12 September 2014)

Source: www.bailii.org

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In re X (Adopted Child: Access to Court File) – WLR Daily

Posted September 15th, 2014 in adoption, birth certificates, disclosure, family courts, grandparents, law reports by tracey

In re X (Adopted Child: Access to Court File)[2014] EWFC 33; [2014] WLR (D) 390

‘Since FPR 2010 r 14.24 was not subject to the qualification that it applied only “in exceptional circumstances” there was nothing which required the same approach to apply in the case of an application under rule 14.24 (or its predecessors) as applied in the case of an application under section 79(4) of the Adoption and Children Act 2002 although, given the context, an application under rule 14.24 should always be approached with an appropriate degree of caution.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 15th, 2014 in law reports, Uncategorized by tracey

High Court (Administrative Court)

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014)

High Court (Commercial Court)

Unaoil Ltd v Leighton Offshore Offshore Pte Ltd [2014] EWHC 2965 (Comm) (12 September 2014)

Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm) (12 September 2014)

Source: www.bailii.org

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 12th, 2014 in law reports by tracey

Court of Appeal (Criminal Division)

Banfield, R. v [2014] EWCA Crim 1824 (11 September 2014)

Virgin Media Ltd, R (On the Application Of) v Zinga [2014] EWCA Crim 1823 (11 September 2014)

High Court (Administrative Court)

Brett v The Solicitors Regulation Authority [2014] EWHC 2974 (Admin) (11 September 2014)

High Court (Queen’s Bench Division)

Brand & Anor v Szilvia (aka Sylvie) Berki [2014] EWHC 2979 (QB) (11 September 2014)

Interface Europe Ltd v Premier Hank Dyers Ltd [2014] EWHC 2610 (QB) (11 September 2014)

Source: www.bailii.org

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Ben Alaya v Bundesrepublik Deutschland – WLR Daily

Posted September 11th, 2014 in law reports by sally

Ben Alaya v Bundesrepublik Deutschland (Case C-491/13 ECLI:EU:C:2014:2187); [2014] WLR (D) 388

‘Article 12 of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ 2004 L375, p 12) meant that a member state was obliged to admit to its territory a third-country national who wished to stay for more than three months in that territory for study purposes, where that national met the conditions for admission exhaustively listed in articles 6 and 7 of the Directive and provided that the member state did not invoke against that person one of the grounds expressly listed by the Directive as justification for refusing a residence permit.’

WLR Daily, 10th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Winsor v Vale [2014] EWCA Civ 1125 (03 July 2014)

High Court (Administrative Court)

AB, R (On the Application Of) v Human Fertilisation And Embryology Authority [2014] EWHC 1528 (Admin) (14 January 2014)

High Court (Commercial Court)

Global Draw Ltd v IGT-UK Group Ltd & Anor [2014] EWHC 2973 (Comm) (10 September 2014)

Rochester Resources Ltd & Ors v Lebedev & Anor [2014] EWHC 2926 (Comm) (09 September 2014)

Family Court Decisions (High Court Judges)

F judgment (No 2 welfare – approved) [2014] EWFC 34 (08 September 2014)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted September 9th, 2014 in law reports by sally

Supreme Court

Robertson v Swift [2014] UKSC 50 (09 September 2014)

Court of Appeal (Criminal Division)

Jones & Ors, R, v [2014] EWCA Crim 1762 (16 July 2014)

High Court (Family Division)

AVH v SI & Anor (By Judith Bennett-Hernandez As Her Guardian) [2014] EWHC 2938 (Fam) (04 September 2014)

King (A Child), Re [2014] EWHC 2964 (Fam) (08 September 2014)

High Court (Commercial Court)

Comau UK Ltd v Lotus Lightweight Structures Ltd [2014] EWHC 2122 (Comm) (27 June 2014)

Source: www.bailii.org

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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Deckmyn and another v Vandersteen and others – WLR Daily

Posted September 9th, 2014 in copyright, EC law, intellectual property, law reports by sally

Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385

‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’

WLR Daily, 3rd September 2014

Source: www.iclr.co.uk

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Burgo Group SpA v Illochroma SA (in liquidation) and another – WLR Daily

Posted September 9th, 2014 in EC law, insolvency, jurisdiction, law reports by sally

Burgo Group SpA v Illochroma SA (in liquidation) and another (Case C-327/13); ECLI:EU:C:2014:2158; [2014] WLR (D) 386

‘Article 3(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings meant that, where winding-up proceedings were opened in respect of a company in a member state other than that in which it had its registered office, secondary insolvency proceedings could also be opened in respect of that company in the other member state in which its registered office was situated and in which it possessed legal personality. The question as to which person or authority was empowered to seek the opening of secondary proceedings had to be determined on the basis of the national law of the member state within the territory of which the opening of such proceedings was sought pursuant to article 29(b) of the Regulation. The right to seek the opening of secondary proceedings could not, however, be restricted to creditors who had their domicile or registered office within the member state in whose territory the relevant establishment was situated, or to creditors whose claims arose from the operation of that establishment. Where the main insolvency proceedings were winding-up proceedings, the decision as to whether the court before which the action seeking the opening of secondary insolvency proceedings had been brought could take account of criteria as to appropriateness was governed by the national law of the member state within the territory of which the opening of secondary proceedings was sought. However, when establishing the conditions for the opening of secondary proceedings, member states had to comply with EU law and, in particular, its general principles, as well as the provisions of the Regulation.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted September 8th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September 2014)

High Court (Chancery Division)

The Secretary of State for Business, Innovation And Skills v Weston & Anor [2014] EWHC 2933 (Ch) (05 September 2014)

Family Court Decisions (other Judges)

A Local Authority v ZH & Ors [2014] EWFC B111 (14 August 2014)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted September 5th, 2014 in law reports by tracey

High Court (Administrative Court)

Badger Trust, R (On the Application Of) v Secretary of State for Environment Food And Rural Affairs [2014] EWHC 2909 (Admin) (29 August 2014)

High Court (Chancery Division)

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014)

Source: www.bailii.org

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