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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Essop and others v Home Office (UK Border Agency) – WLR Daily

Essop and others v Home Office (UK Border Agency) [2015] EWCA Civ 609; [2015] WLR (D) 269

‘In order to succeed in claims of indirect discrimination under section 19 of the Equality Act 2010 based upon the protected characteristics of race and/or age the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the section 19(2)(b) hurdle and each claimant had also to prove that he had suffered the same disadvantage for the purposes of surmounting the section 19(2)(c) hurdle.’

WLR Daily, 22nd June 2015

Source: www.iclr.co.uk

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by tracey

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by tracey

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

Full story

Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk

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BAILII: Recent Decisions

Posted June 16th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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King v The Chiltern Dog Rescue and another – WLR Daily

Posted June 16th, 2015 in appeals, law reports, wills by sally

King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245

‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’

WLR Daily, 9th June 2015

Source: www.iclr.co.uk

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Southward Housing Co-operative Ltd v Walker and others – WLR Daily

Posted June 16th, 2015 in landlord & tenant, law reports, leases by sally

Southward Housing Co-operative Ltd v Walker and others [2015] EWHC 1615 (Ch); [2015] WLR (D) 246

‘The rule that it was beyond the power of the landlord and the tenant to create a term which was uncertain did not depend for its application on the parties’ intentions; but might be disapplied where those intentions and fundamental aspects of their agreement would be confounded by it.’

WLR Daily, 8th June 2015

Source: www.iclr.co.uk

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In re Hartmann Capital Ltd (in special administration) – WLR Daily

Posted June 9th, 2015 in administrators, fees, insolvency, law reports by tracey

In re Hartmann Capital Ltd (in special administration); [2015] EWHC 1514 (Ch); [2015] WLR (D) 241

‘As a matter of construction of article 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provisions) Order 2013, which spoke in specific terms of an administrator “appointed pursuant to the provisions of Part II of the [Insolvency] 1986 Act” and a company which had “entered into administration under Part II of the 1986 Act”, administrators appointed pursuant to the Investment Bank Special Administration Regulations 2011 (SI 2011/245) were denied the funding possibilities available to other administrators.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

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BESTrustees plc v Corbett – WLR Daily

Posted June 9th, 2015 in assignment, debts, law reports, pensions, trusts by tracey

BESTrustees plc v Corbett: [2014] EWHC 3038 (Ch); [2015] WLR (D) 242

‘The trustee or manager of a qualifying occupational pension scheme was entitled to assign a debt arising pursuant to section 75 of the Pensions Act 1995.’

WLR DAily, 16th October 2014

Source: www.iclr.co.uk

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Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

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In re K (Children) – WLR Daily

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Gulati v MGN Ltd – WLR Daily

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

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Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily

Posted June 3rd, 2015 in company law, interpretation, law reports, pensions, trusts by sally

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc [2015] EWHC 1499 (Ch); [2015] WLR (D) 231

‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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Bank of Beirut SAL and another v HRH Prince Adel El-Hashemite and another – WLR Daily

Posted June 3rd, 2015 in banking, fraud, law reports, partnerships, registrars by sally

Bank of Beirut SAL and another v HRH Prince Adel El-Hashemite and another[2015] EWHC 1451 (Ch); [2015] WLR (D) 230

‘In circumstances where the Registrar of Companies of England and Wales had acted entirely bona fide, although mistakenly, in registering partnerships and giving certificates, the plain wording of section 8C of the Limited Partnerships Act 1907 required those certificates to have conclusive effect even though the mistake was procured by the fraud of the applicant.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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