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

Posted December 19th, 2014 in law reports 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

Posted December 19th, 2014 in law reports by sally

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 law reports 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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Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Posted December 19th, 2014 in law reports by sally

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Posted December 19th, 2014 in law reports by sally

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

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Ng and another v Charalambous and another – WLR Daily

Posted December 19th, 2014 in law reports by sally

Ng and another v Charalambous and another [2014] EWCA Civ 1604; [2014] WLR (D) 540

‘Section 213 of the Housing Act 2004, as amended, which provided that any tenancy deposit paid to a person in connection with a shorthold tenancy in existence on 6 April 2012 had to be dealt with in accordance with an authorised scheme, was concerned not with the date at which the deposit was received but with the date on which the tenancy was in effect. Where such a deposit was not held in an authorised scheme, having been received before the relevant date, the sanctions for non-compliance in section 215(1) nevertheless applied so as to preclude the landlord from serving on the tenant a valid notice stating that possession was required under section 21 of the Housing Act 1988.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) – WLR Daily

Posted December 19th, 2014 in EC law, employment tribunals, fees, law reports, sex discrimination by sally

Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) [2014] EWHC 4198 (Admin); [2014] WLR (D) 543

‘On the evidence before the court, the fee scheme imposed under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach the European Union principle of effective access to a court and had not been demonstrated to be indirectly discriminatory to women.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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QRS v Beach and another – WLR Daily

Posted December 19th, 2014 in civil procedure rules, default judgments, injunctions, law reports by sally

QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542

‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily

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

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) [2014] UKSC 67; [2014] WLR (D) 544

‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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Regina (Gordon-Jones) v Secretary of State for Justice and another – WLR Daily

Posted December 18th, 2014 in education, human rights, law reports, prisons, rehabilitation by sally

Regina (Gordon-Jones) v Secretary of State for Justice and another [2014] EWHC 3997 (Admin); [2014] WLR (D) 528

‘Prison Service Instruction (“PSI”) 30/2013 was unlawful in so far as it included books as earnable within the Incentives and Earned Privileges Scheme and excluded them from items that could be sent to or received by prisoners.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

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In re A (A Child) (Financial Provision) – WLR Daily

Posted December 18th, 2014 in appeals, children, financial provision, law reports, periodical payments by sally

In re A (A Child) (Financial Provision) [2014] EWCA Civ 1577; [2014] WLR (D) 529

‘The “millionaire’s defence” survived to some degree when the court was determining the appropriate financial provision for the illegitimate child of a father of very great wealth. Accordingly it was not appropriate to contend for a “fair proportion” of the wealth when seeking to determine a sum representing the reasonable needs of the child for the purposes of Schedule 1 to the Children Act 1989.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

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Regina (Larkfleet Homes Ltd) v Rutland County Council – WLR Daily

Posted December 18th, 2014 in law reports, local government, planning by sally

Regina (Larkfleet Homes Ltd) v Rutland County Council [2014] EWHC 4095 (Admin); [2014] WLR (D) 534

‘Section 17(7)(za) of the Planning and Compulsory Purchase Act 2004 and regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012 did not prevent the allocation of precise sites for particular development in a neighbourhood development plan.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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Davies v O’Kelly – WLR Daily

Posted December 18th, 2014 in appeals, constructive trusts, law reports, trusts by sally

Davies v O’Kelly [2014] EWCA Civ 1606; [2014] WLR (D) 535

‘In general, equity would not come to the aid of a party who had to rely on his unlawful purpose, but if his right to an equitable interest in property could be identified without the need to rely on his unlawful purpose it might be enforced. In particular, notwithstanding an unlawful purpose between a couple in purchasing property, where the couple later separated it was possible, in the case of a constructive trust just as in the case of a resulting trust, to find, where one of the parties was advancing a claim to his beneficial interest in the relevant property, that he had no need to rely on the unlawful purpose and could therefore advance his claim.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Hayes v Butters and another – WLR Daily

Posted December 18th, 2014 in bankruptcy, damages, harassment, law reports, trustees in bankruptcy by sally

Hayes v Butters and another [2014] WLR (D) 536

‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted December 18th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

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BAILII: Recent Decisions

Posted December 16th, 2014 in law reports by tracey

Supreme Court

Haney & Ors R (on the application of) v The Secretary of State for Justice [2014] UKSC 66 (10 December 2014)

Loveridge v London Borough of Lambeth [2014] UKSC 65 (3 December 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor (Rev 2) [2014] UKSC 64 (26 November 2014)

Court of Appeal (Civil Division)

Gudanaviciene & Ors, R (on the application of) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 (15 December 2014)

Panesar & Ors v HM Revenue and Customs [2014] EWCA Civ 1613 (15 December 2014)

High Court (Administrative Court)

Hull And Holderness Magistrates’ Court v Darroch & Anor [2014] EWHC 4184 (Admin) (15 December 2014)

Bagri & Anor v Public Prosecutor Bordeaux Court of First Instance [2014] EWHC 4066 (Admin) (15 December 2014)

High Court (Commercial Court)

Transgrain Shipping BV v Deiulemar Shipping SpA & Anor [2014] EWHC 4202 (Comm) (15 December 2014)

High Court (Family Division)

Birmingham City Council v Riaz & Ors [2014] EWHC 4247 (Fam) (15 December 2014)

High Court (Queen’s Bench Division)

Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

High Court (Technology and Construction Court)

Savoye And Savoye Ltd v Spicers Ltd [2014] EWHC 4195 (TCC) (15 December 2014)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted December 15th, 2014 in law reports by tracey

Walsham Chalet Park Ltd (t/a the Dream Lodge Group) v Tallington Lakes Ltd [2014] EWCA Civ 1607 (12 December 2014)

Re P-K (Children) [2014] EWCA Civ 1602 (11 December 2014)

Hague Plant Ltd v Hague & Ors [2014] EWCA Civ 1609 (11 December 2014)

O’Kelly v Davies [2014] EWCA Civ 1606 (11 December 2014)

A (A Child) [2014] EWCA Civ 1577 (10 December 2014)

Chenembo v London Borough of Lambeth [2014] EWCA Civ 1576 (10 December 2014)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz

HS2 Action Alliance & Anor, R (On the Application Of) v The Secretary Of State For Transport [2014] EWCA Civ 1578 (09 December 2014)

MN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1601 (09 December 2014)

Court of Appeal (Criminal Division)

Henwood, R. v [2014] EWCA Crim 1615 (10 December 2014)

Henwood, R. v (Rev 1) [2014] EWCA Crim 2615 (10 December 2014)

George, R v [2014] EWCA Crim 2507 (09 December 2014)

High Court (Administrative Court)

European Federation for Cosmetic Ingredients, R (On the Application Of) v Secretary Of State For Business, Innovation And Skills & Anor [2014] EWHC 4222 (Admin) (12 December 2014)

Delipalta & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4218 (Admin) (12 December 2014)

Pham v The United States of America [2014] EWHC 4167 (Admin) (12 December 2014)

Djurberg v Secretary of State for Communities and Local Government & Anor [2014] EWHC 4137 (Admin) (12 December 2014)

Bewley, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 4215 (Admin) (11 December 2014)

Brit College v Secretary of State for the Home Department [2014] EWHC 4164 (Admin) (11 December 2014)

Regas, R (On the Application Of) v London Borough of Enfield [2014] EWHC 4173 (Admin) (11 December 2014)

High Court (Chancery Division)

Seton House Group Ltd & Anor v Mercer Ltd [2014] EWHC 4234 (Ch) (12 December 2014)

Destine Estates Ltd & Anor v Muir & Anor [2014] EWHC 4191 (Ch) (11 December 2014)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2014] EWHC 4196 (Ch) (11 December 2014)

High Court (Commercial Court)

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc [2014] EWHC 4176 (Comm) (12 December 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 4199 (Comm) (11 December 2014)

Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2014] EWHC 4178 (Comm) (11 December 2014)

Amtrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014)

NRAM Plc v McAdam & Anor [2014] EWHC 4174 (Comm) (10 December 2014)

High Court (Family Division)

Cooper-Hohn v Anthony Hohn [2014] EWHC 4122 (Fam) (12 December 2014)

A v D & Ors [2014] EWHC 3851 (Fam) (09 December 2014)

NG v OG [2014] EWHC 4182 (Fam) (09 December 2014)

High Court (Queen’s Bench Division)

Sobolewska v Threlfall [2014] EWHC 4219 (QB) (12 December 2014)

Gardner v Northampton General Hospital NHS Trust [2014] EWHC 4217 (QB) (12 December 2014)

Downing v Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) (12 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

Heneghan v Manchester Dry Docks Ltd & Ors [2014] EWHC 4190 (QB) (11 December 2014)

Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

High Court (Technology and Construction Court)

Imtech Inviron Ltd v Loppingdale Plant Ltd [2014] EWHC 4109 (TCC) (12 December 2014)

Source: www.bailii.org.uk

 

 

 

 

 

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Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

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Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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Regina v Shahabi-Shack – WLR Daily

Posted December 12th, 2014 in firearms, law reports, licensing by sally

Regina v Shahabi-Shack [2014] WLR (D) 533

‘Adaptations to an authorised firearm might render it a prohibited weapon for the purposes of section 5 of the Firearms Act 1968 if they involved breach of the conditions of the related firearms certificate.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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