BAILII: Recent Decisions

Posted August 19th, 2016 in law reports by tracey

High Court (Administrative Court)

Nanthakumar, Re review of tariff [2016] EWHC 2007 (Ch) (18 August 2016)

Herbert, Re review of tariff [2016] EWHC 2008 (Admin) (18 August 2016)

High Court (Chancery Division)

Walsh & Anor v Hall & Anor [2016] EWHC 1759 (Ch) (17 August 2016)

Millen v Karen Millen Fashions Ltd & Anor [2016] EWHC 2104 (Ch) (16 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 16th, 2016 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 11th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

TH (Bangladesh) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 815 (10 August 2016)

Morris v Morris [2016] EWCA Civ 812 (10 August 2016)

High Court (Administrative Court)

LIDL Ltd, R (on the application of) v Central Arbitration Committee & Anor [2016] EWHC 2040 (Admin) (10 August 2016)

Yavuz, R (On the Application Of) v West Yorkshire Police [2016] EWHC 2054 (Admin) (10 August 2016)

High Court (Patents Court)

Actavis & Ors v Eli Lilly And Company [2016] EWHC 1955 (Pat) (10 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 10th, 2016 in law reports by tracey

High Court (Administrative Court)

Ibrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049 (Admin) (05 August 2016)

The Freedom And Justice Party & Ors, R (On the Application Of) v Secretary of State for Foreign and Commonwealth Affairs & Anor [2016] EWHC 2010 (Admin) (05 August 2016)

Bowen & Anor, R (On the Application Of) v Secretary of State for Justice [2016] EWHC 2057 (Admin) (05 August 2016)

High Court (Chancery Division)

Apex Global Management Ltd & Anor v Fi Call Ltd & Ors [2016] EWHC 2053 (Ch) (05 August 2016)

High Court (Commercial Court)

Xstrata Coal Queensland Pty Ltd & Ors v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd [2016] EWHC 2022 (Comm) (05 August 2016)

High Court (Queen’s Bench Division)

Evangelou & Ors v McNicol [2016] EWHC 2058 (QB) (08 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 5th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Chappell v HM Revenue and Customs [2016] EWCA Civ 809 (04 August 2016)

High Court (Queen’s Bench Division)

Kontic & Ors v The Ministry of Defence [2016] EWHC 2034 (QB) (04 August 2016)

Gahir v Bansal [2016] EWHC 2041 (QB) (03 August 2016)

High Court (Technology and Construction Court)

Stratton & Anor v Patel & Anor [2016] EWHC 2031 (TCC) (03 August 2016)

Stratton & Anor v Patel & Anor [2016] EWHC 2032 (TCC) (03 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 4th, 2016 in law reports by Mark L

Supreme Court

Moreno v The Motor Insurers’ Bureau [2016] UKSC 52 (3 August 2016)

High Court (Administrative Court)

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) (03 August 2016)

High Court (Commercial Court)

Saga Cruises BDF Ltd & Anor v Fincantieri SPA [2016] EWHC 1875 (Comm) (29 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 3rd, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v ZAT & Ors (Syria) [2016] EWCA Civ 810 (02 August 2016)

Barnsley & Ors v Noble (Rev1) [2016] EWCA Civ 799 (02 August 2016)

Save Britain’s Heritage, R (On the Application Of) v Liverpool City Council & Anor [2016] EWCA Civ 806 (02 August 2016)

Rhuppiah v Secretary of State for the Home Department [2016] EWCA Civ 803 (02 August 2016)

High Court (Administrative Court)

PS v Royal Borough of Greenwich & Ors [2016] EWHC 1967 (Admin) (03 August 2016)

National Aids Trust v National Health Service Commissioning Board (NHS England) (Rev 1) [2016] EWHC 2005 (Admin) (02 August 2016)

High Court (Queen’s Bench Division)

Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1962 (QB) (02 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 2nd, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Atlasnavios – Navegacao, LDA v Navigators Insurance Company Ltd & Ors [2016] EWCA Civ 808 (01 August 2016)

High Court (Administrative Court)

Rehman v The Bar Standards Board [2016] EWHC 2023 (Admin) (29 July 2016)

High Court (Technology and Construction Court)

ZVI Construction Co LLC v The University of Notre Dame (USA) In England [2016] EWHC 1924 (TCC) (02 August 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted August 1st, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 (29 July 2016)

Kucherov, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 791 (29 July 2016)

W (A Child) [2016] EWCA Civ 793 (29 July 2016)

C (A Child) [2016] EWCA Civ 798 (29 July 2016)

Apata, R (On the Application of) v Secretary of State for the Home Department [2016] EWCA Civ 802 (29 July 2016)

Carder v The University of Exeter [2016] EWCA Civ 790 (29 July 2016)

Goyal v Goyal [2016] EWCA Civ 792 (29 July 2016)

Raza, R (On the Application Of) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807 (29 July 2016)

Menston Action Group v City of Bradford Metropolitan District Council [2016] EWCA Civ 796 (28 July 2016)

Court of Appeal (Criminal Division)

Murray v R [2016] EWCA Crim 1051 (29 July 2016)

High Court (Administrative Court)

Napp Pharmaceuticals Ltd, R (On the Application Of) v Secretary of State for Health acting as The Licensing Authority [2016] EWHC 1982 (Admin) (29 July 2016)

The Secretary of State for the Home Department v EB [2016] EWHC 1970 (Admin) (29 July 2016)

KK v Director of Public Prosecutions [2016] EWHC 1976 (Admin) (29 July 2016)

Czach & Anor v Poland [2016] EWHC 1993 (Admin) (29 July 2016)

TDT, R (On the Application Of) v Secretary Of State For The Home Department [2016] EWHC 1912 (Admin) (29 July 2016)

Gray v The Police Appeals Tribunal [2016] EWHC 1239 (Admin) (29 July 2016)

High Court (Chancery Division)

Iiyama (UK) Ld ) & Ors v Samsung Electronics Co Ltd & Ors [2016] EWHC 1980 (Ch) (29 July 2016)

Ready Rentals Ltd v Ahmed & Anor [2016] EWHC 1996 (Ch) (29 July 2016)

BHS Ltd, Re [2016] EWHC 1965 (Ch) (29 July 2016)

High Court (Commercial Court)

C v D [2016] EWHC 1893 (Comm) (29 July 2016)

High Court (Family Division)

West Sussex County Council v Alma [2016] EWHC 2009 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2016] EWHC 1975 (QB) (29 July 2016)

Warne v Vinters-Armstrongs Ltd [2016] EWHC 1971 (QB) (29 July 2016)

High Court (Technology and Construction Court)

Energysolutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) (29 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 29th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

T, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 801 (28 July 2016)

Bhardwa v FDA & Ors [2016] EWCA Civ 800 (28 July 2016)

Hampshire v The Board of the Pension Protection Fund [2016] EWCA Civ 786 (28 July 2016)

Court of Appeal (Criminal Division)

Palmer, R v [2016] EWCA Crim 1049 (28 July 2016)

Oliver v R [2016] EWCA Crim 1053 (28 July 2016)

Denham & Anor v R [2016] EWCA Crim 1048 (28 July 2016)

High Court (Administrative Court)

Save Our Greenhills Community Group v Secretary of State for Communities And Local Government & Ors [2016] EWHC 1929 (Admin) (29 July 2016)

XH & AIt, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 1898 (Admin) (28 July 2016)

Solicitors Regulation Authority v Manak & Anor [2016] EWHC 1914 (Admin) (28 July 2016)

High Court (Chancery Division)

Haque v Raja & Anor [2016] EWHC 1950 (Ch) (28 July 2016)

Richards v Worcestershire County Council & Anor [2016] EWHC 1954 (Ch) (28 July 2016)

Royal National Lifeboat Institution & Ors v Headley & Anor [2016] EWHC 1948 (Ch) (28 July 2016)

High Court (Commercial Court)

National Bank Trust v Yurov & Ors [2016] EWHC 1991 (Comm) (29 July 2016)

National Bank Trust v Yurov & Ors [2016] EWHC 1913 (Comm) (28 July 2016)

IMS SA & Ors v Capital Oil And Gas Industries Ltd [2016] EWHC 1956 (Comm) (28 July 2016)

Idemitsu Kosan Co Ltd v Sumitomo Corporation [2016] EWHC 1909 (Comm) (27 July 2016)

High Court (Family Division)

MG v FG [2016] EWHC 1964 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Daley v Bakiyev [2016] EWHC 1972 (QB) (29 July 2016)

Bukovsky v Crown Prosecution Service [2016] EWHC 1926 (QB) (28 July 2016)

Foster v McNicol & Anor [2016] EWHC 1966 (QB) (28 July 2016)

High Court (Technology and Construction Court)

Scott & Ors v EAR Sheppard Consulting Civil and Structural Engineers Ltd [2016] EWHC 1949 (TCC) (27 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 28th, 2016 in law reports by tracey

Supreme Court

The Christian Institute & Ors v The Lord Advocate (Scotland) [2016] UKSC 51 (28 July 2016)

Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 (27 July 2016)

Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016)

Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 (27 July 2016)

Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016)

Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47 (27 July 2016)

Court of Appeal (Civil Division)

MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2016] EWCA Civ 789 (27 July 2016)

Bolle Transport BV v Secretary of State for the Home Department [2016] EWCA Civ 783 (27 July 2016)

Hospira UK Ltd v Genentech Inc [2016] EWCA Civ 780 (27 July 2016)

WH Newson Holding Ltd & Ors v IMI Plc & Anor [2016] EWCA Civ 773 (27 July 2016)

Department for Work And Pensions v The Information Commissioner & Anor [2016] EWCA Civ 758 (27 July 2016)

Court of Appeal (Criminal Division)

Powell & Anor, R v [2016] EWCA Crim 1043 (27 July 2016)

High Court (Administrative Court)

YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) (27 July 2016)

Jalal, R (On the Application Of) v Royal Borough of Greenwich [2016] EWHC 1848 (Admin) (27 July 2016)

GS, R (On the Application Of) v London Borough of Camden [2016] EWHC 1762 (Admin) (27 July 2016)

Nuttall & Anor v National Crime Agency [2016] EWHC 1911 (Admin) (27 July 2016)

Lucas, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1960 (Admin) (27 July 2016)

High Court (Chancery Division)

National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)

Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch) (27 July 2016)

High Court (Commercial Court)

Novus Aviation Ltd v Alubaf Arab International Bank BSC(C) [2016] EWHC 1937 (Comm) (27 July 2016)

High Court (Queen’s Bench Division)

Bill Kenwright Ltd v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) (28 July 2016)

Economou v de Freitas [2016] EWHC 1853 (QB) (27 July 2016)

High Court (Technology and Construction Court)

Ground Developments Ltd v FCC Construccion SA & Ors [2016] EWHC 1946 (TCC) (27 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 27th, 2016 in law reports by tracey

High Court (Patents Court)

Global Flood Defence Systems Ltd & Anor v Johan Van Den Noort Beheer BV & Ors [2016] EWHC 1851 (Pat) (26 July 2016)

High Court (Queen’s Bench Division)

Wright v Barts Health NHS Trust [2016] EWHC 1834 (QB) (26 July 2016)

Richards & Anor v IP Solutions Group Ltd [2016] EWHC 1835 (QB) (22 July 2016)

Vilca & Ors v Xstrata Ltd & Ors [2016] EWHC 1824 (QB) (21 July 2016)

King Lifting Ltd v Oxfordshire County Council [2016] EWHC 1767 (QB) (20 July 2016)

High Court (Technology and Construction Court)

Ocensa Pipeline Group Litigation, Re [2016] EWHC 1699 (TCC) (27 July 2016)

Glenluce Fishing Company Ltd v Watermota Ltd [2016] EWHC 1807 (TCC) (21 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 27th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Simpson v Mirror Group Newspapers Ltd [2016] EWCA Civ 772 (26 July 2016)

Ely v Robson [2016] EWCA Civ 774 (26 July 2016)

Ali v Ansar-Ali [2016] EWCA Civ 781 (26 July 2016)

Federation of Independent Practitioner Organisations v Competition and Markets Authority [2016] EWCA Civ 777 (25 July 2016)

O’Connor v Bar Standards Board [2016] EWCA Civ 775 (25 July 2016)

Hydro v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 784 (22 July 2016)

Citizenm LND St Paul’s Properties BV v Chil Lte & Ors [2016] EWCA Civ 771 (21 July 2016)

OMV Petrom SA v Glencore International AG [2016] EWCA Civ 778 (21 July 2016)

Court of Appeal (Criminal Division)

Singh v R [2016] EWCA Crim 1036 (26 July 2016)

High Court (Administrative Court)

Hawksworth Securities Plc, R (on the application of) v Ireef Queensgate Peterborough Propco SARL & Ors [2016] EWHC 1870 (Admin) (26 July 2016)

Leeds City Council v Broadley [2016] EWHC 1839 (Admin) (26 July 2016)

Tyrrell v HM Senior Coroner County Durham & Darlington & Anor [2016] EWHC 1892 (Admin) (26 July 2016)

Veolia ES Landfill Ltd & Anor, R (on the application of) v HM Revenue & Customs [2016] EWHC 1880 (Admin) (25 July 2016)

Wilkinson, R (On the Application Of) v South Hams District Council & Anor [2016] EWHC 1860 (Admin) (25 July 2016)

The States of Guernsey & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2016] EWHC 1847 (Admin) (22 July 2016)

DAT & Anor, R (on the application of) v West Berkshire Council [2016] EWHC 1876 (Admin) (22 July 2016)

Puceviciene v Lithuanian Judicial Authority [2016] EWHC 1862 (Admin) (22 July 2016)

Working Title Films Ltd, R (on the application of) v Westminster City Council & Anor [2016] EWHC 1855 (Admin) (22 July 2016)

Secretary of State for the Home Department v AL [2016] EWHC 1845 (Admin) (21 July 2016)

High Court (Chancery Division)

Various Claimants v MGN Ltd [2016] EWHC 1894 (Ch) (25 July 2016)

Haederle v Thomas [2016] EWHC 1866 (Ch) (22 July 2016)

Carey & Anor v Burgoyne & Anor [2016] EWHC 1867 (Ch) (22 July 2016)

Gorbunova v The Estate of Boris Berezovsky (aka Platon Elenin) (Deceased) & Ors [2016] EWHC 1829 (Ch) (22 July 2016)

Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch) (21 July 2016)

High Court (Family Division)

L (Habitual Residence: Domestic Abuse), Re [2016] EWHC 1844 (Fam) (22 July 2016)

BC v DE (Rev 1) [2016] EWHC 1806 (Fam) (21 July 2016)

Source: www.bailii.org

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BAILII:Recent Decisions

Posted July 21st, 2016 in law reports by tracey

Supreme court

Patel v Mirza [2016] UKSC 42 (20 July 2016)

High Court (Administrative Court)

Trago Mills Ltd, R (on the application of) v The Secretary of State for Communities and Local Government & Anor [2016] EWHC 1792 (Admin) (21 July 2016)

Moosavi v The Law Society (Solicitors Regulation Authority) [2016] EWHC 1821 (Admin) (20 July 2016)

Marku v The Nafplion Court of Appeal, Greece [2016] EWHC 1801 (Admin) (20 July 2016)

Hamilton-Jackson, R (on the application of) v HM Assistant Coroner for Mid Kent and Medway [2016] EWHC 1796 (Admin) (19 July 2016)

High Court (Chancery Division)

Ralls Builders Ltd, Re [2016] EWHC 1812 (Ch) (20 July 2016)

Ashman v Thomas [2016] EWHC 1810 (Ch) (19 July 2016)

Grant & Anor v Baker [2016] EWHC 1782 (Ch) (18 July 2016)

Lewis v Warner [2016] EWHC 1787 (Ch) (18 July 2016)

High Court (Commercial Court)

L v A [2016] EWHC 1789 (Comm) (18 July 2016)

L R Avionics Technologies Ltd v The Federal Republic of Nigeria & Anor [2016] EWHC 1761 (Comm) (15 July 2016)

High Court (Patents Court)

Anan Kasei Co, Ltd Rhodia Opérations SAS v Molycorp Chemicals & Oxides (Europe) Ltd [2016] EWHC 1722 (Pat) (14 July 2016)

High Court (Queen’s Bench Division)

Ghuman v Ghuman [2016] EWHC 1783 (QB) (20 July 2016)

Laserpoint Ltd v The Prime Minister of Malta & Ors [2016] EWHC 1820 (QB) (20 July 2016)

Cape Distribution Ltd v Cape Intermediate Holdings Plc [2016] EWHC 1786 (QB) (19 July 2016)

Le Guevel-Mouly & Ors v AIG Europe Ltd [2016] EWHC 1794 (QB) (19 July 2016)
Khaled v The Security Service & Ors [2016] EWHC 1727 (QB) (15 July 2016)

Smith v Unknown Defendant, Pseudonym ‘Likeicare’ & Ors [2016] EWHC 1775 (QB) (15 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 20th, 2016 in law reports by tracey

Supreme Court

Willers v Joyce & Anor (Re: Gubay (deceased) No 2) [2016] UKSC 44 (20 July 2016)

Willers v Joyce & Anor (Re: Gubay (deceased) No 1) [2016] UKSC 43 (20 July 2016)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2016] UKSC 45 (20 July 2016)

Court of Appeal (Civil Division)

Abacha & Ors v National Crime Agency [2016] EWCA Civ 760 (19 July 2016)

Raj and Knoll Ltd, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 770 (19 July 2016)

A v B Local Authority & Anor [2016] EWCA Civ 766 (19 July 2016)

Beaumont & Anor v Ferrer [2016] EWCA Civ 768 (19 July 2016)

Express Electrical Distributors Ltd v Beavis & Ors [2016] EWCA Civ 765 (19 July 2016)

Donaldson v HM Revenue and Customs [2016] EWCA Civ 761 (18 July 2016)

Secretary of State for Communities and Local Government v Allen & Anor [2016] EWCA Civ 767 (15 July 2016)

Gallaher Group Ltd & Anor v Competition and Markets Authority [2016] EWCA Civ 719 (15 July 2016)

Court of Appeal (Criminal Division)

Gray v R [2016] EWCA Crim 1034 (20 July 2016)

Hyde & Ors, R v [2016] EWCA Crim 1031 (15 July 2016)

High Court (Administrative Court)

Alshirif v The Secretary of State for the Home Department [2016] EWHC 1770 (Admin) (15 July 2016)

Oliver, R (on the application of) v Director of Public Prosecution [2016] EWHC 1771 (Admin) (15 July 2016)

Camaras v Baia Mare Local Court Romania [2016] EWHC 1766 (Admin) (15 July 2016)

London Borough of Southwark, R (on the application of) v London Fire and Emergency Planning Authority & Anor [2016] EWHC 1701 (Admin) (15 July 2016)

Hicks & Ors, R (on the application of) v Senior Coroner for Inner North London & Ors [2016] EWHC 1726 (Admin) (15 July 2016)

Pressland v The Council of the London Borough of Hammersmith and Fulham [2016] EWHC 1763 (Admin) (15 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 15th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Da Costa & Anor v Sargaco & Anor [2016] EWCA Civ 764 (14 July 2016)

FA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 763 (14 July 2016)

High Court (Administrative Court)

Imbeah, R (on the application of) v Willesden Magistrates’ Court & Anor [2016] EWHC 1760 (Admin) (14 July 2016)

High Court (Chancery Division)

Muhammad & Ors v ARY Properties Ltd & Ors [2016] EWHC 1698 (Ch) (13 July 2016)

High Court (Queen’s Bench Division)

FPH Law (a firm) v Brown (t/a Integrum Law) [2016] EWHC 1681 (QB) (14 July 2016)

Devonport v Gateshead Health NHS Foundations Trust [2016] EWHC 1729 (QB) (13 July 2016)

XP v Compensa Towarzystwo SA & Anor [2016] EWHC 1728 (QB) (13 July 2016)

Ipswich Town Football Club Company Ltd v Suffolk Constabulary [2016] EWHC 1682 (QB) (08 July 2016)

Reaney v University Hospital of North Staffordshire NHS Trust & Anor (No 2) [2016] EWHC 1676 (QB) (08 July 2016)

Radford & Anor v Frade & Ors [2016] EWHC 1600 (QB) (08 July 2016)

LAT v East Somerset NHS Trust (Now Yeovil District Hospital NHS Foundation Trust) [2016] EWHC 1610 (QB) (08 July 2016)

Source: www.bailii.org

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BAILII: Recent Decisions

Posted July 14th, 2016 in law reports by tracey

Supreme Court

Edwards v Kumarasamy [2016] UKSC 40 (13 July 2016)

The Public Law Project, R (on the application of) v Lord Chancellor [2016] UKSC 39 (13 July 2016)

Amoena (UK) Ltd v Revenue and Customs [2016] UKSC 41 (13 July 2016)

Campbell v Gordon (Scotland) (Rev 1) [2016] UKSC 38 (6 July 2016)

Ismail, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 37 (6 July 2016)

Court of Appeal (Civil Division)

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG & Ors [2016] EWCA Civ 708 (13 July 2016)

A (A Child), Re [2016] EWCA Civ 759 (13 July 2016)

Thapar v Secretary of State for the Home Department [2016] EWCA Civ 716 (12 July 2016)

Secretary of State for the Home Department v MSM (Somalia) & Anor [2016] EWCA Civ 715 (12 July 2016)

Ferster v Ferster & Ors [2016] EWCA Civ 717 (12 July 2016)

Ministry of Justice v Burton & Anor [2016] EWCA Civ 714 (12 July 2016)

C, T, M and U, R (on the application of) v London Borough of Southwark [2016] EWCA Civ 707 (12 July 2016)

Huda v The London Borough of Redbridge [2016] EWCA Civ 709 (12 July 2016)

Turvill v Bird & Ors [2016] EWCA Civ 703 (11 July 2016)

High Court (Administrative Court)

Jenyo v The General Medical Council [2016] EWHC 1708 (Admin) (13 July 2016)

T & S King (A Partnership), R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs [2016] EWHC 1692 (Admin) (12 July 2016)

IS, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1623 (Admin) (11 July 2016)

Benjamin & Anor, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin) (11 July 2016)

High Court (Chancery Division)

Hall & Anor v Elia & Anor [2016] EWHC 1697 (Ch) (12 July 2016)

BTI 2014 LLC v Sequana SA & Ors [2016] EWHC 1686 (Ch) (11 July 2016)

HM Revenue & Customs v Ariel [2016] EWHC 1674 (Ch) (08 July 2016)

High Court (Commercial Court)

AS Latvijas Krajbanka v Antonov [2016] EWHC 1679 (Comm) (08 July 2016)

ICBC Financial Leasing Co Ltd v Consultants Group Commercial Funding Corporation (t/a CG Commercial Finance) [2016] EWHC 1683 (Comm) (08 July 2016)

High Court (Family Division)
Z v Z & Ors [2016] EWHC 1720 (Fam) (13 July 2016)

London Borough Tower Hamlets v B [2016] EWHC 1707 (Fam) (13 July 2016)

Source: www.bailii.org

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NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

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In re X (A Child) (Reporting Restrictions: Guidance) – WLR Daily

In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)

‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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