BAILII: Recent Decisions

Posted April 22nd, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (QB) (16 April 2014)

High Court (Administrative Court)

AM v Examining Magistrate’s Court No. 4 Murcia, Spain (Rev 2) [2014] EWHC 1113 (Admin) (16 April 2014)

High Court (Family Division)

S (A Child), Re [2014] EWCC B44 (Fam) (16 April 2014)

Source: www.bailii.org

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Briggs and others v Gleeds (Head Office) and others – WLR Daily

Posted April 22nd, 2014 in documents, estoppel, execution, law reports, pensions by sally

Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178 (Ch); [2014] WLR (D) 174

‘A representation of law could found an estoppel by representation. Estoppel could not be invoked where a document did not even appear to comply with the requirements of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 on its face or where a document needed to be executed by partners and was stated to be signed, sealed and delivered by each partner but none of those signatures were witnessed. Accordingly members of a pension scheme were not estopped from denying that defective deeds were validly executed.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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JP v NP – WLR Daily

Posted April 17th, 2014 in divorce, financial provision, law reports by tracey

JP v NP: [2014] EWHC 1101 (Fam);   [2014] WLR (D)  172

‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Greenclose Ltd v National Westminster Bank plc – WLR Daily

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 17th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014)

Dowling & Ors v Bennett Griffin [2014] EWCA Civ 473 (16 April 2014)

Pitalia & Anor v The National Health Service Commissioning Board [2014] EWCA Civ 474 (16 April 2014)

DB Group Services (UK) Ltd v Revenue And Customs [2014] EWCA Civ 452 (16 April 2014)

Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504 (16 April 2014)

Calvert & Ors v Cruddas [2014] EWCA Civ 476 (16 April 2014)

Jafri v Lincoln College [2014] EWCA Civ 449 (16 April 2014)

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)

Phil & Ted’s Most Excellent Buggy Company Ltd v TFK Trends for Kids GmbH & Ors [2014] EWCA Civ 469 (16 April 2014)

Kazakhstan Kagazy Plc & Ors v Maksat Askaruly Arip [2014] EWCA Civ 381 (16 April 2014)

Court of Appeal (Criminal Division)

Gomes Monteiro & Ors, R v [2014] EWCA Crim 747 (16 April 2014)

High Court (Administrative Court)

O Twelve Baytree Limited, R (On the Application Of) v The Rent Assessment Panel [2014] EWHC 1229 (Admin) (16 April 2014)

Crawford, R (On the Application Of) v The University of Newcastle Upon Tyne [2014] EWHC 1197 (Admin) (16 April 2014)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (Admin) (16 April 2014)

Haroon Aswat, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1216 (Admin) (16 April 2014)

High Court (Chancery Division)

US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd & Ors [2014] EWHC 1189 (Ch) (16 April 2014)

High Court (Commercial Court)

Stein v Chodiev & Ors [2014] EWHC 1201 (Comm) (16 April 2014)

High Court (Queen’s Bench Division)

Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB) (16 April 2014)

Aspinall v Secretary of State for Health [2014] EWHC 1217 (QB) (16 April 2014)

Stephens McBride Piercy Taylor Ltd v McBride [2014] EWHC 1231 (QB) (16 April 2014)

Merlin Financial Consultants Ltd v Cooper [2014] EWHC 1196 (QB) (16 April 2014)

Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB) (16 April 2014)

Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)

NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)

Source: www.bailii.org

 

 

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

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 16th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Communities And Local Government v Hopkins Developments Ltd [2014] EWCA Civ 470 (15 April 2014)

Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 472 (15 April 2014)

Court of Appeal (Criminal Division)

Gary Hyde v The Queen [2014] EWCA Crim 713 (15 April 2014)

High Court (Administrative Court)

Derrin Brother Properties Ltd, R (on the application of) v HM Revenue and Customs & Ors [2014] EWHC 1152 (Admin) (15 April 2014)

Rose, R (on the application of) v Thanet Clinical Commissioning Group [2014] EWHC 1182 (Admin) (15 April 2014)

E v Secretary of State for the Home Department [2014] EWHC 1030 (Admin) (15 April 2014)

Gomes, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1169 (Admin) (15 April 2014)

High Court (Chancery Division)

Kaneria v Kaneria & Ors [2014] EWHC 1165 (Ch) (15 April 2014)

Christophorus 3 Ltd & Anor, Re [2014] EWHC 1162 (Ch) (15 April 2014)

Balevents Ltd & Anor v Sartori [2014] EWHC 1164 (Ch) (15 April 2014)

Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014)

Gaydamak v Leviev [2014] EWHC 1167 (Ch) (15 April 2014)

High Court (Family Division)

P (A Child), Re [2014] EWHC 1146 (Fam) (15 April 2014)

London Borough of Haringey v Musa [2014] EWHC 1200 (Fam) (11 April 2014)

High Court (Queen’s Bench Division)

Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)

High Court (Technology and Construction Court)

MT Højgaard A/s v E.ON Climate And Renewables & Ors [2014] EWHC 1088 (TCC) (15 April 2014)

Source: www.bailii.org

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Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Director of Public Prosecutions v Issler and others – WLR Daily

Posted April 15th, 2014 in emergency services, law reports, road traffic by tracey

Director of Public Prosecutions v Issler and others: [2014] EWHC 669 (Admin);   [2014] WLR (D)  164

‘For the purposes of the Road Vehicle (Construction and Use) Regulations 1986 and the Road Vehicles Lighting Regulations 1989 a vehicle used for “ambulance purposes” had to be capable of conveying sick, injured or disabled persons and do so with such frequency that that core activity might fairly and properly be designated as its primary use.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 15th, 2014 in law reports by tracey

Supreme Court

Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc [2014] UKSC 24 (9 April 2014)

O’’Brien, R v [2014] UKSC 23 (2 April 2014)

Court of Appeal (Civil Division)

Akzo Nobel N.V. v Competition Commission & Ors [2014] EWCA Civ 482 (14 April 2014)

Beauty Star Ltd v Janmohamed [2014] EWCA Civ 451 (14 April 2014)

Honda Motor Europe Ltd & Anor v Powell & Anor [2014] EWCA Civ 437 (11 April 2014)

The Commissioners for Her Majesty’s Revenue And Customs v British Telecommunications Plc [2014] EWCA Civ 433 (11 April 2014)

Yeung v Potel & Anor [2014] EWCA Civ 481 (11 April 2014)

Lloyds TSB Insurance Services Ltd & Anor v Shanley [2014] EWCA Civ 407 (10 April 2014)

Court of Appeal (Criminal Division)

Singh-Mann & Ors v R [2014] EWCA Crim 717 (15 April 2014)

R v Bowman & Anor [2014] EWCA Crim 716 (15 April 2014)

High Court (Administrative Court)

Odoi-Asare v Nursing & Midwifery Council [2014] EWHC 1151 (Admin) (14 April 2014)

High Court (Chancery Division)

Greenclose Ltd v National Westminster Bank Plc [2014] EWHC 1156 (Ch) (14 April 2014)

Nordic Insulated Doors Ltd v Land Resources Ltd [2014] EWHC 1093 (Ch) (11 April 2014)

Primary Group (UK) Ltd & Ors v The Royal Bank of Scotland Plc & Anor [2014] EWHC 1082 (Ch) (11 April 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 1035 (Fam) (09 April 2014)

High Court (Queen’s Bench Division)

Uppal v Endemol UK Ltd & Ors [2014] EWHC 1063 (QB) (09 April 2014)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd & Ors v Essex Services Group Plc & Ors [2014] EWHC 1099 (TCC) (11 April 2014)

Source: www.bailii.org

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Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others – WLR Daily

Posted April 14th, 2014 in data protection, EC law, electronic mail, law reports by sally

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others (Joined Cases C-293/12 and C-594/12); [2014] WLR (D) 164

‘Parliament and Council Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was invalid.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 11th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pershad, R. v [2014] EWCA Crim 692 (10 April 2014)

Court of Appeal (Civil Division)

Valilas v Januzaj [2014] EWCA Civ 436 (08 April 2014)

Lewis v Lewis [2014] EWCA Civ 412 (08 April 2014)

G (A Child) [2014] EWCA Civ 432 (08 April 2014)

NYK Bulkship (Atlantic) N.V. v Cargill International S.A. [2014] EWCA Civ 403 (08 April 2014)

Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 408 (10 April 2014)

Asset Land Investment Plc & Anor v The Financial Conduct Authority (FCA) [2014] EWCA Civ 435 (10 April 2014)

High Court (Queen’s Bench Division)

JC & Anor v The Central Criminal Court [2014] EWHC 1041 (QB) (08 April 2014)

Farrugia v Burtenshaw & Ors [2014] EWHC 1036 (QB) (08 April 2014)

Love v Halfords Ltd [2014] EWHC 1057 (08 April 2014)

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

High Court (Chancery Division)

McTear & Anor v Engelhard & Ors [2014] EWHC 1056 (Ch) (10 April 2014)

E.Surv Ltd v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch) (10 April 2014)

Kershaw v Roberts (Representative of the Estate of Jones) & Anor [2014] EWHC 1037 (Ch) (10 April 2014)

Stemcor (SEA) Pte Ltd & Anor, Re [2014] EWHC 1096 (Ch) (10 April 2014)

High Court (Administrative Court)

Ashton, R. v [2014] EWHC 974 (Admin) (08 April 2014)

Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) (10 April 2014)

Manzarpour, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1086 (Admin) (10 April 2014)

AB & Anor, R (On the Application Of) v Huddersfield Magistrates’ Court & Anor [2014] EWHC 1089 (Admin) (10 April 2014)

High Court (Family Division)

An NHS Foundation Trust v Ab [2014] EWHC 1031 (Fam) (04 April 2014)

A & B v P Council [2014] EWHC 1128 (Fam) (21 March 2014)

Surrey County Council v AB & Ors [2014] EWHC 1115 (Fam) (21 March 2014)

MB v GK [2014] EWHC 1122 (Fam) (03 April 2014)

Y (A Child: Private Law: Interim Change of Residence) [2014] EWHC 1068 (Fam) (02 April 2014)

JP v NP [2014] EWHC 1101 (Fam) (09 April 2014)

High Court (Commercial Court)

United States of America (USA) v Abacha & Ors [2014] EWHC 993 (Comm) (08 April 2014)

Barclays Bank Plc v Svizera Holdings BV & Anor [2014] EWHC 1020 (Comm) (08 April 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 1102 (Comm) (11 April 2014)

Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU [2014] EWHC 1098 (Comm) (10 April 2014)

T&L Sugars Ltd v Tate & Lyle Industries Led [2014] EWHC 1066 (Comm) (10 April 2014)

High Court (Patents Court)

Hospira UK Ltd v Genentech Inc [2014] EWHC 1094 (Pat) (10 April 2014)

High Court (Technology and Construction Court)

Laker Vent Engineering Ltd (“Laker”) v Jacobs E&C Ltd (“Jacobs”) [2014] EWHC 1058 (TCC) (08 April 2014)

Source: www.bailii.org

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Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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