Hamnett v Essex County Council – WLR Daily

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Castle v Crown Prosecution Service – WLR Daily

Posted January 30th, 2014 in law reports, road traffic offences, ultra vires by sally

Castle v Crown Prosecution Service [2014] WLR (D) 33

‘A traffic order permitting the imposition of variable speed limits, which had been signed by an employee of the Highways Agency acting as the alter ego of the Secretary of State, was not ultra vires section 14 of the Road Traffic Regulation Act 1984.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another;  Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA   [2013] WLR (D)  430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

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Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents – WLR DAily

Posted August 1st, 2013 in appeals, fees, law reports, patents, time limits, ultra vires by sally

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents [2013] EWCA Civ 890; [2013] WLR (D) 315

“Paragraph 5 of Schedule 4A of the Patents Act 1977, rule 116 of the Patents Rules 2007 and rule 6 of the Patents (Fees) Rules 2007 imposed a regime for the payment of annual fees in accordance with article 12 of Council Regulation (EEC) No 1768/92 and Council Regulation (EC) No 469/2009. The reference to Council Regulation (EEC) No 1768/92 in section 128B of the 1977 Act could be construed as a reference to the Council Regulation (EC) No 469/2009.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

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

Posted January 18th, 2013 in consumer protection, contracts, deposits, law reports, ultra vires by tracey

Swift (trading as A Swift Move) v Robertson: [2012] EWCA Civ 1794;   [2013] WLR (D)  11

“Where a contract between a consumer and a trader for the supply of goods or services was made during a visit to the consumer’s home the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 applied, irrespective of whether there had been earlier negotiations between the parties at the consumer’s home.”

WLR Daily, 15th January 2013

Source: www.iclr.co.uk

 

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Housing benefit changes challenged in high court – The Guardian

Posted December 18th, 2012 in benefits, housing, news, social security, ultra vires by sally

“The coalition’s decision to break the link between the cost of renting and housing benefit payments is being challenged in the high court.”

Full story

The Guardian, 17th December 2012

Source: www.guardian.co.uk

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White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

Posted December 13th, 2012 in illegality, law reports, licensing, local government, planning, ultra vires by sally

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

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Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog

Posted October 2nd, 2012 in consultations, judicial review, news, ultra vires by sally

“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”

Full story

UK Human Rights Blog, 2nd October 2012

Source: www.ukhumanrightsblog.com

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Assénagon Asset Management SA v Irish Bank Resolution Corpn Ltd – WLR Daily

Posted August 3rd, 2012 in company law, law reports, shareholders, ultra vires by tracey

Assénagon Asset Management SA v Irish Bank Resolution Corpn Ltd: [2012] EWHC 2090 (Ch);  [2012] WLR (D)  243

“A challenge to the legality of a technique used by the issuers of corporate bonds which had acquired the label ‘exit consent’ succeeded on the ground that it was not lawful for the majority bondholders to lend its aid to the coercion of a minority by voting for a resolution which expropriated the minority’s rights under their bonds for a nominal consideration.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

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Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) – WLR Daily

Posted June 17th, 2011 in EC law, fisheries, law reports, regulations, ultra vires by sally

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25; [2011] WLR (D) 195

“The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to sea fish or parts of sea fish first brought to land outside the United Kingdom and only later imported into the United Kingdom. The levy so imposed, pursuant to the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996, constituted an internal tax under article 110FEU, not a charge having equivalent effect to customs duty contrary to articles 28FEU and 30FEU, and was accordingly lawful.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Regina v Forsyth; Regina v Mabey – WLR Daily

Regina v Forsyth; Regina v Mabey [2011] UKSC 9; [2011] WLR (D) 52

“The power under section 1(1) of the United Nations Act 1946 to create a criminal offence by Order in Council so as to enforce a United Nations Security Council Resolution was not restricted to use at or about the same time as when the Resolution had been passed.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Law firm not liable to loan losses, says appeal court – Law Society’s Gazette

Posted February 3rd, 2011 in banking, damages, negligence, news, solicitors, ultra vires by sally

“A law firm that gave negligent advice to a bank before the bank lost £28m in loans advanced to two local authorities does not have to reimburse those losses, the Court of Appeal ruled last week.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

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Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) – WLR Daily

Posted February 1st, 2011 in banking, damages, law reports, negligence, solicitors, ultra vires by sally

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) [2011] EWCA Civ 33; [2011] WLR (D) 25

“A firm of solicitors which erroneously advised a bank that municipalities would not be acting ultra vires if they entered into a swap arrangement with the bank was not liable for the losses resulting from the municipalities’ inability to make restitution once the void nature of the swap agreement came to light. Despite their negligence in relation to the vires of the municipalities, the solicitors had taken no responsibility for their creditworthiness or good faith or for the fact that the bank could not lawfully obtain execution against them when they defaulted on the arrangement.”

WLR Daily, 31st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding wLR Daily summary is removed.

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Progress Property Co Ltd v Moorgarth Group Ltd – WLR Daily

Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218

“The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. The court’s conclusion depended on a realistic assessment of all the relevant facts and not simply on a retrospective valuation exercise in isolation from all other inquiries. The essential issue was how the transaction was to be characterised, and that was a matter of substance and not form.”

WLR Daily, 8th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MoJ admits drafting error in fee-capping regulations – Law Society’s Gazette

“Acquitted defendants can claim the full cost of private legal fees, after the Ministry of Justice admitted there is a drafting error in the regulations intended to implement its controversial policy to cap awards.”

Full story

Law Society’s Gazette, 3rd June 2010

Source: www.lawgazette.co.uk

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Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily

Posted March 22nd, 2010 in appeals, fisheries, law reports, ultra vires by sally

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another [2010] EWCA Civ 263; [2010] WLR (D)

“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same – WLR Daily

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same

“In introducing a test of reasonable suspicion that a person was involved in terrorism as the basis for making an asset-freezing order against him under the Terrorism (United Nations Measures) Order 2006 the Treasury exceeded its powers under the enabling provisions of s 1 of the United Nations Act 1946.”

WLR Daily, 27th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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