BAILII: Recent Decisions

Posted December 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Baybasin & Ors, R v [2013] EWCA Crim 2357 (13 December 2013)

Padda v R. [2013] EWCA Crim 2330 (12 December 2013)

Fort, R v [2013] EWCA Crim 2332 (13 December 2013)

Court of Appeal (Civil Division)

Gaurilcikiene v Tesco Stores Ltd [2013] EWCA Civ 1612 (16 December 2013)

St Albans v Hunston Properties Ltd, R (On the Application Of) & Anor [2013] EWCA Civ 1610 (12 December 2013)

TN (Afghanistan) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 1609 (12 December 2013)

Bunge SA v Nidera BV [2013] EWCA Civ 1628 (12 December 2013)

Birmingham City Council v Balog [2013] EWCA Civ 1582 (12 December 2013)

Seagrain LLC v Glencore Grain BV [2013] EWCA Civ 1627 (12 December 2013)

High Court (Queen’s Bench Division)

Tachie & Ors v Welwyn Hatfield Borough Council [2013] EWHC 3972 (QB) (13 December 2013)

High Court (Chancery Division)

Moxon v Litchfield & Ors, Re LCM Wealth Management Ltd [2013] EWHC 3957 (Ch) (12 December 2013)

High Court (Family Division)

LRP (A Child) (Care Proceedings: Placement Order) [2013] EWHC 3974 (Fam) (12 December 2013)

High Court (Administrative Court)

Lancashire, R (On the Application) v Northumberland County Council& Anor (Rev 1) [2013] EWHC 3850 (Admin) (12 December 2013)

Glenholme Developments Ltd v The Welsh Ministers & Anor [2013] EWHC 3679 (Admin) (10 December 2013)

Corbett, R (On the Application Of) v Cornwall Council [2013] EWHC 3958 (Admin) (12 December 2013)

Brook v Secretary of State for Communities and Local Government & Anor [2013] EWHC 4006 (Admin) (13 December 2013)

Ismail, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3921 (Admin) (13 December 2013)

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin) (13 December 2013)

Warnborough College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3915 (Admin) (13 December 2013)

High Court (Technology and Construction Court)

Alexander & Law Ltd v Coveside (21BPR) Ltd [2013] EWHC 3949 (TCC) (12 December 2013)

High Court (Commercial Court)

Bunge SA v Nibulon Trading BV [2013] EWHC 3936 (Comm) (13 December 2013)

High Court (Patents Court)

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2013] EWHC 3955 (Pat) (12 December 2013)

Source: www.bailii.org

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

Full story

Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

One Direction’s Harry Styles wins court order against paparazzi – The Guardian

Posted December 16th, 2013 in injunctions, media, news, photography, privacy by sally

‘One Direction’s Harry Styles has won a court order banning the paparazzi from pursuing him in the street or waiting outside his house.’

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The Guardian, 16th December 2013

Source: www.guardian.co.uk

BT default ‘porn filter’ switched on – BBC News

Posted December 16th, 2013 in children, drug abuse, internet, news, pornography by sally

‘BT has announced the launch of a new internet filter designed to protect children online.’

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BBC News, 16th December 2013

Source: www.bbc.co.uk

Modern slavery white paper published – Home Office

Posted December 16th, 2013 in bills, imprisonment, news, trafficking in human beings by sally

‘A flagship Bill to tackle modern slavery, the first of its kind in Europe, was published today by the Home Secretary Theresa May.’

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Home Office, 16th December 2013

Source: www.gov.uk/home-office

Traffic courts up and running in 29 areas – Ministry of Justice

Posted December 16th, 2013 in courts, news, road traffic offences by sally

‘All areas should have a dedicated traffic court within the next 6 months Justice Minister Damian Green said today (13 December 2013).’

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Ministry of Justice, 13th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) (Case C-443/12); [2013] WLR (D) 491

‘Where, on the basis of a patent protecting an innovative active ingredient and a marketing authorisation for a medicinal product containing that ingredient as the single active ingredient, the holder of that patent had already obtained a supplementary protection certificate (“SPC”) for that active ingredient entitling him to oppose the use of that active ingredient, either alone or in combination with other active ingredients, article 3(c) of Parliament and Council Regulation (EC) No 469/2009 precluded that patent holder from obtaining—on the basis of that same patent but a subsequent marketing authorisation (“MA”) for a different medicinal product containing that active ingredient in conjunction with another active ingredient which was not protected as such by the patent— a second supplementary protection certificate relating to that combination of active ingredients.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Carratù v Poste Italiane SpA – WLR Daily

Posted December 16th, 2013 in compensation, EC law, employment, fixed-term contracts, law reports by sally

Carratù v Poste Italiane SpA (Case C-361/12); [2013] WLR (D) 490

‘Clause 4(1) of the Framework agreement on fixed term work, annexed to Council Directive 1999/70/EC, could be relied on directly against a state body. The concept of “employment conditions” in clause 4(1) covered the compensation that the employer had pay to an employee on account of the unlawful insertion of a fixed-term clause into his employment contract but did not require the compensation paid in respect of the unlawful insertion of a fixed-term clause into an employment relationship to be treated in the same way as that paid in respect of the unlawful termination of a permanent employment relationship.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Eli Lilly and Co Ltd v Human Genome Sciences Inc – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Eli Lilly and Co Ltd v Human Genome Sciences Inc (Case C-493/12); [2013] WLR (D) 489

‘Pursuant to article 3(a) of Parliament and Council Regulation (EC) No 469/2009, in order for an active ingredient to be regarded as “protected by a basic patent in force” within the meaning of that provision, it was not necessary for the active ingredient to be identified in the claims of the patent by a structural formula. Where the active ingredient was covered by a functional formula in the claims of a patent issued by the European Patents Office (“the EPO”), article 3(a) of that Regulation did not, in principle, preclude the grant of a supplementary protection certificate for that active ingredient, on condition that it was possible to reach the conclusion that the claims related, implicitly but necessarily and specifically, to the active ingredient in question.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Georgetown University v Octrooicentrum Nederland – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Georgetown University v Octrooicentrum Nederland (Case C-484/12); [2013] WLR (D) 487

‘Where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder had already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of article 3(a) of Parliament and Council Regulation (EC) No 469/2009, article 3(c) of that regulation did not preclude the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, was also protected as such by that patent.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Proceedings brought by X – WLR Daily

Posted December 16th, 2013 in data protection, EC law, fees, fines, freedom of information, law reports by sally

Proceedings brought by X (Case C-486/12); [2013] WLR (D) 485

‘Article 12(a) of Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data did not preclude the levying of fees in respect of the communication of personal data by a public authority. Pursuant to article 12(a), in order to ensure that fees levied when the right to access personal data was exercised were not excessive for the purposes of that provision, the level of those fees could not exceed the cost of communicating such data.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily

Posted December 16th, 2013 in appeals, asylum, children, EC law, immigration, judicial review, law reports by sally

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same [2013] EWCA Civ 1609; [2013] WLR (D) 483

‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis – UK Constitutional Law Group

‘Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the High court whereby the Olympic Delivery Authority, (ODA) the body charged with the logistics and infrastructure of the London Olympic Games, had sought injunctions to restrain protestors from entering and occupying land which was to be developed as part of the Olympic site. The main issues emerging from this case discussed in the two posts was whether the ODA constituted a ‘core’ or ‘hybrid’ public authority under s. 6 HRA; whether it could itself enjoy human rights to defeat or counter any human rights obligations it may hold in its capacity as a ‘hybrid’ body exercising public functions; and where the ‘centre of gravity’ for determining the human rights obligations of hybrid bodies lay under the Act; under the s. 6(3)(b) ‘public function’ test or the definition of ‘private act’ under s. 6(5).’

Full story

UK Constitutional Law Group, 13th December 2013

Source: www.ukconstituionallaw.org

University segregation guidance – manifesting, not imposing, beliefs – Halsbury’s Law Exchange

‘Controversy has been sparked by the guidance issued by Universities UK entitled External speakers in higher education institutions on the question of gender segregation in university talks.’

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Halsbury’s Law Exchange, 13th December 2013

Source: www.halsburyslawexchange.co.uk

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

Full story

Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

April Jones killer Mark Bridger to appeal against sentence – BBC News

Posted December 16th, 2013 in appeals, children, indecent photographs of children, murder, news, sentencing by sally

‘April Jones’ killer Mark Bridger is to appeal against his whole-life sentence.’

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BBC News, 16th December 2013

Source: www.bbc.co.uk

The need for Gypsies and Travellers to respond to the Government’s balance of competences review on fundamental rights – Garden Court Chambers Blog

Posted December 16th, 2013 in complaints, EC law, evidence, gipsies, human rights, news by sally

‘Marc Willers explains why it is so important that Gypsies and Travellers respond to the Government’s balance of competences review on fundamental rights by submitting evidence before 13 January 2014.

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Garden Court Chambers Blog, 13th December 2013

Source: www.gclaw.wordpress.com

Court of Appeal issues key NPPF ruling in cases where no local plan yet – Local Government Lawyer

Posted December 16th, 2013 in appeals, costs, environmental protection, housing, local government, news, planning by sally

‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’

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Local Government Lawyer, 13th December 2013

Source: www.localgovernmentlawyer.co.uk

Shortfalls, guidance and intentionality – NearlyLegal

Posted December 16th, 2013 in appeals, benefits, homelessness, housing, local government, news, rent by sally

‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.

Full story

NearlyLegal, 15th December 2013

Source: www.nearlylegal.co.uk

Fake police gang jailed for robberies and kidnappings – BBC News

Posted December 16th, 2013 in burglary, conspiracy, kidnapping, news, robbery, sentencing, weapons by sally

‘Four men who posed as police officers and handcuffed victims while ransacking their properties have been jailed.’

Full story

BBC News, 13th December 2013

Source: www.bbc.co.uk