Category: appeals

Iraqi Civilians v Ministry of Defence (No 2) – WLR Daily

Posted December 15th, 2015 in appeals, conflict of laws, foreign jurisdictions, Iraq, law reports, limitations, time limits by sally

Iraqi Civilians v Ministry of Defence (No 2) [2015] EWCA Civ 1241; [2015] WLR (D) 515

‘The primary limitation period of three years under Iraqi limitation law applied to claims in tort brought in the English High Court by Iraqi civilians in respect of alleged unlawful detention and ill-treatment by British armed forces while those forces were in Iraq between March 2003 and the end of 2008.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

Naeem v Secretary of State for Justice – WLR Daily

Posted December 15th, 2015 in appeals, employment, equal pay, law reports, prisons, religious discrimination, remuneration by sally

Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517

‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

DM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted December 15th, 2015 in appeals, crime, deportation, human rights, immigration, law reports by sally

DM (Zimbabwe) v Secretary of State for the Home Department [2015] EWCA Civ 1288; [2015] WLR (D) 516

‘Where the Home Secretary was intending to deport a man unlawfully present in the United Kingdom who had been convicted of offences it remained the case that, despite strong pointers towards deportation, the Home Secretary might not make a deportation order if that would breach his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 11th December 2015

Source: www.iclr.co.uk

The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others – NIPC Law

Posted December 15th, 2015 in appeals, medicines, news, patents, restraining orders by sally

‘In Swiss Style Claims: Warner-Lambert Companv Actavis 25 Jan 2015 I explained that Warner-Lambert LLC had a patent for a drug called pregabalin for treating epilepsy and GAD (generalized anxiety disorder). That patent expired in 2013 although the monopoly was extended for a short time by a supplementary protection certificate which has now lapsed. Warner-Lambert discovered a new use for pregabalin in the treatment of neuropathic pain for which it was granted a new patent. Actavis sought the revocation of the new patent on grounds of obviousness and insufficiency and applied for permission to market pregabalin for the treatment of epilepsy and GAD. The case that I discussed in my case note was an unsuccessful attempt by Warner-Lambert to impose conditions on the sale of pregabilin in the UK (see Warner -Lambert Company, LLC v Actavis Group Ptc EHF and others [2015] EWHC 72 (Pat)).’

Full story

NIPC Law, 9th December 2015

Source: www.nipclaw.blogspot.co.uk

A house reasonably so called – New Law Journal

Posted December 15th, 2015 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft.’

Full story

New Law Journal, 11th December 2015

Source: www.newlawjournal.co.uk

Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Tanir v Tanir – WLR Daily

Posted December 14th, 2015 in appeals, civil procedure rules, default judgments, enforcement, law reports, setting aside by sally

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Posted December 14th, 2015 in appeals, case management, civil procedure rules, detention, fees, law reports, pleadings, striking out by sally

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, change of use, enforcement, interpretation, law reports, local government, planning, time limits by sally

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

When might deportation orders be revoked before 10 years is up? – Free Movement

Posted December 14th, 2015 in appeals, deportation, families, fraud, human rights, immigration, marriage, news, public interest, time limits by sally

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

Full story

Free Movement, 14th December 2015

Source: www.freemovement.org.uk

Disrepair miscellany: Good, bad and ugly – Nearly Legal

Posted December 14th, 2015 in appeals, damages, housing, landlord & tenant, local government, news, repairs by sally

‘Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual “housing repairs update”. We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably this time including some Councils taking cases to trial. As ever, our thanks to Beatrice Prevatt and Legal Action.’

Full story

Nearly Legal, 13th December 2015

Source: www.nearlylegal.co.uk

Northern burglary gang receive increased prison sentences – Attorney General’s Office

Posted December 11th, 2015 in appeals, burglary, conspiracy, press releases, sentencing by sally

‘The Court of Appeal has today increased the unduly lenient sentences of Richard Copeland, Glenn Milburn and Ian Froom for a spate of burglaries in the north east of England.’

Full press release

Attorney General’s Office, 10th December 2015

Source: www.gov.uk/ago

Finance & Divorce Update December 2015 – Family Law Week

Posted December 11th, 2015 in appeals, arbitration, child support, consultations, divorce, family courts, financial provision, news, statistics by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015.’

Full story

Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

Ofqual to toughen up re-marking of exams after rise in grade challenges – The Guardian

Posted December 11th, 2015 in appeals, examinations, news, quality assurance by sally

‘The exam regulator, Ofqual, has announced proposals to toughen up the re-marking of A-level and GCSE exams, after figures showed a further huge increase in the number of pupils and schools appealing against results.’

Full story

The Guardian, 10th December 2015

Source: www.guardian.co.uk

Handyman who enjoyed ‘dalliance’ with rich divorcee battles for slice of her fortune – Daily Telegraph

Posted December 11th, 2015 in appeals, news by sally

‘A former RAF man who had a love affair with a rich divorcee for whom he worked as a handyman is now battling for a slice of her £10 million fortune.’

Full story

Daily Telegraph, 10th December 2015

Source: www.telegraph.co.uk

Becky Watts’ killers appeal against their convictions – The Guardian

Posted December 11th, 2015 in appeals, murder, news, sentencing by sally

‘The killers of teenager Becky Watts are appealing against their convictions and sentences.’

Full story

The Guardian, 10th December 2015

Source: www.guardian.co.uk

Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Posted December 9th, 2015 in accidents, appeals, costs, fees, law reports, personal injuries, pre-action conduct, road traffic, solicitors by sally

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk