Category: appeals

Tidal Energy Ltd v Bank of Scotland plc – WLR Daily

Posted August 11th, 2014 in appeals, banking, contracts, law reports, mistaken identity by sally

Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369

‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Young v Anglo American South Africa Ltd and others – WLR Daily

Posted August 11th, 2014 in appeals, conflict of laws, doctors, EC law, foreign companies, jurisdiction, law reports, negligence by sally

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina v Ali (Salah) – WLR Daily

Posted August 11th, 2014 in appeals, enforcement notices, housing, law reports, planning, proceeds of crime, rent, repossession, sentencing, time limits by sally

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

QASA challenge could cost criminal barristers £215,000 – Legal Futures

Posted August 11th, 2014 in appeals, barristers, costs, news, protective costs orders, quality assurance by sally

‘The Criminal Bar Association (CBA) and circuits could face a £65,000 bill – nearly twice what they had hoped for – if their Court of Appeal bid to derail the Quality Assurance Scheme for Advocates (QASA) fails, it has emerged.’

Full story

Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

Visitors uphold fine for pupillage head who ignored online applications – Legal Futures

Posted August 11th, 2014 in appeals, barristers, costs, disciplinary procedures, fines, news, professional conduct, pupillage, tribunals by sally

‘The Bar’s disciplinary tribunal was right to fine the head of a pupillage committee at a London chambers that ignored 98 online applications, the Visitors to the Inns of Court have ruled.’

Full story

Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

Trading “with a view to the making of a profit” – an objective or subjective test? – RPC Commercial Disputes Blog

Posted August 7th, 2014 in appeals, corporation tax, HM Revenue & Customs, news by sally

‘In Beacon Estates (Chepstow) Ltd v HMRC [2014] UKFTT 686 (TC), the First-tier Tribunal (Tax Chamber) (‘FTT’) allowed the taxpayer’s appeal, holding that ‘with a view to’ in section 393A(3), Income and Corporation Taxes Act 1988 (‘ICTA’)[1] imports an objective test when considering relief for trading losses.’

Full story

RPC Commercial Disputes Blog, 6th August 2014

Source: www.rpc.co.uk

Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

Posted August 6th, 2014 in appeals, children, EC law, jurisdiction, news, parental responsibility, regulations, residence orders by sally

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

Full story

Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

Appeal court backs publication of arrest names – Law Society’s Gazette

Posted August 6th, 2014 in anonymity, appeals, disclosure, human rights, injunctions, media, news, privacy, public interest, sexual grooming, sexual offences, Supreme Court by sally

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

Full story

Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Should children give evidence in family proceedings? – Halsbury’s Law Exchange

Posted August 6th, 2014 in appeals, case management, children, cross-examination, evidence, family courts, news, Supreme Court, witnesses by sally

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

Full story

NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

High Court overturns tribunal’s decision on barrister accused of concealing convictions – Legal Futures

Posted August 5th, 2014 in appeals, barristers, criminal records, disciplinary procedures, news, professional conduct by sally

‘The High Court has quashed the decision of a Bar disciplinary tribunal, which resulted in a barrister being disbarred and fined £3,000 following accusations that he failed to disclose criminal convictions.’

Full story

Legal Futures, 5th August 2014

Source: www.legalfutures.co.uk

IG Index Ltd v Cloete – WLR Daily

Posted August 4th, 2014 in appeals, civil procedure rules, disclosure, documents, employment tribunals, law reports, practice directions, unfair dismissal by sally

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Posted August 4th, 2014 in appeals, appropriation, judicial review, law reports, local government, public interest by sally

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

Full story

NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Parents accused of ’emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

Full story

Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com

Posted August 4th, 2014 in appeals, disclosure, freedom of information, interpretation, news by sally

‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’

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OUT-LAW.com, 1st August 2014

Source: www.out-law.com

Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk