“A Scientologist chapel was not a place of meeting for religious worship for the purposes of section 2 of the Places of Worship Registration Act 1855.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716; [2013] WLR (D) 2
“The rule in Holme v Brunskill (1878) 3 QBD 495, permitting the discharge of a surety’s liability under a guarantee, only applied where the parties to the principal contract guaranteed had varied the terms of that contract without the surety’s consent.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Regina v Faraz [2012] EWCA Crim 2820; [2013] WLR (D) 1
“Where a defendant was charged with disseminating terrorist publications via a bookshop and associated website which he managed, evidence that named terrorist offenders had possessed similar material was only admissible, if at all, for the very limited purpose of demonstrating that among the readership of the bookshop and website’s publications were people who were prepared to commit terrorist acts. But if the evidence was admitted for that purpose, it was relevant only to the question whether such people were likely to regard the contents of the publication as encouragement to commit terrorist acts. It was not admissible in proof of the fact that people had been so encouraged. It was essential that the judge direct the jury as to the limitations and pitfalls of such evidence.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395
“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394
“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391
“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”
Family Law Week, 4th January 2013
Source: www.familylawweek.co.uk
“A man once described as the ‘terrorists’ favourite bookseller’ has had his conviction for selling books about Jihad quashed.”
Daily Telegraph, 5th January 2013
Source: www.telegraph.co.uk
“A motorist jailed for causing the deaths of a family by careless driving at a
lake in Powys has been told his four-year sentence was fair.”
BBC News, 20th December 2012
Source: www.bbc.co.uk
Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385
“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Space Airconditiong plc v Guy and another: [2012] EWCA Civ 1664; [2012] WLR (D) 384
“Where a judge had been informed by counsel that he had reached his decision by an obvious mistake of fact in his handed down judgment and had admitted it to be so, then, unless there was a very good reason not to do so, the judge had a duty to correct his judgment to put the record right.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
Mastafa v Her Majesty’s Treasury: [2012] EWHC 3578 (Admin); [2012] WLR (D) 383
“An appeal brought under section 26 of the Terrorist Asset-Freezing etc Act 2010 involved the determination of the appellant’s ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657; [2012] WLR (D) 379
“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
“There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel].”
NearlyLegal, 19th December 2012
Source: www.nearlylegal.co.uk/blog/
“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”
The Guardian, 19th December 2012
Source: www.guardian.co.uk
“A member of the Church of Scientology has lost her fight to get married in one of its chapels after the high court dismissed her claim that she was the victim of unlawful religious discrimination.”
The Guardian, 19th December 2012
Source: www.guardian.co.uk
Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373
“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“A severely mentally ill young man who tried to escape from a psychiatric unit by attempting to burn down a hospital door had an indefinite prison sentence quashed on Wednesday, after a two-year campaign by his mother.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
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