law reports – Page 101 – Current Awareness

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Novoship (UK) Ltd and others v Nikitin and others – WLR Daily

Posted July 9th, 2014 in bribery, causation, charterparties, debts, fiduciary duty, interest, law reports by sally

Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297

‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted July 9th, 2014 in criminal injuries compensation, law reports, time limits by sally

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945; [2014] WLR (D) 296

‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by sally

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 8th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, tribunals by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

In re MF Global UK Ltd (in special administration) (No 5) – WLR Daily

Posted July 8th, 2014 in financial regulation, insolvency, law reports, trustees in bankruptcy by sally

In re MF Global UK Ltd (in special administration) (No 5): [2014] EWHC 2222 (Ch); [2014] WLR (D) 294

‘There was nothing in the rules contained in Chapters 7 and 7A of the Client Assets Sourcebook (“CASS 7 and 7A”), which formed part of the Financial Services Authority Handbook, which expressly excluded the statutory power of compromise contained in section 15 of the Trustee Act 1925.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Churngold Recycling Ltd v Environment Agency – WLR Daily

Posted July 8th, 2014 in appeals, conversion, law reports by sally

Churngold Recycling Ltd v Environment Agency: [2014] EWCA Civ 909: [2014] WLR (D) 295

“Electronically stored information, as opposed to the media upon which it was stored, was intangible and not a chattel and could not be “goods” for the purposes of the Torts (Interference with Goods) Act 1977. It was accordingly not capable of being wrongfully interfered with so as to constitute the tort of conversion.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 8th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Jones v R [2014] EWCA Crim 1337 (04 July 2014)

Ernest, R v [2014] EWCA Crim 1312 (04 July 2014)

High Court (Chancery Division)

Global Marine Drillships Ltd v La Bella & Ors [2014] EWHC 2242 (Ch) (07 July 2014)

High Court (Queen’s Bench Division)

One Step (Support) Ltd v Morris -Garner & Anor [2014] EWHC 2213 (QB) (07 July 2014)

High Court (Technology and Construction Court)

The Bodo Community & Ors v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC) (04 July 2014)

Iliffe & Anor v Feltham Construction Ltd [2014] EWHC 2125 (TCC) (03 July 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 7th, 2014 in law reports by sally

Supreme Court

Whiston, R (on the application of) [2014] UKSC 39 (2 July 2014)

Henderson v Foxworth Investments Limited & Anor [2014] UKSC 41 (2 July 2014)

The Manchester Ship Canal Company Ltd & Anor v United Utilities Water Plc [2014] UKSC 40 (2 July 2014)

Court of Appeal (Civil Division)

Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)

Novoship (UK) Ltd & Ors v Nikitin & Ors [2014] EWCA Civ 908 (04 July 2014)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor [2014] EWHC 2178 (QB) (04 July 2014)

High Court (Administrative Court)

Reilly (No. 2) & Anor, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2182 (Admin) (04 July 2014)

Rotary Yorkshire Ltd v Hague (HM’s Health & Safety Inspectors) [2014] EWHC 2126 (Admin) (04 July 2014)

High Court (Chancery Division)

Electrosteel Castings (UK) Ltd v Metalpol Ltd [2014] EWHC 2017 (Ch) (04 July 2014)

MF Global UK Ltd, Re Investment Bank Special Administration Regulations 2011 [2014] EWHC 2222 (Ch) (04 July 2014)

Blue Tropic Ltd & Anor v Chkhartishvili [2014] EWHC 2243 (Ch) (07 July 2014)

Setchim & Anor v Secretary of State for Foreign & Commonwealth Affairs & Ors [2014] EWHC 2218 (Ch) (04 July 2014)

High Court (Family Division)

T (Children) [2014] EWHC 2164 (Fam) (16 June 2014)

High Court (Commercial Court)

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2014] EWHC 2197 (Comm) (04 July 2014)

Source: www.bailii.org

Regina v Smith (Owen) – WLR Daily

Posted July 4th, 2014 in firearms, juries, law reports by sally

Regina v Smith (Owen): [2014] WLR (D) 287

‘In a prosecution for an offence under section 16 of the Firearms Act 1968, of possessing a firearm with intent to endanger life or to enable another person to endanger life, it was neither necessary nor appropriate in the ordinary way for the judge to direct the jury, on the question of intent, that the Crown had to prove to the satisfaction of the whole jury that it was the defendant or alternatively, another, who intended that life should be endangered; the intent was the same in each case.’

WLR Daily, 27th June 2014

Source: www.iclr.co.uk

Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by sally

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk

Walker v Commissioner of Police of the Metropolis – WLR Daily

Posted July 4th, 2014 in detention, false imprisonment, law reports, malicious prosecution, police by sally

Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289

‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Henderson v Foxworth Investments Ltd and another – WLR Daily

Posted July 4th, 2014 in appeals, law reports, Scotland, Supreme Court by sally

Henderson v Foxworth Investments Ltd and another: [2014] UKSC 41 ; [2014] WLR (D) 290

‘In the absence of some other identifiable error, an appellate court would interfere with a trial judge’s factual findings only if it were satisfied that his decision was “plainly wrong” in the sense that it could not reasonably be explained or justified.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk