law reports – Page 102 – Current Awareness

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

Posted July 16th, 2014 in children, consent, contact orders, disclosure, families, inquiries, law reports, proportionality by sally

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Posted July 16th, 2014 in consultations, devolution, health, judicial review, law reports, local government, Wales by sally

Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2014 in law reports by sally

Court of Appeal (Civil Division)

KS v Neath Port Talbot County Borough Council & Ors [2014] EWCA Civ 941 (15 July 2014)

M & Ors v Suffolk County Council [2014] EWCA Civ 942 (15 July 2014)

K, Re [2014] EWCA Civ 905 (15 July 2014)

High Court (Administrative Court)

Long, R (On the Application Of) v Secretary of State for Defence [2014] EWHC 2391 (Admin) (15 July 2014)

The Public Law Project, R (On the Application Of) v The Secretary of State for Justice the Office of the Children’s Commissioner [2014] EWHC 2365 (Admin) (15 July 2014)

High Court (Commercial Court)

Konkola Copper Mines v U&M Mining Zambia Ltd [2014] EWHC 2374 (Comm) (15 July 2014)

Source: www.bailii.org

Pall Mall Investments (London) Ltd v Gloucester City Council – WLR Daily

Posted July 15th, 2014 in law reports, local government, rates by sally

Pall Mall Investments (London) Ltd v Gloucester City Council: [2014] EWHC 2247 (Admin); [2014] WLR (D) 301

‘The owner of a non-domestic hereditament which was unoccupied in consequence of its own failure to carry out necessary maintenance and repair, was not entitled to exemption from unoccupied rates pursuant to regulation 4(c) of the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 unless occupation was prohibited by law either expressly or by necessary implication.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Smithton Ltd v Naggar – WLR Daily

Posted July 15th, 2014 in appeals, company directors, law reports by sally

Smithton Ltd v Naggar; [2014] EWCA Civ 939; [2014] WLR (D) 306

‘The Court of Appeal set out points of general practical importance in determining whether a person was a de facto director.’

WLR Dail, 10th July 2014

Source: www.iclr.co.uk

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by sally

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Posted July 15th, 2014 in appeals, construction industry, contracting out, contracts, indemnities, law reports, negligence by sally

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 15th, 2014 in law reports by sally

High Court (Administrative Court)

O, R (On the Application Of) v Secretary of State for International Development [2014] EWHC 2371 (Admin) (14 July 2014)

Ilia v Appeal Court In Athens (Greece) & Anor [2014] EWHC 2372 (Admin) (14 July 2014)

Drax Power Ltd, R (On the Application Of) v Secretary of State for Energy And Climate Change [2014] EWHC 2377 (Admin) (14 July 2014)

High Court (Chancery Division)

Thandi v Sands & Ors [2014] EWHC 2378 (Ch) (14 July 2014)

High Court (Patents Court)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 14th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Midgley v R [2014] EWCA Crim 1421 (11 July 2014)

Court of Appeal (Civil Division)

Smithton Ltd v Naggar [2014] EWCA Civ 939 (10 July 2014)

Kardi, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 934 (10 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014)

Hamzeh & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 956 (11 July 2014)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2014] EWCA Civ 960 (11 July 2014)

Napier Park European Credit Opportunities Fund Ltd v Harbourmaster Pro-Rata CLO 2 B.V. & Ors [2014] EWCA Civ 984 (11 July 2014)

High Court (Chancery Division)

Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch) (11 July 2014)

High Court (Family Division)

D (Child) [2014] EWHC 2376 (Fam) (20 June 2014)

BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

High Court (Queen’s Bench Division)

SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs) [2014] EWHC 2293 (QB) (10 July 2014)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Haynes v Kingston Hospital NHS Trust [2014] EWHC 2321 (QB) (11 July 2014)

Kucukkoylu v Ozcan [2014] EWHC 1972 (QB) (30 June 2014)

Halcyon House Ltd v Baines & Ors [2014] EWHC 2216 (QB) (11 July 2014)

High Court (Administrative Court)

Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) (10 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

Tesfay, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2109 (Admin) (10 July 2014)

Sarkandi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWHC 2359 (Admin) (11 July 2014)

Connors & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2358 (Admin) (11 July 2014)

Blakey v Solicitors Regulation Authority [2014] EWHC 2168 (Admin) (11 July 2014)

FI, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) (11 July 2014)

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

Jones, R (On the Application Of) v English Heritage [2014] EWHC 2259 (Admin) (09 July 2014)

High Court (Commercial Court)

Glenbrook Capital LP v Hamilton (t/a Hamiltons) [2014] EWHC 2297 (Comm) (11 July 2014)

High Court (Technology and Construction Court)

The Governor And Company of the Bank of Ireland v Faithful & Gould Ltd [2014] EWHC 2217 (TCC) (10 July 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 10th, 2014 in law reports by sally

Supreme Court

Agricultural Sector (Wales) Bill (Attorney General for England and Wales, Ref) [2014] UKSC 43 (9 July 2014)

British Telecommunications Plc v Telefónica O2 UK Ltd [2014] UKSC 42 (9 July 2014)

Court of Appeal (Criminal Division)

Kingston & Ors v R [2014] EWCA Crim 1420 (09 July 2014)

West v R [2014] EWCA Crim 1392 (09 July 2014)

Court of Appeal (Civil Division)

Tallington Lakes Ltd & Ors v Larking Gowen [2014] EWCA Civ 959 (09 July 2014)

Evans v Wimbledon and Putney Commons Conservators [2014] EWCA Civ 940 (09 July 2014)

J-A (Children) [2014] EWCA Civ 936 (09 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

RN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 938 (09 July 2014)

High Court (Queen’s Bench Division)

Breyer Group Plc & Ors v Department of Energy and Climate Change [2014] EWHC 2257 (QB) (09 July 2014)

MacLeod v Mears Ltd [2014] EWHC 2191 (QB) (08 July 2014)

High Court (Administrative Court)

Afzaal, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2215 (Admin) (09 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

ZN & Anor, R (On the Application Of) v Bromley Youth Court [2014] EWCh 2300 (Admin) (09 July 2014)

Yarbo, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2250 (Admin) (09 July 2014)

Mohammadi, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2251 (Admin) (09 July 2014)

High Court (Chancery Division)

Swinton Reds 20 Ltd v McCrory & Anor [2014] EWHC 2152 (Ch) (1 July 2014)

Roberts v Egan [2014] EWHC 1849 (Ch) (07 May 2014)

High Court (Family Division)

Cambra v Jones & Anor [2014] EWHC 2264 (Fam) (09 July 2014)

ZM v AM [2014] EWHC 2110 (Fam) (26 June 2014)

X County Council v M & Ors [2014] EWHC 2262 (Fam) (27 June 2014)

Family Court Decisions (other Judges)

B & Ors (Fact Finding, Care Proceedings) [2014] EWFC B84 (8 July 2014)

Southampton City Council v A Mother & Ors [2014] EWFC 16 (09 June 2014)

Source: www.bailii.org

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales – Supreme Court

Posted July 9th, 2014 in agriculture, bills, constitutional law, devolution, law reports, remuneration, Wales by sally

Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales [2014] UKSC 43 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 9th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No 29 Of 2014 [2014] EWCA Crim 1314 (18 June 2014)

Aslam, R v [2014] EWCA Crim 1292 (03 July 2014)

Court of Appeal (Civil Division)

Akhtar v Boland [2014] EWCA Civ 943 (08 July 2014)

Q (Children) [2014] EWCA Civ 918 (08 July 2014)

Colefax v First Tier Tribunal (Social Entitlement Chamber) & Anor [2014] EWCA Civ 945 (08 July 2014)

Qongwane & Ors v The Secretary of State for the Home Department [2014] EWCA Civ 957 (08 July 2014)

Caldero Trading Ltd v Leibson Corporation Ltd & Ors [2014] EWCA Civ 935 (08 July 2014)

High Court (Queen’s Bench Division)

McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB) (08 July 2014)

Mabbutt (On His Own Behalf And On Behalf of the Conservative Party) [2014] EWHC 2244 (QB) (08 July 2014)

High Court (Administrative Court)

Pall Mall Investments (London) Ltd v Gloucester City Council [2014] EWHC 2247 (Admin) (08 July 2014)

MD, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (08 July 2014)

High Court (Commercial Court)

Saipol S.A. v Inerco Trade S.A. [2014] EWHC 2211 (Comm) (20 June 2014)

Source: www.bailii.org

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Posted July 9th, 2014 in canals, law reports, retrospectivity, sewerage, Supreme Court, trespass, water companies by sally

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘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