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

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

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

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

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

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

BAILII: Recent Decisions

Posted July 4th, 2014 in law reports by sally

High Court (Administrative Court)

Skraba v Regional Court In Nowy Sacz Poland [2014] EWHC 2193 (Admin) (03 July 2014)

High Court (Chancery Division)

Stokes & Anor v Oxfordshire County Council [2014] EWHC 2177 (Ch) (03 July 2014)

High Court (Commercial Court)

Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) (03 July 2014)

High Court (Patents Court)

Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWHC 2196 (Pat) (03 July 2014)

High Court (Queen’s Bench Division)

Beecham Peacock Solicitors LLP v (Enterprise Insurance Company Plc & Ors [2014] EWHC 2194 (QB) (03 July 2014)

Source: www.bailii.org

 

BAILII: Recent Decisions

Posted July 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

David W. Flavell Consultants Ltd v Uddin [2014] EWCA Civ 902 (03 July 2014)

Power v Meloy Whittle Robinson Solicitors [2014] EWCA Civ 898 (02 July 2014)

Malone v Relyon Heating Engineering Ltd [2014] EWCA Civ 904 (02 July 2014)

Youssefi v Mussellwhite [2014] EWCA Civ 885 (02 July 2014)


Hone & Ors v Abbey Forwarding & Anor [2014] EWCA Civ 899 (02 July 2014)

High Court (Queen’s Bench Division)

Dil & Ors v Commissioner of Police of the Metropolis [2014] EWHC 2184 (QB) (02 July 2014)

High Court (Administrative Court)

Mansfield District Council v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin) (02 July 2014)

High Court (Chancery Division)

Baillie & Ors v Bromhead & Co (A Firm) & Ors [2014] EWHC 2149 (Ch) (02 July 2014)

Bristol Groundschool Ltd v Intelligent Data Capture Ltd & Ors [2014] EWHC 2145 (Ch) (02 July 2014)

High Court (Commercial Court)

Edmond De Rothschild Securities (UK) Ltd v Exillon Energy Plc [2014] EWHC 2165 (Comm) (02 July 2014)

Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2014] EWHC 2105 (Comm) (02 July 2014)

Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm) (02 July 2014)

Gul Bottlers (PVT) Ltd v Nichols Plc [2014] EWHC 2173 (Comm) (02 July 2014)

Family Court Decisions (High Court Judges)

London Borough of Waltham Forest v FC & Anor [2014] EWFC 14 (02 July 2014)

Source: www.bailii.org

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) – Supreme Court

Posted July 3rd, 2014 in appeals, human rights, law reports, release on licence, Supreme Court by sally

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) [2014] UKSC 39 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) – Supreme Court

Posted July 3rd, 2014 in appeals, hotels, insolvency, law reports, liquidators, Scotland, Supreme Court by sally

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) [2014] UKSC 41 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) – Supreme Court

Posted July 3rd, 2014 in appeals, canals, law reports, sewerage, Supreme Court, trespass, water companies by sally

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) [2014] UKSC 40 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 2nd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Walker v The Commissioner of the Police of the Metropolis [2014] EWCA Civ 897 (01 July 2014)

Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2014] EWCA Civ 878 (01 July 2014)

High Court (Family Division)

London Borough of Ealing v AR & Ors [2014] EWHC 2172 (Fam) (1 July 2014)

Family Court Decisions (other Judges)

Stoke-on-Trent CC v S [2014] EWFC B82 (29 May 2014)

High Court (Administrative Court)

Parkin & Anor v Dartford County Court & Ors [2014] EWHC 2174 (Admin) (01 July 2014)

Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors [2014] EWHC 2136 (Admin) (27 June 2014)

Olayeni, R (on the application of) v Secretary of State for Home Department [2014] EWHC 2137 (Admin) (27 June 2014)

Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2082 (Admin) (25 June 2014)

AA (Sudan), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 2118 (Admin) (27 June 2014)

Sky Blue Sports & Leisure Ltd & Ors, R (On the Application Of) v Coventry City Council [2014] EWHC 2089 (Admin) (30 June 2014)

Neteczca v Governor of Holloway Prison [2014] EWHC 2098 (Admin) (27 June 2014)

High Court (Commercial Court)

Emirates Trading Agency Llc v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) (01 July 2014)

The Federal Mogul Asbestos Personal Injury Trust v Federal-Mogul Ltd & Ors [2014] EWHC 2002 (Comm) (27 June 2014)

Nidera BV v Venus International Free Zone for Trading & Marine Services SAE [2014] EWHC 2013 (Comm) (19 June 2014)

Renaissance Capital Ltd v African Minerals Ltd [2014] EWHC 2004 (Comm) (27 June 2014)

Open Joint Stock Company Alfa-Bank v Georgy Trefilov [2014] EWHC 1806 (Comm) (04 June 2014)

High Court (Technology and Construction Court)

Bluewater Energy Services BV v Mercon Steel Structures BV & Ors [2014] EWHC 2132 (TCC) (30 June 2014)

High Court (Patents Court)

Farrow Holdings Group Inc v Secretary of State for Defence [2014] EWHC 2047 (Pat) (27 June 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 1st, 2014 in law reports by sally

Supreme Court

Nicklinson & Anor R (on the application of) [2014] UKSC 38 (25 June 2014)

Court of Appeal (Criminal Division)

Ashford & Ors v Southampton City Council [2014] EWCA Crim 1244 (25 June 2014)

Langley, R v [2014] EWCA Crim 1284 (12 June 2014)

Court of Appeal (Civil Division)

CF Asset Finance Ltd v Okonji [2014] EWCA Civ 870 (24 June 2014)

Akhtar v Boland [2014] EWCA Civ 872 (25 June 2014)

J (A Child) [2014] EWCA Civ 875 (27 June 2014)

Interfish Ltd v Revenue And Customs [2014] EWCA Civ 876 (27 June 2014)

EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (26 June 2014)

A (A Child) [2014] EWCA Civ 871 (26 June 2014)

Temur v London Borough of Hackney [2014] EWCA Civ 877 (26 June 2014)

High Court (Queen’s Bench Division)

Barclay Pharmaceuticals Ltd v OPD Laboratories Ltd & Ors [2014] EWHC 1977 (QB) (18 June 2014)

Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

RMJ v The Secretary of State for the Home Department [2014] EWHC 2048 (QB) (24 June 2014)

High Court (Chancery Division)

Group Seven Ltd & Anor v Allied Investment Corporation Ltd & Ors [2014] EWHC 2046 (Ch) (26 June 2014)

Swynson Ltd & Anor v Lowick Rose Llp [2014] EWHC 2085 (Ch) (30 June 2014)

American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)

Fibria Celulose S/A v Pan Ocean Co. Ltd & Anor [2014] EWHC 2124 (Ch) (30 June 2014)

Source: www.bailii.org

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by sally

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 27th, 2014 in law reports by sally

Court of Appeal (Civil Division)

A (A Child) [2014] EWCA Civ 871 (26 June 2014)

EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (26 June 2014)

Temur v London Borough of Hackney [2014] EWCA Civ 877 (26 June 2014)

Akhtar v Boland [2014] EWCA Civ 872 (25 June 2014)

Court of Appeal (Criminal Division)

Ashford & Ors v Southampton City Council [2014] EWCA Crim 1244 (25 June 2014)

High Court (Administrative Court)

Sweeney v Westminster Magistrates Court & Anor [2014] EWHC 2068 (Admin) (25 June 2014)

Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2082 (Admin) (25 June 2014)

High Court (Chancery Division)

American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)

Group Seven Ltd & Anor v Allied Investment Corporation Ltd & Ors [2014] EWHC 2046 (Ch) (26 June 2014)

High Court (Patents Court)

Koninklijke Philips Electronics NV v Nintendo of Europe GmbH [2014] EWHC 1959 (Pat) (20 June 2014)

High Court (Queen’s Bench Division)

Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

RMJ v The Secretary of State for the Home Department [2014] EWHC 2048 (QB) (24 June 2014)

Source: www.bailii.org