‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264
‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265
‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Hayes v Hayes: [2014] WLR (D) 267
‘Cross-examination was not appropriate on the hearing of a bankruptcy petition. The appeal court should be slow to depart from the regular practice of registrars, which was to decide such hearings without cross-examination. The insolvency court was not a suitable forum for the trying of disputes.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)
Monfared v Chartered Society of Physiotherapy [2014] EWCA Civ 828 (19 June 2014)
Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)
Family Court Decisions (other Judges)
P (A Child: Assessment of Kinship Carers) [2014] EWFC B73 (16 June 2014)
High Court (Chancery Division)
Kaur v Dhaliwal & Anor [2014] EXHC 1991 (Ch) (17 June 2014)
High Court (Commercial Court)
Grizzly Business Ltd v Stena Drilling Ltd & Anor [2014] EWHC 1920 (Comm) (13 June 2014)
High Court (Family Division)
Z (Children), Re [2014] EWHC 1999 (Fam) (18 June 2014)
High Court (Technology and Construction Court)
Americhem Europe Ltd v Rakem Ltd [2014] EWHC 1881 (TCC) (13 June 2014)
Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)
Source: www.bailii.org
In re ZZ (Children) [2014] EWFC 9; [2014] WLR (D) 256
‘The court’s approach to a review fact-finding hearing applied whether the issue arose before the same judge or a different judge, whether in the same or different proceedings, and whether in relation to the same or different children; different approaches were not called for in different forensic contexts although the application of the general approach in any particular case would reflect the circumstances of that case.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257
‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255
‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Regina v Langley [2014] WLR (D) 238
‘Older authorities on sentencing had to be considered in the light of the requirement in section 125 of the Coroners and Justice Act 2009 that definitive sentencing guidelines had to be followed. Further, the power in section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 to impose a disqualification from driving was exercisable in relation to a conspiracy to rob where the defendant was the getaway driver.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Huzar v Jet2.com Ltd [2014] EWCA Civ 791; [2014] WLR (D) 239
‘A technical problem in an aircraft which could properly be described as the result of usual wear and tear did not constitute “extraordinary circumstances” within the meaning of article 5(3) of Parliament and Council Regulation (EC) No 261/2004 such as to exempt the carrier from the obligation to compensate passengers for delay, notwithstanding that the problem neither had been discovered nor was discoverable by a reasonable regime of maintenance and inspection.
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254
‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Houchin v Lincolnshire Probation Trust [2014] EWCA Civ 823 (18 June 2014)
High Court (Queen’s Bench Division)
NHS Commissioning Board v Bargain Dentist.Com [2014] EWHC 1994 (QB) (18 June 2014)
AB v A Chief Constable [2014] EWHC 1965 (QB) (16 June 2014)
F-D v The Children And Family Court Advisory Service [2014] EWHC 1619 (QB) (11 June 2014)
High Court (Chancery Division)
Energenics Holdings Pte. Ltd & Anor v Hazarika [2014] EWHC 1845 (Ch) (13 June 2014)
Total Ltd v YouView TV Ltd [2014] EWHC 1963 (Ch) (16 June 2014)
High Court (Administrative Court)
Monibi v General Dental Council [2014] EWHC 1911 (Admin) (18 June 2014)
Grand Union Investments Ltd v Dacorum Borough Council [2014] EWHC 1894 (Admin) (12 June 2014)
Sanger & Anor v London Borough of Newham [2014] EWHC 1922 (Admin) (12 June 2014)
Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin) (13 June 2014)
Source: www.bailii.org
Supreme Court
T & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2014] UKSC 35 (18 June 2014)
Ahmad, R. v [2014] UKSC 36 (18 June 2014)
Court of Appeal (Criminal Division)
Docherty, R v [2014] EWCA Crim 1197 (18 June 2014)
Richards & Anor, R v [2014] EWCA Crim 1196 (17 June 2014)
Okedare, R v [2014] EWCA Crim 1173 (15 May 2014)
Guardian News And Media Ltd v AB & CD [2014] EWCA Crim (B1) (12 June 2014)
Court of Appeal (Civil Division)
MI & Anor v Secretary of State for the Home Department [2014] EWCA Civ 826 (18 June 2014)
F (A Child), Re [2014] EWCA Civ 789 (12 June 2014)
Haile v London Borough of Waltham Forest [2014] EWCA Civ 792 (13 June 2014)
Olympic Airlines SA v ACG Acquisition XX LLC [2014] EWCA Civ 821 (17 June 2014)
Sibir Energy Ltd & Ors v Slocom Trading Ltd & Ors [2014] EWCA Civ 831 (17 June 2014)
Source: www.bailii.org
Supreme Court, 18th June 2014
Supreme Court, 18th June 2014
Supreme Court, 18th June 2014
Supreme Court
Shergill & Ors v Khaira & Ors [2014] UKSC 33 (11 June 2014)
High Court (Chancery Division)
Achom & Ors v Lalic & Ors [2014] EWHC 1888 (Ch) (10 June 2014)
Apcoa Parking (UK) Ltd & Ors, Re [2014] EWHC 997 (Ch) (26 March 2014)
National Westminster Bank Plc v Lucas & Ors [2013] EWHC 770 (Ch) (20 February 2013)
High Court (Administrative Court)
Parmer v Secretary of State for the Home Department [2014] EWHC 1204 (Admin) (27 January 2014)
High Court (Technology and Construction Court)
Frontier Systems Ltd (t/a Voiceflex) v Frip Finishing Ltd [2014] EWHC 1907 (TCC) (10 June 2014)
High Court (Commercial Court)
BMIC Ltd v Chinnakannan Sivasankaran Siva Ltd [2014] EWHC 1880 (Comm) (12 June 2014)
Family Court Decisions (other Judges)
A, B and C (care and placement orders) [2014] EWFC B71 (04 June 2014)
LC v RRL & Ors [2014] EWFC 8 (16 May 2014)
Leicester City Council v Chhatbar [2014 EWFC B71 (02 June 2014)
Source: www.bailii.org
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