law reports – Page 104 – Current Awareness

‘A presumed lost grant from the Crown prior to 1189 of a right of private fishery was to be understood as extending to all such part of the seabed as might from time to time be exposed at low water.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Dawson v Thomson Airways Ltd – WLR Daily

Posted June 25th, 2014 in airlines, carriage by air, compensation, delay, EC law, law reports, limitations by sally

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845; [2014] WLR (D) 279

‘The limitation period applicable to a claim brought in England for compensation for cancellation or delay under articles 5 and 7 of Parliament and Council Regulation (EC) No 261/2004 was the six-year period prescribed by section 9 of the Limitation Act 1980.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another – WLR Daily

Posted June 25th, 2014 in human rights, law reports, prisons, release on licence by sally

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another [2014] EWCA Civ 827; [2014] WLR (D) 278

‘In respect of a prisoner due to be released on licence who was subject to multi-agency public protection arrangements, the policy guidance governing the imposition by the Secretary of State for Justice of additional conditions on the prisoner’s licence did not breach the requirements of procedural fairness or article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and was not inherently unlawful.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) – WLR Daily

Posted June 25th, 2014 in law reports by sally

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) [2014] EWCA Civ 822; [2014] WLR (D) 277

‘Placing a do not attempt cardio-pulmonary resuscitation (“DNACPR”) notice on a patient’s hospital notes engaged her rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and there was a presumption in favour of the patient’s involvement through consultation in such a decision, since it would potentially deprive the patient of life-saving treatment. Such a duty to consult also arose at common law.’

WLR Daily, 17th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 25th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Tracey, R (On the Application Of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 822 (17 June 2014)

Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

Europa Oil And Gas Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWCA Civ 825 (19 June 2014)

Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor [2014] EWCA Civ 827 (19 June 2014)

GMGRM North Ltd & Ors, R (On the Application Of) v Ritchie (Revenue And Customs) & Anor [2014] EWCA Civ 844 (19 June 2014)

Beech & Anor v Birmingham City Council [2014] EWCA Civ 830 (17 June 2014)

Monfared v Chartered Society of Physiotherapy [2014] EWCA Civ 828 (19 June 2014)

B (A Child) [2014] EWCA Civ 843 (20 June 2014)

High Court (Queen’s Bench Division)

Durrheim & Ors v Ministry of Defence [2014] EWHC 1960 (QB) (13 June 2014)

Wamala v The Home Office & Anor [2014] EWHC 2039 (QB) (20 June 2014)

Family Court Decisions (other Judges)

P (A Child: Assessment of Kinship Carers) [2014] EWFC B73 (16 June 2014)

High Court (Technology and Construction Court)

Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd & Ors [2014] EWHC 2016 (TCC) (24 June 2014)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & 16 Ors [2014] EWHC 2019 (Comm) (24 June 2014)

Newland Shipping And Forwarding Limited v Toba Trading Fzc Seyed Majed Taheri Hossein Rahbarian [2014] EWHC 1986 (Comm) (18 June 2014)

A Ltd v B Ltd [2014] EWHC 1870 (Comm) (11 June 2014)

Source: www.bailii.org

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Karen Millen Fashions Ltd v Dunnes Stores and others – WLR Daily

Posted June 24th, 2014 in Community designs, EC law, intellectual property, law reports, regulations by sally

Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273

‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Sanger and another v Newham London Borough Council – WLR Daily

Posted June 24th, 2014 in enforcement, law reports, local government, planning by sally

Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269

‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Posted June 24th, 2014 in appeals, cautions, criminal records, disclosure, employment, human rights, law reports, police, privacy, Supreme Court, ultra vires by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Posted June 24th, 2014 in budgets, case management, civil procedure rules, costs, drafting, law reports, legal representation by sally

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘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

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners; Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted June 20th, 2014 in customs and excise, fraud, judicial review, law reports, search & seizure, taxation by sally

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners: Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners: [2014] UKSC 34; [2014] WLR (D) 262

‘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 – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

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 – WLR Daily

Posted June 20th, 2014 in appeals, disclosure, evidence, forensic science, law reports, murder, Supreme Court by sally

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

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily

Posted June 20th, 2014 in EC law, human rights, immigration, judicial review, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another: [2014] EWHC 1840 (Admin); [2014] WLR (D) 266

‘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 – WLR Daily

Posted June 20th, 2014 in appeals, bankruptcy, civil procedure rules, cross-examination, law reports by sally

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

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same – WLR Daily

Posted June 20th, 2014 in asylum, law reports, refugees, Sri Lanka by sally

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same: [2014] EWCA Civ 829; [2014] WLR (D) 268

‘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