law reports – Page 105 – Current Awareness

‘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 – WLR Daily

Posted June 19th, 2014 in appeals, homelessness, housing, law reports, local government by sally

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 v Langley – WLR Daily

Posted June 19th, 2014 in crime, disqualification, driving licences, firearms, law reports, sentencing by sally

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 – WLR Daily

Posted June 19th, 2014 in aircraft, appeals, compensation, delay, EC law, law reports by sally

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 – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

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

BAILII: Recent Decisions

Posted June 18th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Houchin v Lincolnshire Probation Trust [2014] EWCA Civ 823 (18 June 2014)

MP (Sri Lanka) & Anor v Secretary of State for the Home Department [2014] EWCA Civ 829 (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)

Patterson (The Trustee In Bankruptcy of George Spencer) v Spencer & Ors [2014] EWHC 1878 (Ch) (17 June 2014)

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)

Pemberton International Ltd v London Borough of Lambeth & Anor [2014] EWHC 1998 (Admin) (18 June 2014)

Cente Sheikh Noor Mohammed, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1898 (Admin) (17 June 2014)

SN, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1974 (Admin) (17 June 2014)

The Forge Field Society & Ors, R (On the Application Of) v Sevenoaks District Council [2014] EWHC 1895 (Admin) (12 June 2014)

Grand Union Investments Ltd v Dacorum Borough Council [2014] EWHC 1894 (Admin) (12 June 2014)

World Society for the Protection of Animals v Welsh Ministers & Ors [2014] EWHC 1896 (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)

OP, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 1944 (Admin) (13 June 2014)

ZYN, R (On the Application Of) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin) (12 June 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 18th, 2014 in law reports by sally

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)

Nunn, R (on the application of) v Chief Constable of Suffolk Constabulary & Anor [2014] UKSC 37 (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

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) – Supreme Court

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, judicial review, law reports, murder, Supreme Court by sally

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) [2014] UKSC 37 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, criminal records, disclosure, employment, human rights, law reports, privacy, Supreme Court, ultra vires by sally

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted June 17th, 2014 in law reports by sally

Supreme Court

Eastenders Cash and Carry plc & Ors, R (On the application of) v Revenue and Customs [2014] UKSC 34 (11 June 2014)

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)

Martrade Shipping & Transport GmbH v United Enterprises Corporation [2014] EWHC 1884 (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

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

Posted June 13th, 2014 in customs and excise, fraud, judicial review, law reports, search & seizure, taxation by sally

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court

Posted June 13th, 2014 in law reports, Sikhism, succession, trusts by sally

Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Harb v Prince Fahd Bin Abdul Aziz – WLR Daily

Posted June 13th, 2014 in law reports, state immunity, succession by sally

Harb v Prince Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch); [2014] WLR (D) 248

‘A former head of state, regardless of how he ceased to hold office, only enjoyed immunity from suit in respect of official acts during his tenure in post. Therefore, where a sovereign ceased to be head of state on his death, the immunity enjoyed by his estate did not extend to matters of a private nature.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Posted June 13th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, law reports, news, personal injuries, uninsured drivers by sally

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Scotland and another v British Credit Trust Ltd – WLR Daily

Posted June 13th, 2014 in agency, consumer credit, insurance, law reports, unfair commercial practices by sally

Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252

‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’

WLR Daily, 10th June 2014

Source: www.iclr.co.uk

Regina v Bina – WLR Daily

Posted June 13th, 2014 in assisting offenders, asylum, conspiracy, immigration, law reports, proceeds of crime by sally

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

Regina (Grace) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk