law reports – Page 106 – Current Awareness

Newham London Borough Council v Ali and others – WLR Daily

Posted May 29th, 2014 in appeals, injunctions, law reports, local government, planning by michael

Newham London Borough Council v Ali and others [2014] EWCA Civ 676; [2014] WLR (D) 223

‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) – WLR Daily

Posted May 29th, 2014 in appeals, employment, law firms, law reports, limited liability partnerships, partnerships, whistleblowers by michael

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32; [2014] WLR (D) 222

‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Clayton & Anor v R [2014] EWCA Crim 1030 (23 May 2014)

Court of Appeal (Civil Division)

Birmingham Hippodrome Theatre Trust Ltd v Revenue And Customs [2014] EWCA Civ 684 (22 May 2014)

Hone & Ors v Abbey Forwarding Ltd & Anor [2014] EWCA Civ 711 (23 May 2014)

Collins v Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 (23 May 2014)

Dar Al Arkan Real Estate Development Co & Anor v Al Refai & Ors [2014] EWCA Civ 715 (23 May 2014)

C (N, W & H), Re [2014] EWCA Civ 705 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWCA Civ 708 (23 May 2014)

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716 (23 May 2014)

High Court (Chancery Division)

Contrarian Funds Llc v Lomas & Ors [2014] EWHC 1687 (Ch) (23 May 2014)

High Court (Queen’s Bench Division)

Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice & Ors [2014] EWHC 1662 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

High Court (Administrative Court)

Jones, R (on the application of) v Judicial Appointments Commission [2014] EWHC 1680 (Admin) (23 May 2014)

Revenue And Customs, R (On the Application Of) v HM Coroner for the City of Liverpool [2014] EWHC 1586 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

X (A Child) (care and placement orders) [2014] EWFC B59 (09 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) (23 May 2014)

High Court (Commercial Court)

BM Amro Commercial Finance Plc v McGinn & Ors [2014] EWHC 1674 (Comm) (23 May 2014)

High Court (Patents Court)

Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) (23 May 2014)

Source: www.bailii.org

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Posted May 28th, 2014 in disclosure, law firms, law reports, limited liability partnerships, whistleblowers by sally

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted May 23rd, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Welsh & Ors v R [2014] EWCA Crim 1027 (21 May 2014)

Crawley & Ors, R. v [2014] EWCA Crim 1028 (21 May 2014)

High Court (Administrative Court)

Allensway Recycling Ltd & Ors v The Environment Agency [2014] EWHC 1638 (Admin) (21 May 2014)

Fernando v General Medical Council [2014] EWHC 1664 (Admin) (21 May 2014)

Newby Foods Ltd, R (on the application of) v Food Standards Agency & Anor [2014] EWHC 1492 (Admin) (21 May 2014)

The Royal Society for the Protection of Birds v Secretary of State for Environment Food and Rural Affairs [2014] EWHC 1645 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

An NHS Foundation Hospital v P [2014] EWHC 1650 (Fam) (20 May 2014)

M, Re [2014] EWFC B58 (22 April 2014)

High Court (Family Division)

North Somerset Council v LW & Ors [2014] EWHC 1670 (Fam) (21 May 2014)

High Court (Commercial Court)

Fulton Shipping Inc of Panama v Globalia Business Travel S.A.U. (formerly Travelplan S.A.U) of Spain [2014] EWHC 1547 (Comm) (21 May 2014)

High Court (Patents Court)

Generics (UK) Ltd (t/a Mylan) v Richter Gedeon Vegyeszeti Gyar RT [2014] EWHC 1666 (Pat) (22 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 23rd, 2014 in law reports by sally

Supreme Court

Clyde & Co LLP & Anor v van Winklehof (Rev 1) [2014] UKSC 32 (21 May 2014)

Court of Appeal (Criminal Division)

Blackman, R. v [2014] EWCA Crim 1029 (22 May 2014)

Court of Appeal (Civil Division)

M T Højgaard A/S v E.ON Climate And Renewables UK Robin Rigg East Ltd & Anor [2014] EWCA Civ 710 (22 May 2014)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWCA Civ 707 (22 May 2014)

Wiltshire Council, R (On the Application Of) v Hertfordshire County Council [2014] EWCA Civ 712 (22 May 2014)

Pathania v Adedeji & Ors [2014] EWCA Civ 681 (21 May 2014)

Spaul v Spaul & Anor [2014] EWCA Civ 679 (21 May 2014)

MWA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 706 (21 May 2014)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 678 (21 May 2014)

JG v The Lord Chancellor & Ors [2014] EWCA Civ 656 (21 May 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 703 (21 May 2014)

Price v Price [2014] EWCA Civ 655 (21 May 2014)

Raleys Solicitors v Barnaby [2014] EWCA Civ 686 (21 May 2014)

High Court (Queen’s Bench Division)

Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QB) (22 May 2014)

Groarke v Fontaine [2014] EWHC 1676 (QB) (22 May 2014)

High Court (Chancery Division)

Goldtrail Travel Ltd v Aydin & Ors [2014] EWHC 1587 (Ch) (22 May 2014)

High Court (Administrative Court)

Clayton v Army Board of the Defence Council & Anor [2014] EWHC 1651 (Admin) (22 May 2014)

Rahman, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1640 (Admin) (22 May 2014)

Blue Bio Pharmaceuticals Ltd & Anor, R (On the Application Of) v Secretary of State for Health (MHRA) [2014] EWHC 1679 (Admin) (22 May 2014)

High Court (Commercial Court)

PEC Ltd v Asia Golden Rice Company Ltd [2014] EWHC 1583 (Comm) (20 May 2014)

QOGT Inc v International Oil & Gas Technology Ltd [2014] EWHC 1628 (Comm) (22 May 2014)

Virgin Atlantic Airways Ltd v K.I. Holdings Co. Ltd & Anor [2014] EWHC 1671 (Comm) (22 May 2014)

Terminal Contenitori Porto Di Genova Spa v China Shipping Container Lines Ltd [2014] EWHC 1629 (Comm) (22 May 2014)

Diag Human Se v Czech Republic [2014] EWHC 1639 (Comm) (22 May 2014)

Source: www.bailii.org

Isaac Stoute v LTA Operations Ltd (trading as Lawn Tennis Association) – WLR Daily

Posted May 22nd, 2014 in civil procedure rules, documents, law reports, service by sally

Isaac Stoute v LTA Operations Ltd (trading as Lawn Tennis Association) [2014] EWCA Civ 657; [2014] WLR (D) 212

‘Postal service of a claim form by the court in disregard of the claimant’s request to return the claim form to him so that he could serve it personally, in breach of CPR r 6.4(1)(b), was an “error of procedure”, within rule 3.10, and so did not invalidate service.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

In re S (Children) (Care Proceedings: Fact-finding Hearings) – WLR Daily

Posted May 22nd, 2014 in appeals, care orders, case management, children, law reports by sally

In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217

‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Lakatamia Shipping Co Ltd v Su and others – WLR Daily

Posted May 22nd, 2014 in appeals, assets recovery, freezing injunctions, injunctions, law reports by sally

Lakatamia Shipping Co Ltd v Su and others [2014] EWCA Civ 636; [2014] WLR (D) 216

‘The assets of a company whose shares were entirely owned by a defendant to a standard form freezing order were not assets of the defendant, for the purposes of the order. However, since such a freezing order restrained the defendant from diminishing the value of any of his assets, which included his shareholding in such a company, it would restrain him from procuring the company to make a disposition of its assets likely to result in such a diminution.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Bone v North Essex Partnership NHS Foundation Trust – WLR Daily

Posted May 22nd, 2014 in appeals, employment tribunals, jurisdiction, law reports, trade unions by sally

Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652; [2014] WLR (D) 214

‘It was not necessary in a claim for detriment under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the independence of the relevant trade union to be established in order for an employment tribunal to have jurisdiction.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 22nd, 2014 in appeals, banking, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Regina (Best) v Chief Land Registrar – WLR Daily

Posted May 22nd, 2014 in adverse possession, crime, land registration, law reports, squatting by sally

Regina (Best) v Chief Land Registrar [2014] EWHC 1370 (Admin); [2014] WLR (D) 211

‘The criminalisation of people who were trespassers through living in a relevant residential building by pursuant to section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had not prevented time running for applications for registration of title by adverse possession.’

WLR Daily, 7th May 2014

Source: www.iclr.co.uk

Church Comrs for England v Hampshire County Council – WLR Daily

Posted May 22nd, 2014 in appeals, commons, land registration, law reports, local government, rectification, regulations by sally

Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207

‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

Posted May 21st, 2014 in care orders, child abduction, children, custody, EC law, interpretation, law reports, Northern Ireland, Supreme Court by sally

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 21st, 2014 in appeals, enforcement, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another: Arkhangelsky and others v Bank St Petersburg OJSC and another: [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by sally

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

Posted May 21st, 2014 in appeals, children, consent, custody, EC law, families, jurisdiction, law reports, stay of proceedings by sally

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk