law reports – Page 107 – Current Awareness

‘A proposed cross-border merger where the shareholders in the transferor company had agreed not to receive shares or other securities in the transferee would be compliant with and effective under the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974).’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Posted May 8th, 2014 in abuse of process, appeals, control orders, law reports, reasons, stay of proceedings, terrorism prevention & investigation measures by sally

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014

Source: www.iclr.co.uk

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel – WLR Daily

Posted May 8th, 2014 in jurisdiction, landlord & tenant, law reports, leases, tribunals by sally

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185

‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 8th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Ahmed v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 566 (07 May 2014)

RB v Brighton & Hove City Council [2014] EWCA Civ 561 (07 May 2014)

HH (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 569 (07 May 2014)

AW Group Ltd v Taylor Walton (a firm) [2014] EWCA Civ 592 (07 May 2014)

Webster & Ors v Mark Liddington & Ors [2014] EWCA Civ 560 (07 May 2014)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Tinkler & Anor v Elliott [2014] EWCA Civ 564 (07 May 2014)

Davies & Anor v Davies [2014] EWCA Civ 568 (07 May 2014)

High Court (Administrative Court)

Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (07 May 2014)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin) (07 May 2014)

High Court (Chancery Division)

FSS Pension Trustees Ltd v The Board of the Pension Protection Fund [2014] EWHC 1397 (Ch) (07 May 2014)

High Court (Commercial Court)

American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014)

Kaneria v The English & Wales Cricket Board Ltd [2014] EWHC 1348 (Comm) (06 May 2014)

High Court (Queen’s Bench Division)

Mughal v Telegraph Media Group Ltd [2014] EWHC 1371 (QB) (07 May 2014)

Source: www.bailii.org

Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by sally

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

Posted May 6th, 2014 in appeals, child abduction, children, custody, law reports, mental health, parental rights by sally

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk