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

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

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

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

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

BAILII: Recent Decisions

Posted May 21st, 2014 in law reports by sally

Court of Appeal (Civil Division)

O’Connell v Rollings & Ors (Administrators of Musion Systems Ltd) [2014] EWCA Civ 639 (21 May 2014)

Darby & Darby (A Firm) v Joyce [2014] EWCA Civ 677 (20 May 2014)

Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors v Mayor’s Office for Policing and Crime [2014] EWCA Civ 682 (20 May 2014)

Hines v London Borough of Lambeth [2014] EWCA Civ 660 (20 May 2014)

Northumbrian Water Ltd v McAlpine Ltd [2014] EWCA Civ 685 (20 May 2014)

SA (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 683 (20 May 2014)

Court of Appeal (Criminal Division)

Liverpool & Anor v R. [2014] EWCA Crim 1001 (20 May 2014)

Family Court Decisions (other Judges)

D (Children) [2014] EWFC B57 (20 May 2014)

High Court (Administrative Court)

Bar Standards Board, R (on the application of) v Disciplinary Tribunal of the Council of the Inns of Court & Anor [2014] EWHC 1570 (Admin) (16 May 2014)

High Court (Queen’s Bench Division)

AVB v TDD [2014] EWHC 1663 (QB) (20 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 20th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Swarovski-Optik Kg v Leica Camera Ag & Anor [2014] EWCA Civ 637 (15 May 2014)

G (a child), Re [2014] EWCA Civ 680 (19 May 2014)

London Borough of Newham v Ali & Ors [2014] EWCA Civ 676 (19 May 2014)

Hallam Estates Ltd & Anor v Baker [2014] EWCA Civ 661 (19 May 2014)

High Court (Queen’s Bench Division)

Ashton & Ors v The Ministry of Justice [2014] EWHC 1624 (QB) (16 May 2014)

High Court (Chancery Division)

Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 1553 (Ch) (19 May 2014)

Feld v The Secretary of State for Business, Innovation And Skills [2014] EWHC 1383 (Ch) (08 May 2014)

Lindum Construction Co Ltd & Ors v The Office of Fair Trading (OFT) [2014] EWHC 1613 (Ch) (19 May 2014)

Family Court Decisions (other Judges)

H (Revocation of Placement Order) [2014] EWFC B56 (16 May 2014)

Source: www.bailii.org

In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted May 19th, 2014 in law reports by sally

High Court (Administrative Court)

Teshome v The Lord President of the Council [2014] EWHC 1468 (Admin) (14 May 2014)

Osawemwenze, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1564 (Admin) (14 May 2014)

Heesom v Public Services Ombudsman for Wales [2014] EWHC 1504 (Admin) (15 May 2014)

Benjamin & Anor, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1396 (Admin) (15 May 2014)

The Government of Ghana v Gambrah & Anor [2014] EWHC 1569 (Admin) (16 May 2014)

LV, R (On the Application Of) v Secretary of State for Justice & Anor [2014] EWHC 1495 (Admin) (15 May 2014)

High Court (Family Division)

Chai v Peng [2014] EWHC 1519 (Fam) (01 May 2014)

Family Court Decisions (other Judges)

L & CA (Children) [2014] EWFC B53 (13 May 2014)

C (Revocation of Care Order) [2014] EWFC B55 (30 April 2014)

A & C (Children) [2014] EWFC B54 (01 May 2014)

High Court (Technology and Construction Court)

Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd [2014] EWHC 1533 (TCC) (15 May 2014)

High Court (Commercial Court)

Brockton Capital Llp v Atlantic-Pacific Capital Inc [2014] EWHC 1459 (Comm) (07 May 2014)

Sun United Maritime Ltd v Kasteli Marine Inc [2014] EWHC 1476 (Comm) (14 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 17th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

AS v R. [2014] EWCA Crim 927 (14 May 2014)

Attorney General Reference No 16 of 2014 [2014] EWCA Crim 956 (07 May 2014)

Court of Appeal (Civil Division)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 576 (14 May 2014)

Lakatamia Shipping Company Ltd v Su & Ors [2014] EWCA Civ 636 (14 May 2014)

JSC BTA Bank v (Ablyazov & Ors [2014] EWCA Civ 602 (14 May 2014)

Bank St Petersburg Ojsc & Anor v Arkhangelsky & Ors (Rev 1) [2014] EWCA Civ 593 (14 May 2014)

Thompson v James [2014] EWCA Civ 600 (14 May 2014)

Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] EWCA Civ 603 (14 May 2014)

Burry & Knight Ltd & Anor v Knight [2014] EWCA Civ 604 (14 May 2014)

Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652 (15 May 2014)

Stoute v LTA Operations Ltd (t/a Lawn Tennis Association) [2014] EWCA Civ 657 (15 May 2014)

DA (Iran), R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 654 (15 May 2014)

AE (Algeria) v Secretary of State for the Home Department [2014] EWCA Civ 653 (15 May 2014)

High Court (Queen’s Bench Division)

Wissa v Associated Newspapers Ltd [2014] EWHC 1518 (QB) (14 May 2014)

Groves v Studley [2014] EWHC 1522 (QB) (14 May 2014)

Cutting v Islam [2014] EWHC 1515 (QB) (14 May 2014)

Bright v Motor Insurers’ Bureau [2014] EWHC 1557 (QB) (15 May 2014)

High Court (Chancery Division)

Twentieth Century Fox Film Corporation & Ors v Harris & Ors [2014] EWHC 1568 (Ch) (16 May 2014)

Hannon & Anor v News Group Newspapers Ltd & Anor [2014] EWHC 1580 (Ch) (16 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 17th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Global Vision College Ltd, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 659 (15 May 2014)

Surrey County Council v S [2014] EWCA Civ 601 (15 May 2014)

Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634 (14 May 2014)

High Court (Queen’s Bench Division)

SPA v TAS [2014] EWHC 1512 (QB) (14 May 2014)

Finglands Coachways Ltd v O’Hare [2014] EWHC 1513 (QB) (14 May 2014)

AB v Regional Court In Poznan, Poland [2014] EWHC 1560 (QB) (15 May 2014)

High Court (Chancery Division)

Gabb v Earthly Energy Ltd [2014] EWHC 1576 (Ch) (02 May 2014)

High Court (Administrative Court)

W & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1532 (Admin) (15 May 2014)

Bar Standards Board, R (on the application of) v Disciplinary Tribunal of the Council of the Inns of Court & Anor [2014] EWHC 1570 (Admin) (16 May 2014)

Harrogate Borough Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 1506 (Admin) (13 May 2014)

High Court (Technology and Construction Court)

Travis Perkins Trading Company Ltd v Caerphilly County Borough Council [2014] EWHC 1498 (TCC) (15 May 2014)

Family Court Decisions (High Court Judges)

L v C (Applications by non-biological mother) [2014] EWFC 1 (02 May 2014)

Solovyev v Solovyeva [2014] EWFC 1546 (15 May 2014)

High Court (Patents Court)

Actavis UK Ltd & Ors v Eli Lilly & Company [2014] EWHC 1511 (Pat) (15 May 2014)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 1559 (Pat) (15 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 15th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634 (14 May 2014)

Lakatamia Shipping Company Ltd v Su & Ors [2014] EWCA Civ 636 (14 May 2014)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 576 (14 May 2014)

Court of Appeal (Criminal Division)

Sandhu v R. [2014] EWCA Crim 927 (14 May 2014)

High Court (Administrative Court)

Teshome v The Lord President of the Council [2014] EWHC 1468 (Admin) (14 May 2014)

Osawemwenze, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1564 (Admin) (14 May 2014)

High Court (Commercial Court)

Sun United Maritime Ltd v Kasteli Marine Inc [2014] EWHC 1476 (Comm) (14 May 2014)

High Court (Family Division)

Chai v Peng [2014] EWHC 1519 (Fam) (01 May 2014)

High Court (Queen’s Bench Division)

SPA v TAS [2014] EWHC 1512 (QB) (14 May 2014)

Groves v Studley [2014] EWHC 1522 (QB) (14 May 2014)

Wissa v Associated Newspapers Ltd [2014] EWHC 1518 (QB) (14 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 14th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S (Children, W & T), Re [2014] EWCA Civ 638 (14 May 2014)

JKX Oil & Gas Plc & Ors v Eclairs Group Ltd [2014] EWCA Civ 640 (13 May 2014)

High Court (Administrative Court)

Waryoba, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1496 (Admin) (13 May 2014)

High Court (Chancery Division)

The Registrar of Companies v Swarbrick & Ors (Administrators of Gardenprime Ltd) [2014] EWHC 1466 (Ch) (13 May 2014)

Source: www.bailii.org