law reports – Page 108 – Current Awareness

‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

Jafri v Lincoln College – WLR Daily

Posted May 1st, 2014 in appeals, employment, employment tribunals, law reports by sally

Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178

‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily

Posted May 1st, 2014 in contempt of court, crime, law reports, media, Privy Council by sally

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) [2014] UKPC 11; [2014] WLR (D) 179

‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Posted May 1st, 2014 in consumer credit, contracts, EC law, law reports, unfair contract terms by sally

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Hakki v Secretary of State for Work and Pensions & Anor [2014] EWCA Civ 530 (25 April 2014)

High Court (Chancery Division)

Cavendish Corporate Finance LLP v KIMS Property Company Ltd & Anor [2014] EWHC 1282 (Ch) (25 April 2014)

High Court (Administrative Court)

AA & Sons Ltd v Slough Borough Council [2014] EWHC 1127 (Admin) (14 April 2014)

High Court (Technology and Construction Court)

Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar [2014] EWHC 1028 (TCC) (16 April 2014)

Source: www.bailii.org

In re St Lawrence, Wootton – WLR Daily

Posted April 24th, 2014 in ecclesiastical law, law reports, sale of goods by sally

In re St Lawrence, Wootton: [2014] WLR (D) 176

‘Where disposal of church treasures was contemplated would-be petitioners and chancellors should apply a sequential approach, considering first disposal by loan, and only where that was inapposite, disposal by limited sale; and only where that was inapposite, disposal by outright sale. Chancellors merely needed to decide whether the grounds for sale were sufficiently compelling to outweigh the strong presumption against sale. For the future little weight should normally attach to “separation” of the article from the church as a reason for disposal by sale, and it was doubtful that “separation” would ever, on its own, have sufficient strength to justify sale of a church treasure.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Kaneria v Kaneria and others – WLR Daily

Posted April 24th, 2014 in civil procedure rules, law reports, time limits by sally

Kaneria v Kaneria and others: [2014] EWHC 1165 (Ch); [2014] WLR (D) 177

‘An in-time application for extension of time was not to be treated as if it were an application for relief from sanctions, but was to be judged against the overriding objective rather than CPR r 3.9. When dealing with an in-time application, the court was not to give paramount status to the considerations of enforcing compliance with rules, Practice Directions and orders.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 24th, 2014 in law reports by sally

High Court (Administrative Court)

Fox Strategic Land and Property Ltd, R (on the application of) v Chorley Borough Council & Ors [2014] EWHC 1179 (Admin) (17 April 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 22nd, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (QB) (16 April 2014)

High Court (Administrative Court)

AM v Examining Magistrate’s Court No. 4 Murcia, Spain (Rev 2) [2014] EWHC 1113 (Admin) (16 April 2014)

High Court (Family Division)

S (A Child), Re [2014] EWCC B44 (Fam) (16 April 2014)

Source: www.bailii.org

Briggs and others v Gleeds (Head Office) and others – WLR Daily

Posted April 22nd, 2014 in documents, estoppel, execution, law reports, pensions by sally

Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178 (Ch); [2014] WLR (D) 174

‘A representation of law could found an estoppel by representation. Estoppel could not be invoked where a document did not even appear to comply with the requirements of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 on its face or where a document needed to be executed by partners and was stated to be signed, sealed and delivered by each partner but none of those signatures were witnessed. Accordingly members of a pension scheme were not estopped from denying that defective deeds were validly executed.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, law reports, news, planning by sally

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470; [2014] WLR (D) 170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

JP v NP – WLR Daily

Posted April 17th, 2014 in divorce, financial provision, law reports by sally

JP v NP: [2014] EWHC 1101 (Fam); [2014] WLR (D) 172

‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Greenclose Ltd v National Westminster Bank plc – WLR Daily

Posted April 17th, 2014 in banking, contracts, electronic mail, financial regulation, law reports, notification by sally

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch); [2014] WLR (D) 173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by sally

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482; [2014] WLR (D) 171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 17th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014)

Dowling & Ors v Bennett Griffin [2014] EWCA Civ 473 (16 April 2014)

Pitalia & Anor v The National Health Service Commissioning Board [2014] EWCA Civ 474 (16 April 2014)

DB Group Services (UK) Ltd v Revenue And Customs [2014] EWCA Civ 452 (16 April 2014)

Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504 (16 April 2014)

Calvert & Ors v Cruddas [2014] EWCA Civ 476 (16 April 2014)

Jafri v Lincoln College [2014] EWCA Civ 449 (16 April 2014)

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)

Phil & Ted’s Most Excellent Buggy Company Ltd v TFK Trends for Kids GmbH & Ors [2014] EWCA Civ 469 (16 April 2014)

Kazakhstan Kagazy Plc & Ors v Maksat Askaruly Arip [2014] EWCA Civ 381 (16 April 2014)

Court of Appeal (Criminal Division)

Gomes Monteiro & Ors, R v [2014] EWCA Crim 747 (16 April 2014)

High Court (Administrative Court)

O Twelve Baytree Limited, R (On the Application Of) v The Rent Assessment Panel [2014] EWHC 1229 (Admin) (16 April 2014)

Crawford, R (On the Application Of) v The University of Newcastle Upon Tyne [2014] EWHC 1197 (Admin) (16 April 2014)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (Admin) (16 April 2014)

Haroon Aswat, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1216 (Admin) (16 April 2014)

High Court (Chancery Division)

US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd & Ors [2014] EWHC 1189 (Ch) (16 April 2014)

High Court (Commercial Court)

Stein v Chodiev & Ors [2014] EWHC 1201 (Comm) (16 April 2014)

High Court (Queen’s Bench Division)

Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB) (16 April 2014)

Aspinall v Secretary of State for Health [2014] EWHC 1217 (QB) (16 April 2014)

Stephens McBride Piercy Taylor Ltd v McBride [2014] EWHC 1231 (QB) (16 April 2014)

Merlin Financial Consultants Ltd v Cooper [2014] EWHC 1196 (QB) (16 April 2014)

Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB) (16 April 2014)

Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)

NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)

Source: www.bailii.org

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

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by sally

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin); [2014] WLR (D) 167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Posted April 16th, 2014 in anonymity, children, disclosure, human rights, judicial review, law reports, media, privacy, young offenders by sally

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin); [2014] WLR (D) 166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk