‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘The Secretary of State for Justice had not discriminated, directly or indirectly, in the performance of his functions of providing approved premises for women released from prison on licence.’
WLR daily 19th December 2013
Source: www.iclr.co.uk
‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
Supreme Court
Court of Appeal (Civil Division)
Tan v Choy [2014] EWCA Civ 251 (19 March 2014)
High Court (Chancery Division)
Apex Global Management Ltd & Anor v FI Call Ltd & Ors [2014] EWHC 779 (Ch) (19 March 2014)
High Court (Queen’s Bench Division)
Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors [2014] EWHC 692 (QB) (19 March 2014)
Source: www.bailii.org
Court of Appeal (Civil Division)
Erimus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd & Ors [2014] EWCA Civ 303 (18 March 2014)
Anselm v Buckle [2014] EWCA Civ 311 (18 March 2014)
Jones & Anor v First Greater Western Ltd [2014] EWCA Civ 301 (18 March 2014)
Court of Appeal (Criminal Division)
Umerji, R v [2014] EWCA Crim 421 (18 March 2014)
Dent, R v [2014] EWCA Crim 457 (18 March 2014)
High Court (Administrative Court)
Zurich Assurance Ltd v Winchester
City Council & Anor [2014] EWHC 758 (Admin) (18 March 2014)
High Court (Family Division)
Bhura v Bhura [2014] EWHC 727 (Fam) (18 March 2014)
High Court (Queen’s Bench Division)
Allen & Ors v Depuy International Ltd [2014] EWHC 753 (QB) (18 March 2014)
Abbas v Yousuf & Anor [2014] EWHC 662 (QB) (18 March 2014)
White v Express Newspapers [2014] EWHC 657 (QB) (18 March 2014)
Fynes v St George’s Hospital NHS Trust [2014] EWHC 756 (QB) (18 March 2014)
Source: www.bailii.org
‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’
WLR Daily, 11th March 2014
Source: www.iclr.co.uk
‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131
‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Ahmed & Anor v Mustafa [2014] EWCA Civ 277 (17 March 2014)
M-M (A Child), Re [2014] EWCA Civ 276 (17 March 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)
Source: www.bailii.org
Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D) 129
‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
‘Clause 4(1) of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, precluded a national rule which provided that for the termination of fixed-term contracts of more than six months, a fixed notice period of two weeks would be applied regardless of the length of service of the worker concerned, whereas the length of the notice period for contracts of indefinite duration was fixed in accordance with the length of service of the worker concerned and could vary from two weeks to three months, where those two categories of workers were in comparable situations.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12; [2014] WLR (D) 130
‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281 (14 March 2014)
Court of Appeal (Criminal Division)
Holmes, R v [2014] EWCA Crim 420 (14 March 2014)
High Court (Chancery Division)
Lehman Brothers International (Europe) & Ors, Re [2014] EWHC 704 (Ch) (14 March 2014)
Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 695 (Ch) (14 March 2014)
High Court (Commercial Court)
IPCO (Nigeria) LTD v Nigerian National Petroleum Corporation [2014] EWHC 576 (Comm) (14 March 2014)
Energy Venture Partners Ltd v Malabu Oil & Gas Ltd [2014] EWHC 663 (Comm) (14 March 2014)
High Court (Family Division)
Z (A Child: Independent Social Work Assessment), Re [2014] EWHC 729 (Fam) (14 March 2014)
Source: www.bailii.org
‘On the hearing of an application by a police officer for a production order under section 9 of, and Schedule 1 to, the Police and Criminal Evidence Act 1984, seeking access to journalistic material held by a news organisation for the purposes of an investigation into an alleged offence, the court could not have regard to evidence adduced by the police in support of the application which had not been disclosed to the news organisation.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Regina v Elsayed; [2014] EWCA Crim 333; [2014] WLR (D) 125
‘For the purposes of confiscation proceedings the market value of drugs might vary depending for example on the time at which the drugs were obtained or the capacity or role of the person obtaining them and a judge was entitled to make findings of fact as to what a defendant would do with those drugs, ie sell them as a dealer at street level. Such findings of fact necessarily bore on the value of the property obtained by the defendant.’
WLR Daily, 4th March 2014
Source: www.iclr.co.uk
Regina (Evans) v Attorney General; [2014] EWCA Civ 254; [2014] WLR (D) 124
‘The issue of a certificate by the Attorney General, an accountable person under the Freedom of Information Act 2000, of a certificate under section 53(2) of the Act so as to override and render ineffective a decision of an independent and impartial tribunal required more than that he merely disagreed with the tribunal’s determination. Examples of what would suffice were that there had been a material change of circumstances since the tribunal’s decision or that it was clearly flawed in fact or in law.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18; [2014] WLR (D) 122
‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Onu v Akwiwu & Anor [2014] EWCA Civ 279 (13 March 2014)
Gohil v Gohil [2014] EWCA Civ 274 (13 March 2014)
Simon v Byford & Ors [2014] EWCA Civ 280 (13 March 2014)
F (A Child), Re [2014] EWCA Civ 275 (13 March 2014)
SE (Zimbabwe) v The Secrtary of State for the Home Department [2014] EWCA Civ 256 (13 March 2014)
Hoyle v Rogers & Anor [2014] EWCA Civ 257 (13 March 2014)
High Court (Administrative Court)
Director of Public Prosecutions v Issler & Anor [2014] EWHC 669 (Admin) (12 March 2014)
High Court (Patents Court)
Kennametal Inc v Pramet Tools SRO & Anor [2014] EWHC 565 (Pat) (05 March 2014)
High Court (Queen’s Bench Division)
Lu v Nottingham University Hospitals NHS Trust [2014] EWHC 690 (QB) (13 March 2014)
Source: www.legislation.gov.uk
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