Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144
A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145
‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘In an application for a declaration of invalidity of a Community trade mark, where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) was called upon to take account of the national law of the member state in which protection was given to an earlier mark on which the application was based, OHIM had to, of its own motion and by whatever means considered appropriate, obtain information about that national law, where such information was necessary for the purposes of assessing the applicability of a ground for invalidity relied on before it and of assessing the accuracy of the facts adduced or the probative value of the documents submitted.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147
‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB); [2014] WLR (D) 142
‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’
WLR Daily, 17th March 2014
Source: www.iclr.co.uk
Supreme Court
Durkin v DSG Retail Ltd & Anor [2014] UKSC 21 (26 March 2014)
Kennedy v The Charity Commission [2014] UKSC 20 (26 March 2014)
Court of Appeal (Civil Division)
N v N [2014] EWCA Civ 314 (26 March 2014)
D (A Child) [2014] EWCA Civ 315 (26 March 2014)
Farah v London Borough of Hillingdon [2014] EWCA Civ 359 (26 March 2014)
Zurich Insurance Plc v Umerji [2014] EWCA Civ 357 (25 March 2014)
G (Children), Re [2014] EWCA Civ 336 (25 March 2014)
Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305 (25 March 2014)
Mehjoo v Harben Barker (a firm) & Anor [2014] EWCA Civ 358 (25 March 2014)
Saville v Central Capital Ltd [2014] EWCA Civ 337 (24 March 2014)
High Court (Administrative Court)
Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014)
Loughlin v Singh & Ors [2014] EWHC 912 (Admin) (26 March 2014)
Moseka v Nursing and Midwifery Council [2014] EWHC 846 (Admin) (26 March 2014)
Nursing and Midwifery Council v Kidd & Anor [2014] EWHC 847 (Admin) (26 March 2014)
London Borough of Islington & Ors v The Mayor of London [2014] EWHC 751 (Admin) (25 March 2014)
High Court (Chancery Division)
Brooke & Ors v Purton & Ors [2014] EWHC 547 (Ch) (26 March 2014)
First Subsea Ltd v Balltec Ltd & Ors [2014] EWHC 866 (Ch) (25 March 2014)
High Court (Commercial Court)
Sax v Tchernoy [2014] EWHC 795 (Comm) (26 March 2014)
Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 864 (Comm) (26 March 2014)
Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)
High Court (Family Division)
MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)
High Court (Patents Court)
Starsight Telecast Inc & Anor v Virgin Media Ltd & Ors [2014] EWHC 828 (Pat) (26 March 2014)
High Court (Queen’s Bench Division)
Johnston v League Publications Ltd & Ors [2014] EWHC 874 (QB) (26 March 2014)
White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)
Source: www.bailii.org
‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’
WLR Daily, 5th February 2014
Source: www.iclr.co.uk
Supreme Court, 12th March 2014
Supreme Court, 19th March 2014
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Barclays Bank Plc v Unicredit Bank Ag & Anor [2014] EWCA Civ 302 (20 March 2014)
Fons Hf v Corporal Ltd & Anor [2014] EWCA Civ 304 (20 March 2014)
Bate v Aviva Insurance UK Ltd [2014] EWCA Civ 334 (21 March 2014)
VIS Trading Co Ltd v Nazarov & Anor [2014] EWCA Civ 313 (20 March 2014)
High Court (Queen’s Bench Division)
Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)
Dany Lions Ltd v Bristol Cars Ltd [2014] EWHC 817 (QB) (21 March 2014)
High Court (Chancery Division)
Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)
Thevarajah & Anor v Riordan & Ors [2014] EWHC 725 (Ch) (21 March 2014)
Enta Technologies Ltd v Revenue And Customs [2014 EWHC 548 (Ch) (21 March 2014)
High Court (Administrative Court)
Brown v Carlisle City Council [2014] EWHC 707 (Admin) (21 March 2014)
High Court (Family Division)
T (A Child: Care And Placement Orders) [2014] EWHC 798 (Fam) (20 March 2014)
Leicester City Council v Chhatbar & Anor [2014] EWHC 830 (Fam) (28 February 2014)
High Court (Technology and Construction Court)
Fujitsu Services Ltd v IBM United Kingdom Ltd [2014] EWHC 752 (TCC) (21 March 2014)
Source: www.bailii.org
‘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
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