Pullan v Wilson and others – WLR Daily

Posted March 5th, 2014 in fees, law reports, proportionality, remuneration, trusts by sally

Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107

‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 4th, 2014 in law reports by sally

High Court (Chancery Division)

Clarke v Barclays Bank Plc & Anor [2014] EWHC 505 (Ch) (27 February 2014)

Akers & Ors v Samba Financial Group [2014] EWHC 540 (Ch) (28 February 2014)

Alpha S Communications Ltd v Caz Distribution Services Ltd & Ors [2014] EWHC 207 (Ch) (26 February 2014)

Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) (25 February 2014)

Ainslie v Sun Life Assurance Company of Canada (UK) Ltd (t/a Sun Life Financial of Canada) (Rev 1) [2014] EWHC 453 (Ch) (25 February 2014)

High Court (Queen’s Bench Division)

Orzechowska v ABF Plc (t/a Speedibake) [2014] EWHC 495 (QB) (26 February 2014)

Bassano v Toft & Ors [2014] EWHC 377 (QB) (26 February 2014)

Virulite LLC v Virulite Distribution Ltd & Anor [2014] EWHC 366 (QB) (26 February 2014)

Tsavdaris v Home Office [2014] EWHC 440 (QB) (25 February 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 536 (Fam) (13 February 2014)

Y (A Child: Private Law: Fact Finding) v [2014] EWHC 486 (Fam) (26 February 2014)

B-G (A Child) [2014] EWHC 444 (Fam) (05 February 2014)

High Court (Administrative Court)

Langton Homes Limited v Secretary of State for Communities And Local Government & Anor [2014] EWHC 487 (Admin) (27 February 2014)

E7 (An Officer of the Metropolitan Police) v Holland (Chairman of the Azelle Rodney Inquiry) [2014] EWHC 452 (Admin) (27 February 2014)

Bagshaw & Anor v Wyre Borough Council [2014] EWHC 508 (Admin) (28 February 2014)

Gazelle Properties Ltd, R (On the Application Of) v Bath And North East Somerset Council [2014] EWHC 393 (Admin) (27 February 2014)

Karim v Charkham & Ors [2014] EWHC 497 (Admin) (26 February 2014)

Commissioner of Police for the Metropolis v Bangs [2014] EWHC 546 (Admin) (03 March 2014)

SJ & Anor, R (on the application of) v Surrey County Council [2014] EWHC 449 (Admin) (26 February 2014)

High Court (Technology and Construction Court)

Seele Middle East FZE v Drake & Scull International SA Co [2014] EWHC 435 (TCC) (24 February 2014)

199 Knightsbridge Development Ltd v WSP UK Ltd [2014] EWHC 43 (TCC) (28 February 2014)

High Court (Commercial Court)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy & Anor [2014] EWHC 391 (Comm) (26 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 4th, 2014 in law reports by sally

Supreme Court

Coventry & Ors v Lawrence & Anor [2014] UKSC 13 (26 February 2014)

EM (Eritrea), R (on the application of) v Secretary of State for the Home Department [2014] UKSC 12 (19 February 2014)

Revenue & Customs v Forde and McHugh Ltd [2014] UKSC 14 (26 February 2014)

Williams v Central Bank of Nigeria [2014] UKSC 10 (19 February 2014)

Revenue and Customs v Marks and Spencer plc (Rev 1) [2014] UKSC 11 (19 February 2014)

Court of Appeal (Criminal Division)

Okedare, R. v [2014] EWCA Crim 228 (27 February 2014)

Court of Appeal (Civil Division)

Newlyn Dean & Sons Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWCA Civ 193 (27 February 2014)

Ali & Ors, R (On the Application Of) v Secretary of State for Justice [2014] EWCA Civ 194 (27 February 2014)

Swallowfalls Ltd v Monaco Yachting & Technologies SAM & Anor [2014] EWCA Civ 186 (27 February 2014)

Biddick (Deceased) , Representatives of the Estate of v Morcom [2014] EWCA Civ 182 (27 February 2014)

Graham v Every & Ors [2014] EWCA Civ 191 (27 February 2014)

ST & Anor v Secretary of State for the Home Department [2014] EWCA Civ 188 (28 February 2014)

Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 February 2014)

National Grid Electricity Transmission Plc v Arnold White Estates Ltd [2014] EWCA Civ 216 (03 March 2014)

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (21 February 2014)

JE (Jamaica) v Secretary of State for the Home Department [2014] EWCA Civ 192 (25 February 2014)

Sarkar v Secretary of State for the Home Department [2014] EWCA Civ 195 (26 February 2014)

Makudi v Baron Triesman of Tottenham [2014] EWCA Civ 179 (26 February 2014)

McKinnon v The London Borough of Redbridge [2014] EWCA Civ 178 (26 February 2014)


Jessemey v Rowstock Ltd & Anor [2014] EWCA Civ 185 (26 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Scopema Sarl v Scot Seat Direct Ltd [2014] EWCA Civ 187 (28 February 2014)

S (Children) [2014] EWCA Civ 135 (28 February 2014)

High Court (Queen’s Bench Division)

DSD & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB) (28 February 2014)

Vann & Ors v Ocidental-Companhia De Seguros SA [2014] EWHC 545 (QB) (03 March 2014)

High Court (Chancery Division)

Barco De Vapor BV & Ors (t/a Joint Carrier) v Thanet District Council [2014] EWHC 490 (Ch) (27 February 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 502 (Fam) (28 February 2014)

N v K (No.2) [2014] EWHC 507 (Fam) (28 February 2014)

Birmingham Children’s NHS Trust v B & C [2014] EWHC 531 (Fam) (13 February 2014)

High Court (Administrative Court)

May v Rother District Council [2014] EWHC 456 (Admin) (27 February 2014)

O’Brien, R (on the application of) v Director of Public Prosecution [2013] EWHC 3741 (Admin) (28 November 2013)

High Court (Commercial Court)

Barclays Bank Plc v Landgraf [2014] EWHC 503 (Comm) (28 February 2014)

JCA BTA Bank v Ablyazov & Ors [2014] EWHC 455 (Comm) (28 February 2014)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWHC 530 (TCC) (28 February 2014)

High Court (Patents Court)

Jarden Consumer Solutions (Europe) Ltd v Seb SA & Anor [2014] EWHC 445 (Pat) (28 February 2014)

Source: www.bailii.org

The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) – Supreme Court

The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) [2014] UKSC 14 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Forde and McHugh Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 28th, 2014 in law reports, national insurance, pensions, social security by sally

Forde and McHugh Ltd v Revenue and Customs Commissioners [2014] UKSC 14; [2014] WLR (D) 99

‘Contributions made by a company into a funded unapproved retirement benefits scheme in favour of one of its directors did not constitute the director’s “earnings” for the purposes of section 6(1) of the Social Security Contributions and Benefits Act 1992 and thus the company was not liable to pay national insurance contributions in respect of the value of the contribution.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Rowstock Ltd and another v Jessemey – WLR Daily

Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185; [2014] WLR (D) 101

‘The Court of Appeal so stated when allowing the appeal of the claimant, Mr P Jessemey, against a decision of the Employment Appeal Tribunal on 5 March 2013 [2013] ICR 807 dismissing his appeal against a decision by the employment tribunal sitting at Reading to dismiss his claim against his former employer Rowstock Ltd and its director Mr Davis for victimisation pursuant to section 108 of the Equality Act 2010.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Makudi v Baron Triesman of Tottenham – WLR Daily

Posted February 28th, 2014 in defamation, law reports, parliamentary privilege, privilege, public interest by sally

Makudi v Baron Triesman of Tottenham [2014] EWCA Civ 179; [2014] WLR (D) 98

‘Where a claim in defamation was brought against the defendant for repeating at an extra-parliamentary inquiry his evidence before a parliamentary committee, he was immune from the claim, by virtue of article 9 of the Bill of Rights 1689, because of the public interest in the evidence and the close nexus between the evidence on the two occasions.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Redbridge London Borough Council v Dhinsa and another – WLR Daily

Posted February 28th, 2014 in employment, law reports, police, unfair dismissal by sally

Redbridge London Borough Council v Dhinsa and another [2014] EWCA 178; [2014] WLR (D) 97

‘Section 200 of the Employment Rights Act 1996 was apt to exclude a parks police constable from claiming unfair dismissal where the Parks Police Service employing him was a “constabulary maintained by virtue of an enactment”, since, for the purposes of section 200(2)(a) of the 1996 Act, all members of the Service were “constables” who had made an appropriate declaration before a Justice of the Peace and the Service was also maintained by virtue of two enactments.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) – WLR Daily

Posted February 28th, 2014 in airports, detention, freedom of expression, human rights, law reports, terrorism by sally

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) [2014] EWHC 255 (Admin); [2014] WLR (D) 93

‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Nottingham City Council v LM and others – WLR Daily

Posted February 28th, 2014 in care orders, children, conflict of laws, EC law, jurisdiction, law reports by sally

Nottingham City Council v LM and others [2014] EWCA Civ 152; [2014] WLR (D) 92

‘Jurisdiction had to be considered in every children case with an international element and at the earliest opportunity, particularly when the proceedings were issued and at the case management hearing.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Jervis and others v Pillar Denton Ltd (Game Station) and others – WLR Daily

Posted February 28th, 2014 in administrators, expenses, insolvency, law reports, rent by sally

Jervis and others v Pillar Denton Ltd (Game Station) and others [2014] EWCA Civ 180 ; [2014] WLR (D) 94

‘In the context of insolvency, where rent was payable in advance the office holder should make payments at the rate of the rent for the duration of any period during which he retained possession of the demised property for the benefit of the winding up or administration. The rent would be treated as accruing from day to day. Those payments were payable as expenses of the winding up or administration. The duration of the period was a question of fact and was not determined merely by reference to which rent days occurred before, during or after that period.’

WLR Daily, 24th February 2014

Source: www.iclr.co.uk

Marks & Spencer plc v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted February 28th, 2014 in corporation tax, EC law, insolvency, law reports, subsidiary companies by sally

Marks & Spencer plc v Revenue and Customs Commissioners (No 2) [2014] UKSC 11; [2014] WLR (D) 90

‘A company was entitled to make successive claims to cross-border group relief against corporation tax in relation to the same loss incurred in the same accounting period by a European subsidiary which had gone into liquidation and then to withdraw any earlier claims in respect of the same surrendered loss which did not meet the subsequent judicially determined test, subject to the claim ultimately relied upon not being statute-barred.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

Full story

Legal Week, 27th February 2014

Source: www.legalweek.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 26th, 2014 in law reports by sally

The Community Infrastructure Levy (Amendment) Regulations 2014
The Child Benefit and Tax Credits Up-rating Order 2014

The Zimbabwe (Financial Sanctions) (Amendment) Regulations 2014

The Financial Services (Banking Reform) Act 2013 (Transitional Provision) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) Order 2014

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014

The Employment Rights (Increase of Limits) Order 2014

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 26th, 2014 in law reports by sally

Court of Appeal (Civil Division)

JE (Jamaica) v Secretary of State for the Home Department [2014] EWCA Civ 192 (25 February 2014)

Pillar Denton Ltd & Ors v Jervis & Ors [2014] EWCA Civ 180 (24 February 2014)

Santander UK Plc v R.A. Legal Solicitors [2014] EWCA Civ 183 (24 February 2014)

High Court (Administrative Court)

Aleksynas & Ors v Minister of Justice, Republic of Lithuania & Anor [2014] EWHC 437 (Admin) (24 February 2014)

Trafford Borough Council v (Secretary of State for Communities And Local Government & Anor [2014] EWHC 424 (Admin) (24 February 2014)

Jackson v Norfolk County Council [2014] EWHC 332 (Admin) (24 February 2014)

MWH UK Ltd v Wise (HM Inspector of Health & Safety) [2014] EWHC 427 (Admin) (24 February 2014)

Ashdown Forest Economic Development LLP v Secretary of State for Communities And Local Government & Ors [2014] EWHC 406 (Admin) (21 February 2014)

High Court (Chancery Division)

Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) (25 February 2014)

Ainslie v Sun Life Assurance Company of Canada (UK) Ltd (t/a Sun Life Financial of Canada) (Rev 1) [2014] EWHC 453 (Ch) (25 February 2014)

High Court (Commercial Court)

Associated Electrical Industries Ltd v Alstom UK (A Private Unlimited Company) [2014] EWHC 430 (Comm) (24 February 2014)

High Court (Family Division)

SA v PA [2014] EWHC 392 (Fam) (21 February 2014)

High Court (Queen’s Bench Division)

Tsavdaris v Home Office [2014] EWHC 440 (QB) (25 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Chancery Division)

Constantin Medien AG v Ecclestone & Ors [2014] EWHC 387 (Ch) (20 February 2014)

Clutterbuck & Anor v Al Amoudi [2014] EWHC 383 (Ch) (20 February 2014)

Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

High Court (Family Division)

K v B [2014] EWHC B7 (Fam) (31 January 2014)

SAB (A Child), Re [2014] EWHC 384 (Fam) (23 January 2014)

High Court (Commercial Court)

Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors [2014] EWHC 355 (Comm) (20 February 2014)

Summit Navigation Ltd & Anor v Generali Romania Asigurare Reasigurare SA Ardaf SA & Anor [2014] EWHC 398 (Comm) (21 February 2014)

Source: www.bailii.org

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk