Category: law reports

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

British Telecommunications Plc v Luck & Ors [2014] EWHC 290 (QB) (17 February 2014)

Krause v Associated Newspapers Ltd [2014] EWHC 293 (QB) (19 February 2014)

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB) (19 February 2014)

Donkers & Anor v Storm Aviation Ltd [2014] EWHC 241 (QB) (20 February 2014)

Leigh v London Ambulance Service NHS Trust [2014] EWHC 286 (QB) (20 February 2014)

High Court (Administrative Court)

Gul, R (on the application of) v Secretary of State for Justice & Anor [2014] EWHC 373 (Admin) (19 February 2014)

Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors [2014] EWHC 274 (Admin) (19 February 2014)

Dunham & Anor v and Government of the United States [2014] EWHC 334 (Admin) (19 February 2014)

Miranda v Secretary of State for the Home Department & Ors [2014] EWHC 255 (Admin) (19 February 2014)

Flynn & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 390 (Admin) (20 February 2014)

Bishop’s Stortford Civic Federation v East Hertfordshire District Council & Ors [2014] EWHC 348 (Admin) (21 February 2014)

Jeyarupan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 386 (Admin) (20 February 2014)

Burrows (on behalf of Wraysbury Action Group), R (on the application of) v The Royal Borough of Windsor and Maidenhead & Anor [2014] EWHC 389 (Admin) (21 February 2014)

Dusza & Anor v Powys Teaching Local Health Board [2014] EWHC 339 (Admin) (21 February 2014)

Miller, R (On the Application Of) v Chief Constable of Merseyside Police [2014] EWHC 400 (Admin) (20 February 2014)

High Court (Technology and Construction Court)

Lincolnshire County Council v Mouchel Business Services Ltd & Anor [2014] EWHC 352 (TCC) (21 February 2014)

Savash v CIS General Insurance Ltd [2014] EWHC 375 (TCC) (20 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 24th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pace & Anor v R. [2014] EWCA Crim 186 (18 February 2014)

Boughton -Fox v R. [2014] EWCA Crim 227 (21 February 2014)

Price & Anor v R [2014] EWCA Crim 229 (21 February 2014)

Tatham v R. [2014] EWCA Crim 226 (21 February 2014)

Court of Appeal (Civil Division)

RWE Npower Renewables Ltd v J N Bentley Ltd [2014] EWCA Civ 150 (19 February 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWCA Civ 134 (19 February 2014)

AHK & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 151 (21 February 2014)

Wall v Mutuelle De Poitiers Assurances [2014] EWCA Civ 138 (20 February 2014)

Rawlinson And Hunter Trustees SA & Ors v Akers & Anor [2014] EWCA Civ 136 (20 February 2014)

Blueco Ltd v BWAT Retail Nominee & Ors [2014] EWCA Civ 154 (21 February 2014)

SG & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2014] EWCA Civ 156 (21 February 2014)

M (A Child), Re [2014] EWCA Civ 152 (21 February 2014)

Source: www.bailii.org

J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc – WLR Daily

Posted February 24th, 2014 in agreements, consumer credit, interpretation, law reports by sally

J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc [2014] EWHC 291 (Ch); [2014] WLR (D) 83

‘As a matter of construction of section 77A of the Consumer Credit Act 1974, where a creditor had provided the debtor with a statement which failed to set out the information required by the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, the period of non-compliance commenced on a date to be calculated as if no statement had been served at all, and the period of non-compliance began on the day following the last day on which a compliant statement could have been given.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Regina v Wright (Robert) – WLR Daily

Posted February 24th, 2014 in confiscation, fees, fraud, law reports, proceeds of crime, sentencing, solicitors by sally

Regina v Wright (Robert) [2014] WLR (D) 84

‘Where an insurance company paid a defendant’s solicitors’ fees, for which he would otherwise have been liable, in connection with a false insurance claim he had made, he obtained a pecuniary advantage as a result of or in connection with his false claim, for the purposes of section 76(5) of the Proceeds of Crime Act 2002. Therefore, by section 76(4), those fees formed part of the defendant’s benefit from his criminal conduct for the purposes of any confiscation order made under the 2002 Act.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Regina v Ahmed (Mohammed Kamal) – WLR Daily

Posted February 24th, 2014 in enforcement notices, law reports, planning by sally

Regina v Ahmed (Mohammed Kamal) [2014] WLR (D) 85

‘Where breach of an enforcement notice alleged unlawful change of use rather than development without planning permission, it was not appropriate to charge an offence in contravention of section 181(5) of the Town and Country Planning Act 1990; the appropriate offence would be under section 179(2) of the 1990 Act.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

Wall v Mutuelle de Poitiers Assurances – WLR Daily

Posted February 24th, 2014 in civil procedure rules, conflict of laws, damages, EC law, expert witnesses, law reports, personal injuries by sally

Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86

‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court

Posted February 21st, 2014 in constructive trusts, fraud, law reports, limitations by sally

Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted February 21st, 2014 in corporation tax, EC law, law reports, subsidiary companies by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2014] UKSC 11 & [2013] UKSC 30 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Regina v Howe (Kevin) – WLR Daily

Posted February 21st, 2014 in assisted suicide, attempts, law reports, sentencing, suicide by sally

Regina v Howe (Kevin) [2014] EWCA Crim 114; [2014] WLR (D) 77

‘The Court of Appeal, Criminal Division, gave guidance as to the appropriate level of sentence for offences of encouraging or assisting suicide, contrary to section 2(1) of Suicide Act 1961, taking into account the harm caused and the culpability of the offender.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v McLoughlin; Regina v Newell – WLR Daily

Posted February 21st, 2014 in human rights, imprisonment, law reports, murder, sentencing by sally

Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82

‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v Pace and another – WLR Daily

Posted February 21st, 2014 in appeals, attempts, law reports, proceeds of crime by sally

Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81

‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Posted February 21st, 2014 in compensation, financial advice, financial services ombudsman, law reports, ombudsmen, res judicata by sally

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 19th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

McLoughlin, R. v [2014] EWCA Crim 188 (18 February 2014)

Court of Appeal (Civil Division)

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 (18 February 2014)

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors [2014] EWCA Civ 12 (18 February 2014)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2014] EWHC 294 (QB) (18 February 2014)

Webley v St George’s Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

High Court (Administrative Court)

Walker v The Secretary for State for Education [2014] EWHC 267 (Admin) (14 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor [2014] EWHC 102 (Admin) (18 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 18th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Proctor, R. v [2014] EWCA Crim 162 (30 January 2014)

Court of Appeal (Civil Division)

Ray v Sekhri [2014] EWCA Civ 119 (14 February 2014)

Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Ltd [2014] EWCA Civ 100 (14 February 2014)

Donovan & Anor v Rana & Anor [2014] EWCA Civ 99 (14 February 2014)

High Court (Chancery Division)

Harding & Anor v Edwards & Ors [2014] EWHC 247 (Ch) (14 February 2014)

High Court (Family Division)

London Borough of Harrow v Afzal & Ors [2014] EWHC 303 (Fam) (31 January 2014)

Medway Council v Mother & Ors [2014] EWHC 308 (Fam) (31 January 2014)

The Prospective Adopters v IA & Anor [2014] EWHC 331 (Fam) (12 February 2014)

JEG v IS [2014] EWHC 287 (Fam) (13 February 2014)

High Court (Administrative Court)

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014)

Global Vision College Ltd, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 205 (Admin) (14 February 2014)

Kadyamarunga v Secretary of State for the Home Department [2014] EWHC 301 (Admin) (14 February 2014)

North Norfolk District Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 279 (Admin) (14 February 2014)

High Court (Technology and Construction Court)

Viridis UK Ltd v Mulalley & Company Ltd [2014] EWHC 268 (TCC) (11 February 2014)

High Court (Commercial Court)

Lakatamia Shipping Co Ltd v Nobu Su & Ors [2014] EWHC 275 (Comm) (13 February 2014)

Cottonex Anstalt v Patriot Spinning Mills Ltd [2013] EWHC 236 (Comm) (14 February 2014)

Source: www.bailii.org

Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk