law reports – Page 115 – Current Awareness

‘Article 15 of Parliament and Council Directive 2006/54/EC precluded national legislation which, on grounds relating to the public interest, excluded a woman on maternity leave from a vocational training course which formed an integral part of her employment and which was compulsory in order to be able to be appointed definitively to a post as a civil servant and in order to benefit from an improvement in her employment conditions, while guaranteeing her the right to participate in the next training course, the date of which was nevertheless uncertain. Article 14(2), which provided that a difference of treatment based on a characteristic relating to sex did not constitute discrimination in relation to particular occupational activities, did not apply since the national legislation did not limit a specified activity solely to male workers but only delayed access to that activity for female workers who had been unable to receive full vocational training as a result of compulsory maternity leave. Both articles 14(1)(c) and 15 were sufficiently clear, precise and unconditional to have direct effect.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Regina (Alansi) v Newham London Borough Council – WLR Daily

Posted March 12th, 2014 in Administrative Court, housing, interpretation, law reports, local government by sally

Regina (Alansi) v Newham London Borough Council: [2013] EWHC 3722 (Admin); [2014] WLR (D) 117

‘The court’s approach to the interpretation of statements made by public bodies that were said to give rise to a legitimate expectation required it, inter alia, to ascertain the meaning which the authority’s statements would reasonably convey to the claimant in the light of all the background knowledge which he/she had in the situation in which she was at the time that the statements were made.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by sally

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227; [2014] WLR (D) 119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Regina v Dang (Manh Toan) and others – WLR Daily

Posted March 12th, 2014 in appeals, conspiracy, drug offences, law reports, sentencing by sally

Regina v Dang (Manh Toan) and others; [2014] EWCA Crim 348; [2014] WLR (D) 118

‘For a defendant to be guilty of conspiring, contrary to the section 1 of the Criminal Law Act 1977, “to be concerned” in the production of a controlled drug, contrary to section 4(1)(b) of the Misuse of Drugs Act 1971, by supplying equipment to assist others to produce the drug, he had to share in the drug producer’s purpose and had to lend his assistance for that purpose. A generalised awareness that the equipment might be used for the unlawful purpose would not suffice.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Rubin v Rubin – WLR Daily

Posted March 12th, 2014 in appeals, costs, divorce, financial provision, law reports, legal services by sally

Rubin v Rubin: [2014] EWHC 611 (Fam); [2014] WLR (D) 116

‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’

WLR Daily, 10th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 12th, 2014 in law reports by sally

Court of Appeal (Civil Division)

DT (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 259 (12 March 2014)

Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor [2014] EWCA Civ 250 (11 March 2014)

Shop Direct Group v Revenue & Customs [2014] EWCA Civ 255 (11 March 2014)

Court of Appeal (Criminal Division)

Gjikokaj, R v [2014] EWCA Crim 386 (11 March 2014)

High Court (Administrative Court)

Keep Streets Live Campaign Ltd v London Borough of Camden [2014] EWHC 607 (Admin) (11 March 2014)

Thapa, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 659 (Admin) (11 March 2014)

Timmins & Anor v Gedling Borough Council [2014] EWHC 654 (Admin) (11 March 2014)

Badre v Court of Florence, Italy [2014] EWHC 614 (Admin) (11 March 2014)

Holland v Secretary of State for Communities and Local Government & Ors [2014] EWHC 566 (Admin) (11 March 2014)

High Court (Chancery Division)

National Westminster Bank Plc v Lucas & Ors [2014] EWHC 653 (Ch) (11 March 2014)

Wellesley Partners Llp v Withers Llp [2014] EWHC 556 (Ch) (11 March 2014)

Prophet Plc v Huggett [2014] EWHC 615 (Ch) (11 March 2014)

Wade & Anor v British Sky Broadcasting Ltd [2014] EWHC 634 (Ch) (11 March 2014)

High Court (Queen’s Bench Division)

Jerrard v Blyth & Ors [2014] EWHC 647 (QB) (11 March 2014)

Source: www.bailii.org

Kairos Shipping Ltd and another v Enka & Co LLC and others – WLR Daily

Posted March 11th, 2014 in appeals, charters, civil procedure rules, law reports, limitations, shipping law, third parties by sally

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217; [2014] WLR (D) 113

‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Speechley & Ors v Allott & Ors [2014] EWCA Civ 230 (10 March 2014)

High Court (Administrative Court)

Kumar, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 644 (Admin) (10 March 2014)

High Court (Chancery Division)

Manchester Ship Canal Developments Ld & Anor v Persons Unknown & Ors [2014] EWHC 645 (Ch) (10 March 2014)

High Court (Family Division)

Rubin v Rubin [2014] EWHC 611 (Fam) (10 March 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 10th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Dang & Ors v R [2014] EWCA Crim 348 (07 March 2014)

Court of Appeal (Civil Division)

Bailey & Anor v Angove’s PTY Ltd [2014] EWCA Civ 215 (07 March 2014)

Mohamoud v Birmingham City Council [2014] EWCA Civ 227 (07 March 2014)

High Court (Queen’s Bench Division)

Malvicini v Ealing Primary Care Trust [2014] EWHC 378 (QB) (05 March 2014)

McCreaner v Ministry of Justice [2014] EWHC 569 (QB) (07 March 2014)

High Court (Chancery Division)

Hague Plant Ltd v Hague & Ors [2014] EWHC 568 (Ch) (05 March 2014)

Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 574 (Ch) (05 March 2014)

High Court (Family Division)

Ivleva v Yates [2014] EWHC 554 (Fam) (04 March 2014)

AS (a child), Re [2014] EWHC 606 (Fam) (04 March 2014)

F (Abduction: Consent), Re [2014] EWHC 484 (Fam) (25 February 2014)

High Court (Administrative Court)

Alexander, R (on the application of) v The Parking Adjudicator & Anor [2014] EWHC 560 (Admin) (07 March 2014)

Rosemarine, R (on the application of) v The Office for Legal Complaints [2014] EWHC 601 (Admin) (07 March 2014)

Sturgess, R (on the application of) v Swansea County Court & Ors [2014] EWHC 608 (Admin) (06 March 2014)

Naylor v Essex County Council [2014] EWHC 90 (Admin) (07 March 2014)

Source: www.bailii.org

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH – WLR Daily

Posted March 7th, 2014 in EC law, law reports, trade marks by sally

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH(Case C-409/12); [2014] WLR (D) 112

‘Under article 12(2)(a) of Parliament and Council Directive 2008/95/EC a trade mark was liable to revocation in respect of a product for which it was registered if, in consequence of acts or “inactivity” of the proprietor, that trade mark had become the common name for that product from the point of view solely of end users of the product. There was “inactivity” if the proprietor of the trade mark did not encourage sellers to make more use of that mark in marketing a product in respect of which the mark was registered; and the revocation of a trade mark did not presuppose that it had to be ascertained whether there were other names for a product for which that trade mark had become the common name in the trade.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily

Posted March 7th, 2014 in aircraft, carriage by air, damages, disabled persons, EC law, law reports by sally

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening): [2014] UKSC 15; [2014] WLR (D) 111

‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 7th, 2014 in law reports by sally

Supreme Court

Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15 (05 March 2014)

Revenue and Customs v Secret Hotels2 Ltd [2014] UKSC 16 (05 March 2014)

Court of Appeal (Civil Division)

Kairos Shipping Ltd & Anor v Enka & Co LLC & Ors [2014] EWCA Civ 217 (06 March 2014)

AB v CD [2014] EWCA Civ 229 (06 March 2014)

Daws Hill Neighbourhood Forum & Ors v Wycombe District Council [2014] EWCA Civ 228 (06 March 2014)

High Court (Administrative Court)

The Welsh Language Commissioner, R (On the Application Of) v National Savings And Investments [2014] EWHC 488 (Admin) (06 March 2014)

Y Frenhines Ar Gais Comisiynydd Y Gymraeg v Cynilion A Buddsoddiadau Cenedlaethol [2014] EWHC 488W (Admin) (06 March 2014)

Omokayode, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 594 (Admin) (06 March 2014)

Savage v Mansfield District Council [2014] EWHC 600 (Admin) (06 March 2014)

High Court (Chancery Division)

Sellers v Buyer [2014] EWHC 596 (Ch) (06 March 2014)

Source: www.bailii.org

Regina (Freedman) v Wiltshire Council – WLR Daily

Posted March 6th, 2014 in change of use, law reports, local government, planning by sally

Regina (Freedman) v Wiltshire Council: [2014] EWHC 211 (Admin); [2014] WLR (D) 109

‘In determining an application for a certificate for lawful use, section 191(4) of the Town and Country Planning Act 1990 entitled a local planning authority, in principle, to substitute a description of a different use from that described in the application form by the certificate had been sought, provided that the authority was satisfied, on a balance of probability, that the evidence demonstrated that the use as substituted had been carried on continuously for a period of ten years or more.’

WLR Daily 6th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 6th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Syed & Anor, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 196 (04 March 2014)

Court of Appeal (Criminal Division)

Burinskas, R v [2014] EWCA Crim 334 (04 March 2014)

High Court (Administrative Court)

RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 559 (Admin) (05 March 2014)

Nzangane v Secretary of State for the Home Department [2014] EWHC 555 (Admin) (05 March 2014)

Wilson, R (on the application of) v The Office of the Independent Adjudicator for Higher Education & Anor [2014] EWHC 558 (Admin) (05 March 2014)

King, R (on the application of) v The Parole Board [2014] EWHC 564 (Admin) (04 March 2014)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 574 (Ch) (05 March 2014)

Hague Plant Ltd v Hague & Ors [2014] EWHC 568 (Ch) (05 March 2014)

Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

High Court (Commercial Court)

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

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

High Court (Family Division)

JP v LP & Ors [2014] EWHC 595 (Fam) (05 March 2014)

Mann v Mann [2014] EWHC 537 (Fam) (05 March 2014)

Surrey County Council v ME & Ors [2014] EWHC 489 (Fam) (04 March 2014)

Ilott v Mitson & Ors [2014] EWHC 542 (Fam) (03 March 2014)

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

High Court (Queen’s Bench Division)

Samara v MBI & Partners UK Ltd & Anor [2014] EWHC 563 (QB) (04 March 2014)

Source: www.bailii.org

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily

Posted March 5th, 2014 in appeals, compensation, evidence, judicial review, law reports, miscarriage of justice, Supreme Court by sally

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same [2014] EWCA Civ 194; [2014] WLR (D) 103

‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’

WLR Daily, 27th February 2014

Source: www.iclr.co.uk

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Posted March 5th, 2014 in appeals, case management, civil procedure rules, costs, law reports, penalties, stay of proceedings, time limits by sally

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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