Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72
‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)
Court of Appeal (Civil Division)
Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)
Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)
Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)
High Court (Queen’s Bench Division)
Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)
Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)
High Court (Chancery Division)
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)
Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)
High Court (Family Division)
AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)
High Court (Administrative Court)
Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)
Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)
High Court (Technology and Construction Court)
The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)
Source: www.bailii.org
‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68
‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67
‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64
‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’
WLR Daily, 11th February 2014
Source: www.iclr.co.uk
Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63
‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
‘Considerations of fairness and reasonableness could not be imported into the process of construing the provisions of a Levy Determination issued by the Pension Protection Fund (“PPF”) which set out, pursuant to section 175(5) of the Pensions Act 2004, the rules for calculating the annual levy on defined pension benefit schemes eligible to receive compensation from the PPF. If the relevant rule in the Levy Determination did not permit the board of the PPF to interfere in any individual case so as to procure what might be said to be fair or rational in the calculation of the levy, the ombudsman was similarly constrained on a reference.’
WLR Daily, 23rd January 2014
Source: www.iclr.co.uk
Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60
‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’
WLR Daily, 11th February 2014
Source: www.iclr.co.uk
Regina v Mitchell (William) [2014] WLR (D) 61
‘To be the holder of a public office a person had to owe duties to the public over and above duties owed to individual citizens. Therefore a paramedic who did not owe such duties was not a holder of a public office.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
Ministry of Defence v Kemeh [2014] EWCA Civ 91; [2014] WLR (D) 59
‘Common law principles of agency were applicable when considering section 32(2) of the Race Relations Act 1976.’
WLR Daily, 11th February 2014
Source: www.iclr.co.uk
‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’
WLR Daily, 7th February 2014
Source: www.iclr.co.uk
Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56
‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
In re Robson, decd; White v Matthys and others [2014] WLR (D) 54
‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’
WLR Daily, 31st January 2014
Source: www.iclr.co.uk
Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49
‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
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