Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) – WLR Daily

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) [2014] EWCA Civ 69; [2014] WLR (D) 50

‘Section 60 of the Criminal Justice and Public Order Act 1994 did not confer an arbitrary power and was compatible with article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily

Posted February 12th, 2014 in EC law, law reports, third parties, trade marks by sally

Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48

‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted February 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S v S [2014] EWCA Civ 95 (10 February 2014)

Court of Appeal (Criminal Division)

Howe, R. v [2014] EWCA Crim 114 (10 February 2014)

High Court (Administrative Court

Walford, R (On the Application Of) v Worchestershire County Council [2014] EWHC 234 (Admin) (10 February 2014)

York Council, City of v Secretary of State for Communities and Local Government & Anor [2014] EWHC 231 (Admin) (07 February 2014)

High Court (Commercial Court)

Otkritie International Investment Management Ltd & Ors v Urumov & Ors [2014] EWHC 191 (Comm) (10 February
2014)

High Court (Queen’s Bench Division)

Yates v National Trust [2014] EWHC 222 (QB) (10 February 2014)

Hegazy & Ors v The Commissioner of Police of the Metropolis [2014] EWHC 235 (QB) (10 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 10th, 2014 in law reports, legislation by sally

Court of Appeal (Civil Division)

Edem v The Information Commissioner & Anor [2014] EWCA Civ 92 (07 February 2014)

Walker Construction (UK) Ltd v Quayside Homes Ltd & Anor [2014] EWCA Civ 93 (07 February 2014)

High Court (Administrative Court)

Unison, R (on the application of) v The Lord Chancellor & Anor [2014] EWHC 218 (Admin) (07 February 2014)

Rotherham Metropolitan Borough Council & Ors, R (on the application of) v Secretary of State for Business, Innovation and Skills [2014] EWHC 232 (Admin) (07 February 2014)

High Court (Commercial Court)

OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014)

Euroil Ltd v Cameroon Offshore Petroleum Sarl [2014] EWHC 215 (Comm) (07 February 2014)

High Court (Technology and Construction Court)

Waterdance Ltd v Kingston Marine Services Ltd [2014] EWHC 224 (TCC) (07 February 2014)

Source: www.bailii.org

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted February 7th, 2014 in criminal injuries compensation, dogs, law reports, news, violence by sally

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 65;  [2014] WLR (D)  45

‘In order to determine whether conduct which amounted to an offence contrary to section 3(1) of the Dangerous Dogs Act 1991 of being the owner of a dog which was dangerously out of control in a public place was a “crime of violence”, for the purposes of the Criminal Injuries Compensation Scheme, it was necessary to have regard to the nature of the offence rather than its consequences. Negligently to allow a dog to escape, even a dog known to be aggressive, did not constitute a crime of violence.’

WLR Daily, 3rd February 2014

Source: www.iclr.co.uk

R (L) v West London Mental Health NHS Trust – WLR Daily

R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ;  [2014] WLR (D)  44

‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

United States of America v Nolan – WLR Daily

United States of America v Nolan [2014] EWCA Civ 71;  [2014] WLR (D)  46

‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 7th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Walker & Son (Hauliers) Ltd v Environment Agency [2014] EWCA Crim 100 (06 February 2014)

Onuigbo (aka Okoronkwo) v R [2014] EWCA Crim 65 (31 January 2014)

Harvey & Ors, R v [2014] EWCA Crim 54 (24 January 2014)

Cooke, & Ors, R. v [2014] EWCA Crim 53 (24 January 2014)

Virgin Media Ltd, R (on the application of) v Zinga [2014] EWCA Crim 52 (24 January 2014)

Court of Appeal (Civil Division)

Taylor v Burton & Anor [2014] EWCA Civ 63 (06 February 2014)

SXH v Crown Prosecution Service [2014] EWCA Civ 90 (06 February 2014)

Banwaitt v Dewji [2014] EWCA Civ 67 (06 February 2014)

SC Compania Nationala De Transporturi Aeriene Romane Tarom SA v Jet2.Com Litd [2014] EWCA Civ 87 (06 February 2014)

P (Findings of Fact), Re [2014] EWCA Civ 89 (06 February 2014)

Omv Supply And Trading AG v Kazmunaygaz Trading AG (Rev 1) [2014] EWCA Civ 75 (06 February 2014)

C (A Child), Re [2014] EWCA Civ 70 (06 February 2014)

Robinson v Chief Constable of West Yorkshire Police (Rev 1) [2014] EWCA Civ 15 (05 February 2014)

Hazel & Anor v The Manchester College [2014] EWCA Civ 72 (05 February 2014)

High Court (Administrative Court)

Freedman, R (On the Application Of) v Wiltshire Council [2014] EWHC 211 (Admin) (06 February 2014)

Earl, R (On the Application Of) v Winchester City Council [2014] EWHC 195 (Admin) (05 February 2014)

High Court (Commercial Court)

SET Select Energy GmbH v F & M Bunkering Ltd [2014] EWHC 192 (Comm) (06 February 2014)

Burntcopper Ltd (t/a Contemporary Design Unit) v International Travel Catering Association Ltd [2014] EWHC 148 (Comm) (06 February 2014)

High Court (Family Division)

D (a Child), Re [2014] EWHC 121 (Fam) (29 January 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 6th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Bishop v Golstein [2014] EWCA Civ 10 (05 February 2014)

High Court (Queen’s Bench Division)

Mount Eden Land Ltd v Speechly Bircham LLP [2014] EWHC 169 (QB) (05 February 2014)

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB) (05 February 2014)

Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) (05 February 2014)

High Court (Administrative Court)

Brown v HM Coroner for the County of Norfolk & Anor [2014] EWHC 187 (Admin) (5 February 2014)

Fuglers LLP & Ors v Solicitors Regulatory Authority [2014] EWHC 179 (Admin) (05 February 2014)

Crawford, R (on the application of) v The Legal Ombudsman & Anor [2014] EWHC 182 (Admin) (05 February 2014)

Source: www.bailii.org

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted February 5th, 2014 in law reports by sally

Supreme Court

Adamson & Ors v Paddico (267) Ltd [2014] UKSC 7 (5 February 2014))

Richardson & Anor v Director of Public Prosecutions [2014] UKSC 8 (5 February 2014)

Court of Appeal (Civil Division)

Roberts, R (on the application of) v The Commissioner of Police of the Metropolis & Ors [2014] EWCA Civ 69 (04 February 2014)

Flynn v Warrior Square Recoveries Ltd [2014] EWCA Civ 68 (04 February 2014)

High Court (Queen’s Bench Division)

Xenakis & Anor v Birkett Long LLP [2014] EWHC 171 (QB) (03 February 2014)

RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor [2014] EWHC 130 (QB) (04 February 2014)

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2014] EWHC 123 (Ch) (04 February 2014)

Dass v Beggs & Anor [2014] EWHC 164 (Ch) (03 February 2014)

Kevern v Ayres & Anor [2014] EWHC 165 (Ch) (03 February 2014)

Bank of Scotland Plc v Greville Development Company (Midlands) Ltd & Ors [2014] EWHC 128 (Ch) (31 January 2014)

High Court (Administrative Court)

Kulibaba & Anor v Government of the United States of America [2014] EWHC 176 (Admin) (04 February 2014)

JM, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4430 (Admin) (04 February 2014)

High Court (Technology and Construction Court)

Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184 (TCC) (04 February 2014)

High Court (Commercial Court)

San Evans Maritime Inc & Ors v Aigaion Insurance Co SA [2014] EWHC 163 (Comm) (04 February 2014)

Source: www.bailii.org

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) – WLR Daily

Posted February 5th, 2014 in care homes, fees, law reports, local government by sally

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) [2014] EWHC 77 (QB); [2014] WLR (D) 42

‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 4th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Heibner, R. v (Rev 1) [2014] EWCA Crim 102 (23 January 2014)

Court of Appeal (Civil Division)

Emmett v Sisson [2014] EWCA Civ 64 (02 March 2014)

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 65 (03 February 2014)

High Court (Chancery Division)

Pullan v Wilson & Ors [2014] EWHC 126 (Ch) (28 January 2014)

High Court (Administrative Court)

Binder v Public Prosecutor’s Office, Memmingem, Germany [2014] EWHC 133 (Admin) (03 February 2014)

Mills v General Dental Council [2014] EWHC 89 (Admin) (24 January 2014)

High Court (Commercial Court)

Euroil Ltd v Cameroon Offshore Petroleum SARL [2014] EWHC 52 (Comm) (14 January 2014)

High Court (Patents Court)

Cooke v Watermist Ltd [2014] EWHC 125 (Pat) (03 February 2014)

Source: www.bailii.org

Government of the Republic of South Africa v Dewani (No 2) – WLR Daily

Posted February 4th, 2014 in extradition, law reports, mental health by sally

Government of the Republic of South Africa v Dewani (No 2) [2014] EWHC 153 (Admin); [2014] WLR (D) 41

‘A person who was currently unfit to plead, and might remain unfit to plead, was an accused person for the purposes of section 70(4)(a) of the Extradition Act 2003. It might be unjust and oppressive to order such a person’s extradition without considering whether an undertaking should be required from the requesting state to permit his return to the United Kingdom in the event it was found, after a reasonable time for further treatment in the requesting state, that he was likely to remain unfit.’

WLR Daily, 31st January 2014

Source: www.iclr.co.uk

Regina (Das) v Secretary of State for the Home Department and others – WLR Daily

Posted February 4th, 2014 in appeals, detention, immigration, law reports, mental health by sally

Regina (Das) v Secretary of State for the Home Department and others [2014] EWCA Civ 45; [2014] WLR (D) 39

‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 4th, 2014 in appeals, confiscation, consent, law reports, Northern Ireland, Supreme Court by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk