Regina v Lewis (Leroy) – WLR Daily

Posted February 3rd, 2014 in appeals, assault, attempts, evidence, indictments, jurisdiction, law reports, theft by sally

Regina v Lewis (Leroy): [2013] EWCA Crim 2596;   [2014] WLR (D)  38

‘Once an indictment had been properly preferred and signed it remained the indictment in the case, so that the Crown Court had jurisdiction to try a case where no evidence had been offered on the single indictable offence and only summary offences were left to be tried.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2014 in law reports by sally

Court of Appeal (Criminal Division)

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

High Court (Administrative Court)

Crawford, R (on the application of) v The University of Newcastle Upon Tyne [2014] EWHC 162 (Admin) (31 January 2014)

Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) (31 January 2014)

High Court (Chancery Division)

Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch) (31 January 2014)

High Court (Commercial Court)

Georgian American Alloys, Inc & Or v White & Case LLP & Anor [2014] EWHC 94 (Comm) (31 January 2014)

Malhotra v Malhotra & Anor [2014] EWHC 113 (Comm) (31 January 2014)

High Court (Family Division)

Great Western Hospitals NHS Foundation Trust v AA [2014] EWHC 1666 (Fam) (28 January 2014)

High Court (Patents Court)

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2014] EWHC 146 (Pat) (31 January 2014)

High Court (Queen’s Bench Division)

Watson Farley & Williams (A Firm) v Ostrovizky [2014] EWHC 160 (QB) (31 January 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 31st, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Kanu, R. v [2014] EWCA Crim 67 (23 January 2014)

Court of Appeal (Civil Division)

Barnes v Revenue And Customs [2014] EWCA Civ 31 (30 January 2014)

Innerspaces Self Storage Ltd v Harding & Ors [2014] EWCA Civ 46 (30 January 2014)

Murrills v Berlanda & Anor [2014] EWCA Civ 6 (30 January 2014)

High Court (Chancery Division)

Keene (Trustees of the Graphic Reproduction Federation) v Wellcom London Ltd & Ors [2014] EWHC 134 (Ch) (30 January 2014)

Roadchef (Employee Benefits Trustees) Ltd v Hill & Anor [2014] EWHC 109 (Ch) (29 January 2014)

High Court (Administrative Court)

Thakeham Village Action Ltd, R (On the Application Of) v Horsham District Council [2014] EWHC 67 (Admin) (29 January 2014)

Zerom, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 92 (Admin) (30 January 2014)

High Court (Commercial Court)

Trafigura Beheer BV v Navigazione Montanari Spa [2014] EWHC 129 (Comm) (30 January 2014)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2014] EWHC 112 (Comm) (30 January 2014)

Source: www.bailii.org

Diakité v Commissaire général aux réfugiés et aux apatrides – WLR Daily

Posted January 31st, 2014 in asylum, EC law, international law, interpretation, law reports, war by sally

Diakité v Commissaire général aux réfugiés et aux apatrides (Case C-285/12); [2014] WLR (D) 37

‘An internal “armed conflict” existed, for the purposes of article 15(c) of Council Directive 2004/83/EC, if a state’s armed forces confronted one or more armed groups or if two or more armed groups confronted each other. It was not necessary for that conflict to be categorised as “armed conflict” not of an international character under international humanitarian law; nor was it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Court of Appeal to rule on standard of proof in ‘follow the settlement’ clause dispute – OUT-LAW.com

Posted January 31st, 2014 in insurance, law reports, standard of proof by sally

‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’

Full story

OUT-LAW.com, 30th January 2014

Source: www.out-law.com

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd – WLR Daily

Posted January 30th, 2014 in agency, compensation, indemnities, law reports, regulations by sally

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB); [2014] WLR (D) 32

‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina v Powell (Carl) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

Regina v Powell (Carl) [2014] WLR (D) 34

‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Castle v Crown Prosecution Service – WLR Daily

Posted January 30th, 2014 in law reports, road traffic offences, ultra vires by sally

Castle v Crown Prosecution Service [2014] WLR (D) 33

‘A traffic order permitting the imposition of variable speed limits, which had been signed by an employee of the Highways Agency acting as the alter ego of the Secretary of State, was not ultra vires section 14 of the Road Traffic Regulation Act 1984.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

IM v LM and others – WLR Daily

Posted January 30th, 2014 in appeals, consent, law reports, mental health by sally

IM v LM and others [2014] EWCA Civ 37; [2014] WLR (D) 31

‘The test for determining whether a person enjoyed capacity to marry or to experience sexual relations included an evaluation of the person’s ability to use and to weigh relevant information.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) – WLR Daily

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) [2014] EWCA Civ 34; [2014] WLR (D) 35

‘Where the decision of a public body was shown to be unlawful, the court should be reluctant to refuse relief on the ground that, acting lawfully, the decision-maker would have reached the same decision, particularly if the power had been exercised not for its statutory purpose but for an ulterior motive. In such a case the court should grant appropriate relief.’

WLR Daily, 27th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 30th, 2014 in law reports by sally

Supreme Court

Brownlee for Judicial Review (Northern Ireland) [2014] UKSC 4 (29 January 2014)

IA v The Secretary of State for the Home Department (Scotland) [2014] UKSC 6 (29 January 2014)

Mackle, R. v (Northern Ireland) [2014] UKSC 5 (29 January 2014)

Court of Appeal (Civil Division)

AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 (28 January 2014)

Personnel Hygiene Services Ltd & Anor v Rentokil Initial UK Ltd (t/a Initial Medical Services) & Anor [2014] EWCA Civ 29 (29 January 2014)

L, R (on the application of) v West London Mental Health NHS Trust & Ors [2014] EWCA Civ 47 (29 January 2014)

Skrzynski & Anor v The Commissioner of Police for the Metropolis [2014] EWCA Civ 9 (29 January 2014)

High Court (Queen’s Bench Division)

Thorne & Ors v House of Commons Commission [2014] EWHC 93 (QB) (29 January 2014)

High Court (Chancery Division)

Joint Stock Company “Aeroflot- Russian Airlines” & Anor v Berezovskaya & Anor [2014] EWHC 70 (Ch) (23 January 2014)

Credit Lucky Ltd & Anor v National Crime Agency [2014] EWHC 83 (Ch) (29 January 2014)

High Court (Family Division)

Great Western Hospitals NHS Foundation Trust v AA & Ors (Rev 1) [2014] EWHC 132 (Fam) (28 January 2014)

High Court (Administrative Court)

Isaghehi v Nursing and Midwifery Council [2014] EWHC 127 (Admin) (29 January 2014)

Source: www.bailii.org

Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) – Supreme Court

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) [2014] UKSC 4 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) – Supreme Court

Posted January 30th, 2014 in appeals, confiscation, consent, law reports, Supreme Court by sally

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) [2014] UKSC 5 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted January 29th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

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

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

High Court (Queen’s Bench Division)

Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) (24 January 2014)

High Court (Family Division)

A Local Authority v DG & Ors [2014] EWHC 63 (Fam) (24 January 2014)

Divall v Divall [2014] EWHC 95 (Fam) (24 January 2014)

High Court (Technology and Construction Court)

Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC) (24 January 2014)

High Court (Commercial Court)

Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm) (27 January 2014)

Glencore Energy UK Ltd v Cirrus Oil Services Ltd [2014] EWHC 87 (Comm) (24 January 2014)

High Court (Patents Court)

Astrazeneca AB & Anor v KRKA, DD Novo Mesto & Anor [2014] EWHC 84 (Pat) (24 January 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Jefferson v O’Connor [2014] EWCA Civ 38 (28 January 2014)

Solihull Metropolitan Borough Council v Khan [2014] EWCA Civ 41 (28 January 2014)

Das, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 45 (28 January 2014)

Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 (28 January 2014)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2014] EWHC 91 (Ch) (28 January 2014)

Park v Cho & Ors [2014] EWHC 55 (Ch) (24 January 2014)

High Court (Administrative Court)

S, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 50 (Admin) (28 January 2014)

Source: www.bailii.org

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk