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indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’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

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

In re St Chad, Bishop’s Tachbrook – WLR Daily

Posted January 29th, 2014 in burials and cremation, ecclesiastical law, faculties, law reports, planning by sally

In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24

‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’

WLR Daily, 9th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

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

Court of Appeal (Civil Division)

Core Issues Trust, R (On the Application Of) v Transport for London & Anor [2014] EWCA Civ 34 (27 January 2014)

C v North Cumbria University Hospitals NHS Trust (Rev 1) [2014] EWHC 61 (QB) (23 January 2014)

Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 33 (24 January 2014)

ZZ v Secretary of State for the Home Department [2014] EWCA Civ 7 (24 January 2014)

S (A Child) , Re [2014] EWCA Civ 25 (24 January 2014)

Rajaratnam v Secretary of State for the Home Department [2014] EWCA Civ 8 (24 January 2014)

Miller v Associated Newspapers Ltd [2014] EWCA Civ 39 (24 January 2014)

High Court (Administrative Court)

Mohammed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 98 (Admin) (27 January 2014)

Miller Homes Limited, R (On the Application Of) v Leeds City Council [2014] EWHC 82 (Admin) (27 January 2014)

Department of Work and Pensions v Kole- Emmanuel [2013] EWHC 4368 (Admin) (26 June 2013)

Islington Borough Council v Secretary of State for Communities And Local Government & Anor [2014] EWHC 62 (Admin) (24 January 2014)

South Yorkshire Police, R (on the application of) v Sheffield Crown Court & Anor [2014] EWHC 81 (Admin) (24 January 2014)

Chowdhury, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 59 (Admin) (24 January 2014)

Trafford v Blackpool Borough Council [2014] EWHC 85 (Admin) (24 January 2014)

Source: www.bailii.org

Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

Regina v Proctor – WLR Daily

Posted January 27th, 2014 in appeals, judicial review, law reports, sexual offences prevention orders by sally

Regina v Proctor [2014] WLR (D) 22

‘When a sexual offences prevention order was made against an offender without a sufficient basis, it was not, prior to quashing, a nullity. Where such an order was made in relation to a person already subject to a sexual offences prevention order, the earlier order ceased to have effect, pursuant to section 107(6) of the Sexual Offences Act 2003, despite the second order having been made without a sufficient basis.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Vidal-Hall and others v Google Inc – WLR Daily

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk