law reports – Page 120 – Current Awareness

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted January 27th, 2014 in bankruptcy, enfranchisement, landlord & tenant, law reports, leases, receivers, trustees in bankruptcy by sally

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon [2014] EWCA Civ 17; [2014] WLR (D) 20

‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Haxton v Philips Electronics UK Ltd – WLR Daily

Posted January 24th, 2014 in asbestos, damages, industrial injuries, law reports, negligence, personal injuries by sally

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19

‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Taylor v Burton & Anor [2014] EWCA Civ 21 (23 January 2014)

IM v LM & Ors [2014] EWCA Civ 37 (23 January 2014)

Reed Employment Ltd v Revenue And Customs [2014] EWCA Civ 32 (23 January 2014)

High Court (Queen’s Bench Division)

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

M (A Child) , Re [2014] EWHC 57 (QB) (23 January 2014)

The Northampton Regional Livestock Centre Co Ltd v Cowling & Anor [2014] EWHC 30 (QB) (23 January 2014)

Jones v Portsmouth Hospitals NHS Trust [2014] EWHC 42 (QB) (23 January 2014)

High Court (Administrative Court)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 65 (Admin) (22 January 2014)

High Court (Technology and Construction Court)

Wales And West Utilities Ltd v PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC) (23 January 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 23rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

The Free Grammar School of John Lyon (The Keepers and Governors of the Possessions, Revenues and Goods of) v Helman [2014] EWCA Civ 17 (22 January 2014)

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4 (22 January 2014)

Slattery v Basildon Borough Council [2014] EWCA Civ 30 (22 January 2014)

High Court (Queen’s Bench Division)

Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB) (22 January 2014)

High Court (Family Division)

Ramet, Re application for the committal to prison [2014] EWHC 56 (Fam) (22 January 2014)

Nightingale v Nightingale [2014] EWHC 77 (Fam) (17 January 2014)

High Court (Administrative Court)

Padden, R (on the application of) v Maidstone Borough Council & Ors [2014] EWHC 51 (Admin) (22 January 2014)

Source: www.bailii.org

United Kingdom v European Parliament and another – WLR Daily

Posted January 23rd, 2014 in EC law, financial regulation, law reports, regulations by sally

United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17

‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

Posted January 23rd, 2014 in appeals, bills, consultations, EC law, environmental protection, law reports, local government, railways, Supreme Court by sally

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted January 22nd, 2014 in law reports by sally

Supreme Court

HS2 Action Alliance Ltd, R (on the application of) v The Secretary of State for Transport & Anor [2014] UKSC 3 (22 January 2014)

Marley v Rawlings & Anor [2014] UKSC 2 (22 January 2014)

Court of Appeal (Criminal Division)

Topland Portfolio No. 1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18 (21 January 2014)

Lewis & Ors v R [2014] EWCA Crim 48 (21 January 2014)

Court of Appeal (Civil Division)

Hicks & Ors, R (on the application of) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3 (22 January 2014)

Bolton & Ors v St Anselm Development Company Ltd [2014] EWCA Civ 27 (22 January 2014)

B (A Child), Re [2014] EWCA Civ 19 (21 January 2014)

Price & Anor v Davis & Anor [2014] EWCA Civ 26 (21 January 2014)

High Court (Queen’s Bench Division)

M A Lloyd & Sons Ltd (t/a KPM Marine) v PPC International Ltd (t/a Professional Powercraft) [2014] EWHC 41 (QB) (20 January 2014)

Ecclestone v Khyami [2014] EWHC 29 (QB) (20 January 2014)

Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB) (20 January 2014)

High Court (Administrative Court)

KS v The City of Bradford Metropolitan District Council [2014] EWHC 11 (Admin) (10 January 2014)

Halite Energy Group Ltd v Secretary of State for Energy and Climate Change [2014] EWHC 17 (Admin) (17 January 2014)

O v Secretary of State for Education & Anor [2014] EWHC 22 (Admin) (17 January 2014)

Source: www.bailii.org

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted January 22nd, 2014 in assisting offenders, foreign jurisdictions, government departments, intelligence services, judicial review, law reports, weapons by sally

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 24; [2013] WLR (D) 14

‘The English court would not adjudicate, either as a question of justiciability or as a matter of discretion, on a claim which sought to characterise the actions of United Kingdom officials passing on locational intelligence to officials of the United States of America for use in drone strikes as secondary criminal offences either under domestic criminal law or international humanitarian law, because such relief would necessarily entail a condemnation of the activities of a foreign sovereign state.’

WLR Daily, 20th January 2014

Source: www.iclr.co.uk

Buzzoni and others v Revenue and Customs Comrs – WLR Daily

Posted January 22nd, 2014 in covenants, gifts, inheritance tax, law reports, leases by sally

Buzzoni and others v Revenue and Customs Comrs [2013] EWCA Civ 1684; [2014] WLR (D) 13

‘Whether property disposed of by way of gift was enjoyed to the entire or virtually entire exclusion of any benefit to the donor by contract or otherwise, and whether it constituted property “subject to a reservation” within the meaning of section 102(1)(b) of the Finance Act 1986 for the purposes of inheritance tax under the Inheritance Act 1984, depended not on whether the donor had obtained a benefit from the gifted property but whether the donee’s enjoyment of that property remained exclusive. If the benefit to the donor had no impact on, was irrelevant to and made no or virtually no difference to the donee’s enjoyment, the donee’s enjoyment was to the entire or virtually entire exclusion of any benefit to the donor and, therefore, the gifted property would be an exempt transfer and not subject to inheritance tax.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 21st, 2014 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2 (20 January 2014)

Khan, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs [2014] EWCA Civ 24 (20 January 2014)

Thevarajah v Riordan & Ors [2014] EWCA Civ 15 (16 January 2014)

High Court (Queen’s Bench Division)

Vidal -Hall & Ors v Google Inc [2014] EWHC 13 (QB) (16 January 2014)

Sardar v NHS Commissioning Board [2014] EWHC 38 (QB) (16 January 2014)

High Court (Chancery Division)

Dinsdale Moorland Services Ltd v Evans & Ors [2014] EWHC 2 (Ch) (16 January 2014)

Enasarco v Lehman Brothers Finance SA & Anor [2014] EWHC 34 (Ch) (16 January 2014)

High Court (Family Division)

Practice Guidance (Transparency in the Family Courts) [2014] EWHC B3 (Fam) (16 January 2014)

H v W [2013] EWHC 4105 (Fam) (20 December 2013)

High Court (Administrative Court)

Lumsdon & Ors, R (On the Application Of) v Legal Services Board [2014] EWHC 28 (Admin) (20 January 2014)

Holywell Property (St Albans) Ltd v Dacorum Borough Council & Anor [2014] EWHC 32 (Admin) (16 January 2014)

Gaviria -Manrique v The Secretary of State for the Home Department [2014] EWHC 33 (Admin) (16 January 2014)

High Court (Commercial Court)

Unite the Union v Liverpool Victoria Banking Services Ltd & Ors [2014] EWHC 19 (Comm) (20 January 2014)

Source: www.bailii.org

John Mander Pension Scheme Trustees Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 21st, 2014 in appeals, income tax, law reports, pensions, taxation by sally

John Mander Pension Scheme Trustees Ltd v Revenue and Customs Comrs [2013] EWCA Civ 1683; [2014] WLR (D) 12

‘Where the revenue gave notice of its withdrawal of approval of a pension scheme under section 591B(1) of the Income and Corporation Taxes Act 1988, the date for the purposes of section 591C(1) when the charge to tax arose in respect of that scheme was the date when approval of the scheme was withdrawn and not the date from which approval ceased to continue.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

Posted January 21st, 2014 in appeals, child abduction, EC law, families, law reports, residence orders, Supreme Court by sally

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Secretary of State for the Home Department v MG – WLR Daily

Posted January 20th, 2014 in child cruelty, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports by sally

Secretary of State for the Home Department v MG (Case C-400/12); [2014] WLR (D) 4

‘The ten-year period of residence in article 28(3)(a) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77) had to be continuous and calculated by counting back from the date of the decision ordering the expulsion of the person concerned. A period of imprisonment was, in principle, capable both of interrupting the continuity of the period of residence for the purposes of that provision and of affecting the decision regarding the grant of the enhanced protection provided for thereunder, even where the person concerned resided in the host member state for the ten years prior to imprisonment. However, the fact that that person resided in the host member state for the ten years prior to imprisonment could be taken into consideration as part of the overall assessment required in order to determine whether the integrating links previously forged with the host member state had been broken.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

In re E (A Child) – WLR Daily

Posted January 20th, 2014 in care orders, children, EC law, human rights, jurisdiction, law reports, reporting restrictions by sally

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2014 in appeals, citizenship, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports, married persons by sally

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Reyes v Migrationsverket – WLR Daily

Posted January 20th, 2014 in EC law, families, freedom of movement, law reports by sally

Reyes v Migrationsverket (Case C-423/12); [2014] WLR (D) 6

‘Under article 2(2)(c) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), a member state could not require a direct descendant who was 21 years old or older to have tried unsuccessfully to obtain employment or to obtain subsistence support from the authorities of his country of origin and/or otherwise to support himself in order to be regarded as dependent and thus come within the definition of a “family member”. The fact that a relative—due to personal circumstances such as age, education and health—was deemed to be well placed to obtain employment and in addition intended to start work in the member state did not affect the interpretation of “dependent”.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH – WLR Daily

Posted January 20th, 2014 in agency, EC law, law reports, taxation, VAT by sally

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH (Case C-300/12); [2014] WLR (D) 8

‘Under the provisions of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member states relating to turnover taxes—common system of value added tax: uniform basis of assessment, the principles laid down by the Court of Justice in Elida Gibbs v Customs and Excise Comrs (Case C-317/94) [1997] QB 499 concerning the determination of the taxable amount of the VAT did not apply when a travel agent, acting as an intermediary, granted to the final consumer, on the travel agent’s own initiative and at his own expense, a price reduction on the principal service provided by the tour operator.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk