law reports – Page 120 – Current Awareness

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, law reports, news, witnesses by sally

MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509

‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Regina (Evans) v Cornwall Council – WLR Daily

Posted January 8th, 2014 in agriculture, judicial review, law reports, local government, planning by sally

Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510

‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted January 8th, 2014 in aircraft, human rights, jurisdiction, law reports, patents by sally

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) [2013] EWCA Civ 1713 ; [2013] WLR (D) 511

‘The English Patents Court had no jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent on an application under article 6 of the European Convention on Human Rights and Fundamental Freedoms, since the United Kingdom’s sovereign power in relation to that issue had been surrendered to the EPO under the European Patent Convention (EPC).’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 7th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Joshi & Ors v Mahida [2013] EWCA Civ 1327 (17 October 2013)

Waterside Finance Ltd & Ors v Karim [2013] EWCA Civ 1322 (03 October 2013)

Hussain v King Edward VII Hospital [2013] EWCA Civ 1709 (23 May 2013)

Hospira UK Generics (UK) Ltd (t/a Mylan) v Novartis AG [2013] EWCA Civ 1663 (19 December 2013)

High Court (Queen’s Bench Division)

Schellenberg v The British Broadcasting Corporation (BBC) [1999] EWHC 851 (QB) (22 June 1999)

High Court (Administrative Court)

Powlesland v Director of Public Prosecutions [2013] EWHC 3846 (Admin) (09 December 2013)

High Court (Chancery Division)

Joshi & Ors v Mahida [2013] EWHC 486 (Ch) (08 March 2013)

Source: www.bailii.org

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

Posted January 6th, 2014 in appeals, breach of trust, complaints, confidentiality, data protection, disciplinary procedures, doctors, hospitals, law reports, privacy, professional conduct, Supreme Court by sally

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted January 6th, 2014 in appeals, assault, detention, hospitals, law reports, mental health, rape, Scotland, Supreme Court by sally

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted January 6th, 2014 in law reports by sally

Supreme Court

AA v Entry Clearance Officer (Addis Ababa) [2013] UKSC 81 (18 December 2013)

G v Scottish Ministers & Anor [2013] UKSC 79 (18 December 2013)

West London Mental Health NHS Trust v Chhabra [2013] UKSC 80 (18 December 2013)

Court of Appeal (Criminal Division)

RP v R. [2013] EWCA Crim 2331 (18 December 2013)

Court of Appeal (Civil Division)

Samuda v Secretary of State for Work and Pensions & Anor [2014] EWCA Civ 1 (02 January 2014)

High Court (Queen’s Bench Division)

AB v CD [2014] EWHC 1 (QB) (03 January 2014)

Schumann & Anor v Wasbrough [2013] EWHC 4070 (QB) (18 December 2013)

High Court (Administrative Court)

GMGRM North Ltd & Ors, R (on the application of) v Ritchie (HM Revenue and Customs Officer) & Anor [2013] EWHC 4115 (Admin) (20 December 2013)

Hockley v Essex County Council [2013] EWHC 4051 (Admin) (20 December 2013)

Forest of Dean District Council v Secretary of State for Communities And Local Government [2013] EWHC 4052 (Admin) (20 December 2013)

Cahill, Re Application for the Setting of A Minimum Term [2013] EWHC 4025 (Admin) (20 December 2013)

High Court (Commercial Court)

Gray v Smith & Ors [2013] EWHC 4136 (Comm) (20 December 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Peel Land And Property Investments Plc v Hyndburn Borough Council [2013] EWCA Civ 1680 (19 December 2013)

Wuhan Guoyu Logistics Group Co Ltd & Anr v Emporiki Bank of Greece Sa [2013] EWCA Civ 1679 (19 December 2013)

High Court (Administrative Court)

Griffiths v Secretary of State for Justice [2013] EWHC 4077 (Admin) (19 December 2013)

Source: www.bailii.org

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by sally

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81; [2013] WLR (D) 499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

In re London Scottish Finance Ltd; Jack and another v Craig and others – WLR Daily

Posted December 19th, 2013 in agreements, consumer credit, law reports by sally

In re London Scottish Finance Ltd; Jack and another v Craig and others [2013] EWHC 4047 (Ch); [2013] WLR (D) 498

‘For the purposes of section 106(d) of the Consumer Act 1974 the words “realisation of the security” should be interpreted conventionally so as to achieve the policy objective stated in section 113(1) that the security provided in relation to a regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In the case of a secured loan to which section 106(d) applied, its provisions did not catch all sums paid by the debtor in discharge of the loan.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Regina v Williams (Dean Arthur) – WLR Daily

Posted December 19th, 2013 in alcoholism, appeals, diminished responsibility, homicide, law reports, mental health by sally

Regina v Williams (Dean Arthur): [2013] WLR (D) 497

‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Buzzoni & Ors v Revenue & Customs, Re the Estate of Lia Kamhi (Deceased)) [2013] EWCA Civ 1684 (19 December 2013)

7722656 Canada Inc & Anor v The Financial Conduct Authority [2013] EWCA Civ 1662 (19 December 2013)

Khan v Royal Mail Group Ltd & Ors [2013] EWCA Civ 1659 (19 December 2013)

John Mander Pension Scheme Trustees Ltd v Revenue & Customs [2013] EWCA Civ 1683 (19 December 2013)

Flanagan & Anor v Greenbanks Ltd (t/a Lazenby Insulation) [2013] EWCA Civ 1702 (19 December 2013)

Lindsay v London School of Economics and Political Science [2013] EWCA Civ 1650 (18 December 2013)

J (Child) [2013] EWCA Civ 1685 (18 December 2013)

Champion, R (On the Application Of) v North Norfolk District Council & Ors (Rev 1) [2013] EWCA Civ 1657 (18 December 2013)

Bristol Alliance Nominee No 1 & Ors v Bennett & Ors [2013] EWCA Civ 1626 (18 December 2013)

Court of Appeal (Criminal Division)

Kwaik, R. v [2013] EWCA Crim 2397 (19 December 2013)

Smith, R. v [2013] EWCA Crim 2388 (18 December 2013)

High Court (Administrative Court)

Sienkiewicz, R (On the Application Of) v South Somerset District Council & Anor [2013] EWHC 4090 (Admin) (19) December 2013)

High Court (Chancery Division)

Patley Wood Farm Llp v Brake & Anor [2013] EWHC 4035 (Ch) (18 December 2013)

Seakom Ltd & Anor v Knowledgepool Group Ltd [2013] EWHC 4007 (Ch) (18 December 2013)

Storm Funding Ltd, Re [2013] EWHC 4019 (Ch) (18 December 2013)

High Court (Commercial Court)

Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm) (18 December 2013)

High Court (Queen’s Bench Division)

Hall v The Ministry of Defence [2013] EWHC 4092 (QB) (19 December 2013)

Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)

Pike & Anor v The Indian Hotels Company Ltd [2013] EWHC 4096 (QB) (19 December 2013)

Kneafsey & Ors v Independent Television News Ltd & Ors [2013] EWHC 4046 (QB) (19 December 2013)

Brown v Hamid, Re Estate of Ronald Brown Deceased [2013] EWHC 4067 (QB) (19 December 2013)

Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)

Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB) (18 December 2013)

High Court (Technology and Construction Court)

Venulum Property Investments Ltd v Space Architects Ltd & Ors [2013] EWHC 3948 (TCC) (17 December 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 18th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Marines A & Ors v Guardian News and Media & Other Media [2013] EWCA Crim 2367 (17 December 2013)

Mahmood & Anor, R v [2013] EWCA Crim 2356 (17 December 2013)

Court of Appeal (Civil Division)

Tiger Aspect Holdings Ltd & Anor v Sunlife Europe Properties Ltd [2013] EWCA Civ 1656 (17 December 2013)

Durrant v Avon & Somerset Constabulary [2013] EWCA Civ 1624 (17 December 2013)

Blemain Finance Ltd v Goulding [2013] EWCA Civ 1630 (17 December 2013)

High Court (Queen’s Bench Division)

Karbhari & Anor v Ahmed [2013] EWHC 4042 (QB) (17 December 2013)

MacLennan v Morgan Sindall (Infrastructure) Plc [2013] EWHC 4044 (QB) (17 December 2013)

JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB) (17 December 2013)

High Court (Chancery Division)

Co-Operative Bank Plc, Re [2013] EWHC 4074 (Ch) (04 December 2013)

Jack & Anor (London Scottish Finance Ltd) v Craig & Ors [2013] EWHC 4047 (Ch) (17 December 2013)

Co-Operative Bank Plc, Re [2013] EWHC 4072 (Ch) (18 November 2013)

High Court (Family Division)

P (A Child) [2013] EWHC 4048 (Fam) (17 December 2013)

Cheema & Ors v Nottingham and Newark Magistrates’ Court & Anor [2013] EWHC 4022 (Admin) (17 December 2013)

A Local Authority v DB (Mother) & Ors [2013] EWHC 4066 (Fam) (06 December 2013)

TM, Re [2013] EWHC 4043 (Fam) (12 December 2013)

P, Re [2013] EWHC 4037 (Fam) (13 December 2013)

High Court (Administrative Court)

Solicitors Regulation Authority v Anderson Solicitors & Ors [2013] EWHC 4021 (Admin) (17 December 2013)

Ramsden, R (on the application of) v Independent Police Complaints Commission & Anor [2013] EWHC 3969 (Admin) (12 December 2013)

Scottish Widows Plc & Ors v Cherwell District Council & Ors [2013] EWHC 3968 (Admin) (17 December 2013)

Fulford Parish Council, R (on the application of) v City of York Council & Ors [2013] EWHC 3924 (Admin) (12 December 2013)

Source: www.bailii.org

Regina v Padda – WLR Daily

Posted December 18th, 2013 in appeals, assets recovery, confiscation, human rights, law reports, proceeds of crime, proportionality, restraint orders by sally

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

In re A (Children) (Adoption: Placement Order) – WLR Daily

Posted December 17th, 2013 in adoption, appeals, law reports by sally

In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494

‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk