law reports – Page 121 – Current Awareness

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted January 20th, 2014 in civil procedure rules, company directors, contempt of court, jurisdiction, law reports, Saudi Arabia, service out of jurisdiction by sally

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others [2013] EWHC 4112 (QB); [2013] WLR (D) 9

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

In the matter of LC (Children); In the matter of LC (Children) (No 2) – Supreme Court

Posted January 17th, 2014 in child abduction, children, EC law, families, law reports, residence orders by sally

In the matter of LC (Children)In the matter of LC (Children) (No 2) [2014] UKSC 1

Supreme Court, 15th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Association de médiation sociale v Union locale des syndicats CGT (Union départementale CGT des Bouches-du-Rhône and another intervening) – WLR Daily

Posted January 17th, 2014 in EC law, elections, law reports, trade unions by sally

Association de médiation sociale v Union locale des syndicats CGT (Union départementale CGT des Bouches-du-Rhône and another intervening) (Case C-176/12); [2014] WLR (D) 2

‘Article 27 of the Charter of Fundamental Rights of the European Union, by itself or in conjunction with the provisions of Parliament and Council Directive 2002/14/EC, could not be invoked in a dispute between individuals in order to disapply national provision.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

European Commission v Portuguese Republic (Czech Republic and others intervening) – WLR Daily

Posted January 17th, 2014 in EC law, jurisdiction, law reports, penalties by sally

European Commission v Portuguese Republic (Czech Republic and others intervening) (Case C-292/11 P); [2014] WLR (D) 3

‘In the case where, in the context of verification of compliance with a judgment delivered by the Court of Justice pursuant to article 260FEU of the FEU Treaty, a difference arose between the European Commission and the member state concerned as to whether national legislation or a national practice which the Court of Justice had not examined beforehand was appropriate for ensuring compliance with that judgment, the commission could not, by adopting a decision, resolve such a difference itself and draw from this the necessary inferences for the calculation of the penalty payment.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Regina v Robinson-Pierre [2013] EWCA Crim 2396 – WLR Daily

Posted January 16th, 2014 in appeals, dogs, law reports, strict liability by sally

Regina v Robinson-Pierre [2013] EWCA Crim 2396; [2013] WLR (D) 517

‘An offence of allowing a dog to be dangerously out of control in a public place, contrary to section 3(1) of the Dangerous Dogs Act 1991, was a strict liability offence but nevertheless required proof by the prosecution of an act or omission on the part of the defendant (with or without fault) that to some (more than minimal) degree caused or permitted that prohibited state of affairs to come about.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 16th, 2014 in law reports by sally

Supreme Court

LC (Children), Re [2014] UKSC 1 (15 January 2014)

High Court (Chancery Division)

Eugen Seitz AG v KHS Corpoplast GmbH & Anor [2014] EWHC 14 (Ch) (15 January 2014)

High Court (Queen’s Bench Division)

Bijlani v Unum Ltd [2014] EWHC 27 (QB) (15 January 2014)

High Court (Technology and Construction Court)

Pickard Finlason Partnership Ltd v Lock & Anor [2014] EWHC 25 (TCC) (15 January 2014)

Source: www.bailii.org

Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by sally

Nugent v Nugent: [2013] EWHC 4095 (Ch); [2013] WLR (D) 516

‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 15th, 2014 in law reports by sally

High Court (Administrative Court)

Shaw & Anor v Logue [2014] EWHC 5 (Admin) (13 January 2014)

High Court (Family Division)

E (A Child), Re [2014] EWHC 6 (Fam) (14 January 2014)

S v S [2014] EWHC 7 (Fam) (14 January 2014)

Source: www.bailii.org

DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by sally

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 14th, 2014 in law reports by sally

High Court (Chancery Division)

Key Homes Bradford Ltd & Ors v Patel [2014] EWHC B1 (Ch) (10 January 2014)

Source: www.bailii.org

Prime Sight Ltd v Lavarello – WLR Daily

Posted January 10th, 2014 in contracts, estoppel, law reports, trustees in bankruptcy, winding up by sally

Prime Sight Ltd v Lavarello [2013] UKPC 22; [2013] WLR (D) 514

‘When a deed contained a valid contract of sale the parties were entitled on ordinary contractual principles to rely on the terms of the deed by which the purchase price was treated between the parties as having been paid, even though no payment had in fact been made. In those circumstances the seller’s trustee in bankruptcy was estopped by the terms of the deed from asserting that the purchase price had not been paid.’

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 10th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Robinson-Pierre v R [2013] EWCA Crim 2396 (20 December 2013)

Taylor v R [2013] EWCA Crim 2398 (20 December 2013)

High Court (Administrative Court)

Evans, R (on the application of) v Johnson & Ors [2013] EWHC 4109 (Admin) (20 December 2013)

Daniel, R (on the application of) v East Devon District Council & Anor [2013] EWHC 4114 (Admin) (20 December 2013

An Taisce (The National Trust for Ireland), R (On the Application Of) v The Secretary of State for Energy and Climate Change [2013] EWHC 4161 (Admin) (20 December 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 4141 (Admin) (20 December 2013

London Borough of Islington & Anor v Secretary of State for Communities & Local Government [2013] EWHC 4009 (Admin) (20 December 2013)

London Borough of Islington & Ors v Mayor of London & Ors [2013] EWHC 4142 (Admin) (20 December 2013)

High Court (Chancery Division)

Nugent v Nugent [2013] EWHC 4095 (Ch) (20 December 2013)

Ali Haider v Syed [2013] EWHC 4079 (Ch) (19 December 2013)

High Court (Commercial Court)

Bank of India v Svizera Holdings BV [2013] EWHC 4097 (Comm) (20 December 2013)

B.A.T. Industries Plc v Windward Prospects Ltd & Anor [2013] EWHC 4087 (Comm) (20 December 2013)

High Court (Family Division)

Button v Salama [2013] EWHC 4152 (Fam) (19 December 2013)

Kinderis v Kineriene [2013] EWHC 4139 (Fam) (18 December 2013)

High Court (Patents Court)

Blue Gentian Llc & Anor v Tristar Products (UK) Ltd & Anor [2013] EWHC 4098 (Pat) (20 December 2013)

Source: www.bailii.org

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘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