Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474
‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473
‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470
‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’
WLR Daily, 4th December 2013
Source: www.iclr.co.uk
HTC Corpn v Nokia Corpn: [2013] EWHC 3778 (Pat); [2013] WLR (D) 468
‘The criteria to be applied in deciding whether or not to grant an injunction for infringement of intellectual property rights were those of efficacy, proportionality, dissuasiveness, the avoidance of creating barriers to legitimate trade and the provision of safeguards against abuse as set out in article 3(2) of Parliament and Council Directive 2004/48/EC.’
WLR Daily, 3rd December 2013
Source: www.iclr.co.uk
Rayner v Legal Services Commission: [2013] WLR (D) 467
‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’
WLR Daily, 2nd December 2013
Source: www.iclr.co.uk
Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537; [2013] WLR (D) 466
‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Supreme Court
Martin Corey, Re for Judicial Review (Northern Ireland) [2013] UKSC 76 (4 December 2013)
Court of Appeal (Criminal Division)
Khan & Ors v R [2013] EWCA Crim 2230 (04 December 2013)
Court of Appeal (Civil Division)
Roberts v Hook & Anor [2013] EWCA Civ 1564 (04 December 2013)
Harrison & Ors v Technical Sign Company Ltd & Ors [2013] EWCA Civ 1569 (04 December 2013)
EU Plants Ltd v Wokingham Borough Council [2013] EWCA Civ 1542 (04 December 2013)
Secretary of State for Work and Pensions v MM & Anor [2013] EWCA Civ 1565 (04 December 2013)
High Court (Chancery Division)
Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch) (04 December 2013)
Palmer & Harvey McLane Ltd v Garrad & Anor [2013] EWHC 3810 (Ch) (04 December 2013)
High Court (Administrative Court)
Robinson, R (on the application of) v HMP Whatton & Anor [2013] EWHC 3777 (Admin) (04 December 2013)
Source: www.bailii.org
Supreme Court, 4th December 2013
In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)
Supreme Court, 4th December 2013
‘From the longest case in English legal history to Lord Denning’s rulings, judicial decisions are a law student’s bread and butter.’
The Guardian, 4th December 2013
Source: www.guardian.co.uk
Court of Appeal (Civil Division)
Nemeti & Ors v Sabre Insurance Co Ltd [2013] EWCA Civ 1555 (03 December 2013)
High Court (Queen’s Bench Division)
Tradebe Solvent Recycling Ltd v Coussens of Bexhill Ltd [2013] EWHC 3786 (QB) (02 December 2013)
Back Office Ltd v Percival & Ors [2013] EWHC 3776 (QB) (03 December 2013)
High Court (Chancery Division)
Rees & Anor v Gateley Wareing (a firm) & Anor [2013] EWHC 3708 (Ch) (03 December 2013)
Magyar Telecom B.V.Magyar Telecom B.V., Re [2013] EWHC 3800 (Ch) (03 December 2013)
High Court (Patents Court)
HTC Corporation v Nokia Corporation [2013] EWHC 3778 (Pat) (03 December 2013)
Source: www.bailii.org
‘Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer (as amended by Parliament and Council Directive 2002/74/EC of 23 September 2002) did not preclude national legislation which did not guarantee wage claims falling due more than six months before the commencement of an action seeking a declaration that the employer was insolvent, even where the workers initiated, prior to the start of that period, legal proceedings against their employer with a view to obtaining a determination of the amount of those claims and an enforcement order to recover those sums.’
WLR Daily, 28th November 2013
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Brown, R. v [2013] EWCA Crim 2023 (29 October 2013)
Dyer & Ors, R. v [2013] EWCA Crim 2114 (05 November 2013)
Docherty -Puncheon, R. v [2013] EWCA Crim 2027 (29 October 2013)
Court of Appeal (Civil Division)
Bloy v Motor Insurers’ Bureau [2013] EWCA Civ 1543 (29 November 2013)
Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 (29 November 2013)
High Court (Queen’s Bench Division)
Schumann & Anor v Wasbrough [2013] EWHC 3730 (QB) (29 November 2013)
Dewji v Banwaitt [2013] EWHC 3746 (QB) (29 November 2013)
High Court (Chancery Division)
Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 3759 (Ch) (29 November 2013)
Rivertrade Ltd v EMG Finance Ltd & Ors [2013] EWHC 3745 (Ch) (28 November 2013)
High Court (Administrative Court)
Sanders & Anor v Airports Commission & Anor [2013] EWHC 3754 (Admin) (02 December 2013)
High Court (Family Division)
W v H [2013] EWHC 3756 (Fam) (29 November 2013)
High Court (Commercial Court)
High Court (Patents Court)
Actavis UK Ltd v Eli Lilly & Company [2013] EWHC 3749 (Pat) (27 November 2013)
Source: www.bailii.org
Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464
‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’
WLR Daily, 29th November 2013
Source: www.iclr.co.uk
Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463
‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’
WLR Daily, 29th November 2013
Source: www.iclr.co.uk
Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462
‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’
WLR Daily, 28th November 2013
Source: www.iclr.co.uk
In re B (A Child) (Care Proceedings: Habitual Residence) [2013] EWCA Civ 1434; [2013] WLR (D) 461
‘Where a child was habitually resident in Sweden at the time when the courts of England and Wales were seised of care proceedings relating to the child, the fact that there were no extant proceedings relating to the child in Sweden did not prevent the Swedish courts having jurisdiction under article 8 of Council Regulation (EC) No 2201/2003.’
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
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