Category: law reports

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council – WLR Daily

Posted November 29th, 2013 in care homes, fees, law reports, local government, social services by sally

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council [2013] WLR (D) 460

“The Court of Appeal gave guidance as to how to assess whether a local authority had (i) complied with its statutory duty to provide accommodation and social care services to adults in its area who, by reason of age, illness, disability or any other circumstances, were in need of care and attention which was not otherwise available to them, and (ii) followed guidance contained in a local authority circular, by having ‘due regard’ to the actual costs of providing care and other local factors.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Isis Investments Ltd v Oscatello Investments Ltd and others – WLR Daily

Posted November 29th, 2013 in appeals, banking, conflict of interest, EC law, jurisdiction, law reports by sally

Isis Investments Ltd v Oscatello Investments Ltd and others [2013] EWCA Civ 1493; [2013] WLR (D) 459

“Articles 10(2)(e) and 32 of Council Directive 2001/24/EC required a careful construction of the phrases ‘lawsuits pending’ and ‘pending lawsuit’ if one were to rely on the provisions in order to permit a departure from the general principle contained within article 10(1) that a credit institution should be wound up in accordance with the laws of its home member state.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

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

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Blythe v Ministry of Defence – WLR Daily

Posted November 29th, 2013 in consent orders, damages, law reports, time limits by sally

Blythe v Ministry of Defence [2013] WLR (D) 457

“The court had power to extend the time specified in a consent order for an award of provisional damages made under RSC Ord 37, r 8 for the claimant to make an application for further damages notwithstanding that the claimant’s application for an extension was not made until after the expiry of the specified period.”

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Bull and another (Appellants) v Hall and another (Respondents) On Appeal from the Court of Appeal (Civil Division) (England and Wales) – Supreme Court

Posted November 29th, 2013 in appeals, Christianity, homosexuality, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 | UKSC 2012/0065 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by sally

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Preddy v Bull and another; Hall v Same – WLR Daily

Posted November 28th, 2013 in appeals, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Preddy v Bull and another; Hall v Same: [2013] UKSC 73;   [2013] WLR (D)  454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by sally

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Oboh and others v Secretary of State for the Home Department – WLR Daily

Posted November 28th, 2013 in appeals, EC law, families, freedom of movement, law reports by sally

Oboh and others v Secretary of State for the Home Department: [2013] EWCA Civ 1525; [2013] WLR (D) 452

‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisons

Posted November 28th, 2013 in law reports by sally

Supreme Court

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013)

Bull & Anor v Hall & Anor [2013] UKSC 73 (27 November 2013)

Court of Appeal (Civil Division)

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514 (28 November 2013)

Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 (27 November 2013)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWCA Civ 1493 (27 November 2013)

Farrer (p/a Farrer Huxley Associates) & Anor v Wiles [2013] EWCA Civ 1511 (27 November 2013)

PK Congo v Secretary of State for the Home Department [2013] EWCA Civ 1500 (27 November 2013)

High Court (Administrative Court)

Alansi, R (on the application of) v London Borough of Newham [2013] EWHC 3722 (Admin) (27 November 2013)

Devon & Cornwall Police v HM Coroner for Plymouth, Torbay and South Devon & Ors [2013] EWHC 3729 (Admin) (27 November 2013)

Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor [2013] EWHC 3684 (Admin) (27 November 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin) (27 November 2013)

Cotswold District Council v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3719 (Admin) (27 November 2013)

McKay v Secretary of State for Justice [2013] EWHC 3728 (Admin) (27 November 2013)

High Court (Commercial Court)

Galaxy Energy International Ltd v Murco Petroleum Ltd [2013] EWHC 3720 (Comm) (27 November 2013)

Venetico Marine SA v International General Insurance Company Ltd & Ors [2013] EWHC 3644 (Comm) (27 November 2013)

High Court (Patents Court)

Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)

High Court (Queen’s Bench Division)

John Ruskin College v Harley [2013] EWHC 3714 (QB) (26 November 2013)

Source: www.bailii.org

 

BAILII: Recent Decisions

Posted November 27th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Makdessi v Cavendish Square Holdings BV & Anor (Commital) [2013] EWCA Civ 1540 (26 November 2013)

Makdessi v Cavendish Square Holdings BV & Anor (Appeal) [2013] EWCA Civ 1539 (26 November 2013)

AA (Iran), R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWCA Civ 1523 (26 November 2013)

High Court (Chancery Division)

JSC BTA Bank v Ablyazov [2013] EWHC 3691 (Ch) (26 November 2013)

High Court (Commercial Court)

Bannai v Erez [2013] EWHC 3689 (Comm) (26 November 2013)

Source: www.bailii.org

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by sally

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D)  450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisons

Posted November 26th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Oboh & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1525 (25 November 2013)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515 (25 November 2013)

High Court (Queen’s Bench Division)

Croesus Financial Services Ltd v Bradshaw & Anor [2013] EWHC 3685 (QB) (25 November 2013)

Source: www.bailii.org

Dixons Retail plc v Revenue and Customs Commissioners – WLR Daily

Posted November 25th, 2013 in consumer credit, EC law, fraud, law reports, sale of goods, VAT by sally

Dixons Retail plc v Revenue and Customs Commissioners: (Case C-494/12);   [2013] WLR (D)  448

‘Pursuant to articles 2(1), 5(1) and 11A(1)(a) of Sixth Council Directive 77/388/EEC and articles 2(1)(a), 14(1) and 73 of Council Directive 2006/112/EC, the physical transfer of goods to a purchaser who had fraudulently used a bank card as a means of payment constituted a “supply of goods” within the meaning of articles 2(1) and 5(1) of Directive 77/388 and articles 2(1)(a) and 14(1) of Directive 2006/112 and, in the context of such a transfer, the payment made by a third party, under an agreement concluded between it and the supplier of those goods by which the third party undertook to pay the supplier for the goods sold by the latter to purchasers using such a card as a means of payment, constituted “consideration” within the meaning of article 11A(1)(a) of Directive 77/388 and article 73 of Directive 2006/112.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre – WLR Daily

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by sally

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 25th, 2013 in law reports by sally

Supreme Court

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)

Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)

Court of Appeal (Civil Division)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2013] EWCA Civ 1512 (22 November 2013)

Gabriel v Little & Ors [2013] EWCA Civ 1513 (22 November 2013)

High Court (Administrative Court)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 4) [2013] EWHC 3573 (Admin) (22 November 2013)

Stadium Capital Holdings No 2 Ltd & Anor v Secretary of State for Communities & Anor [2013] EWHC 3548 (Admin) (22 November 2013)

Scrivens v Secretary of State for Communities & Local Government [2013] EWHC 3549 (Admin) (22 November 2013)

High Court (Family Division)

Young v Young [2013] EWHC 3637 (Fam) (22 November 2013)

Tchenquiz -Imerman v Imerman [2013] EWHC 3627 (Fam) (22 November 2013)

High Court (Queen’s Bench Division)

X Y Z v Various companies (PIP Breast Implant Litigation) [2013] EWHC 3643 (QB) (22 November 2013)

Wicks v Parkin & Ors [2013] EWHC 3671 (QB) (22 November 2013)

Source: www.bailii.org

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Posted November 22nd, 2013 in appeals, EC law, extradition, government departments, law reports, Supreme Court, warrants by sally

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71;   [2013] WLR (D)  446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk