law reports – Page 124 – Current Awareness

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

Posted November 22nd, 2013 in advertising, appeals, Christianity, 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

General Dental Council v Fajemisin – WLR Daily

Posted November 22nd, 2013 in dentists, disciplinary procedures, jurisdiction, law reports by sally

General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin); [2013] WLR (D) 447

“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

AS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1469 (21 November 2013)

C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)

SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November 2013)

L, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1481 (21 November 2013)

D, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1480 (21 November 2013)

Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1483 (21 November 2013)

IPCom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (21 November 2013)

Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498 (21 November 2013)

Court of Appeal (Criminal Division)

Wells v R [2013] EWCA Crim 2043 (19 November 2013)

High Court (Commercial Court)

LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm) (21 November 2013)

BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 3612 (Comm) (21 November 2013)

Credit Suisse AG v Up Energy Group Ltd [2013] EWHC 3611 (Comm) (21 November 2013)

High Court (Queen’s Bench Division)

New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)

Douglas v The Ministry of Justice [2013] EWHC 3640 (QB) (21 November 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 21st, 2013 in law reports by sally

Supreme Court

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

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

Court of Appeal (Criminal Division)

Fields & Ors v R. [2013] EWCA Crim 2042 (14 November 2013)

Court of Appeal (Civil Division)

Lanfear v Chandler [2013] EWCA Civ 1497 (20 November 2013)

Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)

Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc & Ors [2013] EWCA Civ 1484 (20 November 2013)

High Court (Queen’s Bench Division)

GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)

High Court (Chancery Division)

Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Anor [2013] EWHC 3624 (Ch) (20 November 2013)

Pennyfeathers Ltd & Ors v Pennyfeathers Property Company Ltd & Ors [2013] EWHC 3530 (Ch) (19 November 2013)

High Court (Administrative Court)

Obi v The Solicitors Regulation Authority [2013] EWHC 3578 (Admin) (20 November 2013)

Arshad v Court of Magistrates Malta [2013] EWHC 3619 (Admin) (20 November 2013)

High Court (Family Division)

G v B (Rev 1) [2013] EWHC 3414 (Fam) (07 November 2013)

High Court (Technology and Construction Court)

Westshield Ltd v Whitehoue & Anor [2013] 3576 EWHC (TCC) (18 November 2013)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2013] EWHC 3618 (Comm) (20 November 2013)

Transition Feeds LLP v Itochu Europe Plc [2013] EWHC 3629 (Comm) (15 November 2013)

Source: www.bailii.org

Maletic and another v lastminute.com and another – WLR Daily

Posted November 21st, 2013 in conflict of laws, consumer protection, contracts, EC law, jurisdiction, law reports, regulations by sally

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily

Posted November 21st, 2013 in EC law, freedom of establishment, law reports, media by sally

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) (Case C-221/12); [2013] WLR (D) 443

“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 72 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, extradition, government departments, law reports, Supreme Court, warrants by sally

Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) [2013] UKSC 71 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted November 20th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Wells v R [2013] EWCA Crim 2043 (19 November 2013)

Court of Appeal (Civil Division)

E D and F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH & Ors [2013] EWCA Civ 1449 (19 November 2013)

Ryanair Ltd v Esso Italiana Srl [2013] EWCA Civ 1450 (19 November 2013)

Leicester City Council v Shearer [2013] EWCA Civ 1467 (19 November 2013)

London Christian Radio Ltd & Anor, R (on the application of) v Radio Advertising Clearance Centre & Anor [2013] EWCA Civ 1495 (19 November 2013)

High Court (Queen’s Bench Division)

Mireskandari v Centaur Media Plc [2013] EWHC 3551 (QB) (19 November 2013)

High Court (Chancery Division)

Cody v Murray & Ors [2013] EWHC 3448 (Ch) (19 November 2013)

High Court (Administrative Court)

Fajemisin v The General Dental Council [2013] EWHC 3501 (Admin) (19 November 2013)

JB Trustees Ltd & Ors v Secretary of State for Communities and Local Government & Ors [2013] EWHC 3555 (Admin) (18 November 2013)

High Court (Family Division)

Surrey County Council v Al-Hilli & Anor [2013] EWHC 3404 (Fam) (04 November 2013)

Source: www.bailii.org

Regina v Sakalauskas – WLR Daily

Posted November 20th, 2013 in appeals, energy, fraud, law reports by sally

Regina v Sakalauskas [2013] WLR (D) 442

“‘Any article’ in section 6(1) of the Fraud Act 2006 meant any article the defendant had with him for the purpose or intention of using in the course of or in connection with any fraud and use necessarily related to use in the future and not articles which had been used in the past.”

WLR Daily, 15th November 2013

Source: www.iclr.co.uk

Aspinalls Club Ltd v Revenue and Customs Comrs – WLR Daily

Posted November 20th, 2013 in appeals, gambling, law reports, taxation, tribunals by sally

Aspinalls Club Ltd v Revenue and Customs Comrs 2013 EWCA Civ 1464; [2013] WLR (D) 441

“For the purposes of section 11 of the Finance Act 1997, when calculating the ‘gross gaming yield’ from gaming taking place on a gaming club’s premises, commissions and rebates paid and allowed by the gambling club to its customers under incentive schemes there were not to be taken into account as reducing the amount of ‘banker’s profits’ from dutiable gaming.”

WLR Daily, 15th November 2013

Source: www.iclr.co.uk

Regina v Fields and others – WLR Daily

Posted November 20th, 2013 in appeals, assets recovery, confiscation, conspiracy, law reports, proceeds of crime, proportionality by sally

Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440

“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily

Posted November 20th, 2013 in closed material, damages, detention, disclosure, government departments, intelligence services, law reports, public interest immunity by sally

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others [2013] EWHC 3402 (QB); [2013] WLR (D) 439

“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Starbucks (HK) Ltd & Anor vBritish Sky Broadcasting Group Plc & Ors [2013] EWCA Civ 1465 (15 November 2013)

Hunt (Liquidator of Ovenden Colbert Printers Ltd) v Hosking & Ors [2013] EWCA Civ 1408 (15 November 2013)

High Court (Queen’s Bench Division)

PBD & Anor v Greater Manchester Police [2013] EWHC 3559 (QB) (18 November 2013)

High Court (Chancery Division)

Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 3479 (Ch) (13 November 2013)

Barratt & Ors v Treatt Plc [2013] EWHC 3561 (Ch) (15 November 2013)

High Court (Family Division)

A v A [2013] EWHC 3554 (Fam) (07 November 2013)

High Court (Administrative Court)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2013] EWHC 3558 (Admin) (15 November 2013)

All About Rights Law Practice, R (on the application of) v The Lord Chancellor [2013] EWHC 3461 (Admin) (15 November 2013)

High Court (Technology and Construction Court)

BMG (Mansfield) Ltd & Ors v Galliford Try Construction Ltd & Ors [2013] EWHC 3468 (TCC) (15 November 2013)

High Court (Commercial Court)

DS -Rendite-Fonds Nr106 VLCC & Ors v Titan Maritime SA & Ors [2013] EWHC 3492 (Comm) (13 November 2013)

Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2013] EWHC 3494 (Comm) (18 November 2013)

CIFAL Groupe S.A. Grontmij Investment Management S.A.S. & Ors v Meridian Securities (UK) Ltd & Ors [2013] EWHC 3553 (Comm) (15 November 2013)

Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [2013] EWHC 3560 (Comm) (15 November 2013)

Source: www.bailii.org

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily

Posted November 19th, 2013 in criminal procedure, imprisonment, law reports, news, remand, sentencing by sally

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin [2013] EWCA Crim 1994; [2013] WLR (D) 438

“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court

Posted November 18th, 2013 in appeals, damages, EC law, indemnities, insurance, law reports, Supreme Court by sally

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) [2013] UKSC 70 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court

Posted November 18th, 2013 in appeals, assets recovery, economic loss, HM Revenue & Customs, jurisdiction, law reports, Supreme Court, taxation by sally

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) [2013] UKSC 69 | UKSC 2012/0062 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

TFL Management Services Ltd v Lloyds Bank plc – WLR Daily

Posted November 18th, 2013 in appeals, banking, costs, law reports, restitution by sally

TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437

“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily

Posted November 18th, 2013 in administrators, appeals, employment, law reports, sport, transfer of undertakings, unfair dismissal by sally

Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436

“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Moss v The Queen – WLR Daily

Posted November 15th, 2013 in appeals, criminal justice, homicide, law reports, Privy Council, sentencing by sally

Moss v The Queen: [2013] UKPC 32; [2013] WLR (D) 434

“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk