Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by sally

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 – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by sally

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

BAILII: Recent Decisions

Posted December 5th, 2013 in law reports by sally

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)

Odigie, R (on the application of) v Secretary of State for Justice [2013] EWHC 3795 (Admin) (04 December 2013)

Robinson, R (on the application of) v HMP Whatton & Anor [2013] EWHC 3777 (Admin) (04 December 2013)

Kumar, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3794 (Admin) (04 December 2013)

Source: www.bailii.org

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) – Supreme Court

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) [2013] UKSC 76 | UKSC 2012/0217 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of KL (A Child) – Supreme Court

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

The essential cases every law student should know – The Guardian

Posted December 5th, 2013 in law reports, legal education, news by sally

‘From the longest case in English legal history to Lord Denning’s rulings, judicial decisions are a law student’s bread and butter.’

Full story

The Guardian, 4th December 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 4th, 2013 in law reports by sally

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)

Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2013] EWHC 3768 (Pat) (03 December 2013)

HTC Corporation v Nokia Corporation [2013] EWHC 3778 (Pat) (03 December 2013)

Source: www.bailii.org

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) – WLR Daily

Posted December 4th, 2013 in EC law, employment, enforcement, insolvency, law reports, remuneration by sally

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) (Case C‑309/12); [2013] WLR (D) 465

‘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

BAILII: Recent Decisions

Posted December 3rd, 2013 in law reports by sally

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)

European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (a firm)) [2013] EWCA Civ 1545 (02 December 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)

Test Claimants In the Franked Investment Income Group Litigation v Inland Revenue & Anor [2013] EWHC 3757 (Ch) (29 November 2013)

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)

Sellars, R (on the application of) v Basingstoke & Deane Borough Council [2013] EWHC 3673 (Admin) (21 November 2013)

High Court (Family Division)

W v H [2013] EWHC 3756 (Fam) (29 November 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

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 – WLR Daily

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 – WLR Daily

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 – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

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) – WLR Daily

Posted December 2nd, 2013 in care orders, children, EC law, jurisdiction, law reports, news by sally

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

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

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