law reports – Page 125 – Current Awareness

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

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

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