law reports – Page 125 – Current Awareness

“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by sally

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346: [2013] WLR (D) 431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 14th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)

Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410 (13 November 2013)

CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435 (13 November 2013)

Court of Appeal (Criminal Division)

Stocker, R v [2013] EWCA Crim 1993 (13 November 2013)

High Court (Administrative Court)

Eastwood, R (on the application of) v The Royal Borough of Windsor & Maidenhead [2013] EWHC 3476 (Admin) (13 November 2013)

High Court (Family Division)

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)

High Court (Technology and Construction Court)

GSMA Ltd v Europa Technologies Ltd [2013] EWHC 3451 (TCC) (12 November 2013)

Source: www.bailii.org

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Posted November 13th, 2013 in administrators, appeals, hospitals, law reports, local government, ministers' powers and duties, ultra vires by sally

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA [2013] WLR (D) 430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 13th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Scott v Russell [2013] EWCA Civ 1432 (12 November 2013)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWCA Civ 1377 (12 November 2013)

JS (Sudan), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1378 (12 November 2013)

Court of Appeal (Criminal Division)

Leacock & Ors, R v [2013] EWCA Crim 1994 (12 November 2013)

High Court (Administrative Court)

The Enfield London Borough Council, R (on the application of) v Barnet Clinical Commissioning Group & Ors [2013] EWHC 3496 (Admin) (12 November 2013)

Source: www.bailii.org

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by sally

Marwaha and others v Singh and others: [2013] WLR (D) 429

“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 12th, 2013 in law reports by sally

High Court (Commercial Court)

Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors [2013] EWHC 3457 (Comm) (08 November 2013)

Deutsche Bank AG v Sebastian Holdings Inc (Rev 1) [2013] EWHC 3463 (Comm) (08 November 2013)

High Court (Queen’s Bench Division)

Krause v Newsquest Media Group Ltd & Anor [2013] EWHC 3400 (QB) (11 November 2013)

J M Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB) (08 November 2013)

High Court (Technology and Construction Court)

Roe Brickwork Ltd v Wates Construction Ltd [2013] EWHC 3417 (TCC) (11 November 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 11th, 2013 in law reports by michael

Court of Appeal (Civil Division)

Trust Special Administrator Appointed To South London Healthcare NHS Trust & Anor v London Borough of Lewisham & Anor (Rev 1) [2013] EWCA Civ 1409 (08 November 2013)

Graiseley Properties Ltd & Ors v Deutche Bank AG & Ors [2013] EWCA Civ 1372 (08 November 2013)

Court of Appeal (Criminal Division)

Shirley, R v (Rev 1) [2013] EWCA Crim 1990 (08 November 2013)

High Court (Administrative Court)

Krebs v NHS Commissioning Board [2013] EWHC 3474 (Admin) (11 November 2013)

Bhatnagar v The General Medical Council [2013] EWHC 3412 (Admin) (11 November 2013)

Brodziak v Circuit Court In Warsaw, Poland [2013] EWHC 3394 (Admin) (11 November 2013)

Merlot 73 Ltd, R (on the application of) v City of Westminster Magistrates Court & Anor [2013] EWHC 3416 (Admin) (08 November 2013)

Thangarasa, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWHC 3415 (Admin) (08 November 2013)

Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)

Source: www.bailii.org

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily

Posted November 11th, 2013 in EC law, homosexuality, imprisonment, law reports, proportionality, refugees, sexual orientation discrimination by michael

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12); [2013] WLR (D) 427

“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11); [2013] WLR (D) 428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

Posted November 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by michael

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342; [2013] WLR (D) 424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening) – WLR Daily

Posted November 8th, 2013 in detention, immigration, investigatory powers, law reports, legal representation, terrorism by sally

Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening): [2013] EWHC 3397 (Admin); [2013] WLR (D) 422

“A person detained for examination under Schedule 7 to the Terrorism Act 2000 had the right to consult a solicitor privately ‘in person, in writing or on the telephone’ before being interviewed.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Smith-Evans v Smailes – WLR Daily

Posted November 8th, 2013 in bankruptcy, individual voluntary arrangements, insolvency, law reports by sally

Smith-Evans v Smailes: [2013] EWHC 3199 (Ch); [2013] WLR (D) 423

“Where the chairman of a creditors’ meeting summoned under section 257 of the Insolvency Act 1986 had reported the meeting’s approval of a proposed voluntary arrangement to the court, the only route of challenge was under section 262 of the 1986 Act. That was so even if the meeting itself had not approved the arrangement, because the chairman had exceeded the terms of proxies that he held so there had in fact not been a 75% majority in favour of approval.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily

Posted November 8th, 2013 in EC law, insurance, law reports, legal representation by sally

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: Case C-442/12; [2013] WLR (D) 426

“Article 4(1) of Council Directive 87/344 on legal expenses insurance precluded a legal expenses insurer, which stipulated in its insurance contracts that legal assistance would in principle be provided in-house, from also providing that the costs of legal assistance provided by a legal representative chosen by the insured would be covered only if the insurer took the view that the handling of the case had to be subcontracted to an external lawyer.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 8th, 2013 in law reports by sally

High Court (Administrative Court)

Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor [2013] EWHC 3368 (Admin) (07 November 2013)

AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) (07 November 2013)

Gibson, R (on the application of) v Harrow District Council [2013] EWHC 3449 (Admin) (07 November 2013)

High Court (Chancery Division)

Gulati & Ors v MGN Ltd [2013] EWHC 3392 (Ch) (06 November 2013)

High Court (Commercial Court)

Guidance Investments Ltd v Guidance Hotel Investment Company BSC [2013] EWHC 3413 (Comm) (07 November 2013)

High Court (Queen’s Bench Division)

King’s Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB) (07 November 2013)

Source: www.bailii.org

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening) – WLR Daily

Posted November 7th, 2013 in appeals, health, hospitals, law reports, medical treatment, mental health, Supreme Court by sally

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening): [2013] UKSC 67; [2013] WLR (D) 421

“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk