law reports – Page 126 – Current Awareness

“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 5th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Simpson & Ors (t/a Harrow Solicitors and Advocates) v Godson & Ors [2013] EWCA Civ 1339 (04 November 2013)

Nageh v David Game College Ltd & Anor [2013] EWCA Civ 1340 (04 November 2013)

High Court (Chancery Division)

Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3373 (Ch) (04 November 2013)

High Court (Administrative Court)

Bickford -Smith, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2013] EWHC 3371 (Admin) (04 November 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 4th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Rufus v Elliott [2013] EWHC 3355 (QB) (01 November 2013)

High Court (Chancery Division)

J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga Inc [2013] EWHC 3348 (Ch) (01 November 2013)

Straw & Anor v Jennings & Ors [2013] EWHC 3290 (Ch) (01 November 2013)

High Court (Administrative Court)

Sky Blue Sports & Leisure Ltd & Ors v Coventry City Council & Ors [2013] EWHC 3366 (Admin) (01 November 2013)

Fletcher v Leicestershire Constabulary [2013] EWHC 3357 (Admin) (01 November 2013)

Castletown Estates Ltd & Anor v Welsh Ministers [2013] EWHC 3293 (Admin) (01 November 2013)

High Court (Commercial Court)

Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2013] EWHC 3359 (Comm) (01 November 2013)

High Court (Technology and Construction Court)

Squibb Group Ltd v London Pleasure Gardens Ltd & Anor [2013] EWHC 3275 (TCC) (01 November 2013)

Source: www.bailii.org

Fordent Holdings Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted November 4th, 2013 in change of use, interpretation, law reports, planning by sally

Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); [2013] WLR (D) 418

“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”

WLR Daily, 26th October 2013

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 1st, 2013 in law reports by sally

Supreme Court

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (30 October 2013)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions [2013] UKSC 68 (30 October 2013)

Court of Appeal (Criminal Division)

SO v The Crown [2013] EWCA Crim 1725 (11 October 2013)

Silvera, R. v [2013] EWCA Crim 1764 (04 October 2013)

Bailey, R. v [2013] EWCA Crim 1779 (04 October 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)

High Court (Patents Court)

HTC Corporation v Nokia Corporation [2013] EWHC 3247 (Pat) (30 October 2013)

Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) & Anor v Boots UK Ltd [2013] EWHC 3251 (Pat) (31 October 2013)

Source: www.bailii.org

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted November 1st, 2013 in appeals, benefits, employment, forced labour, law reports, social security, Supreme Court by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

High Court (Administrative Court)

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin) (31 October 2013)

Gough v Director Of Public Prosecutions [2013] EWHC 3267 (Admin) (31 October 2013)

Bank v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3296 (Admin) (31 October
2013)

Habte v Secretary of State for the Home Department & Ors [2013] EWHC 3295 (Admin) (30 October 2013)

Lumsdon & Ors v Legal Services Board [2013] EWHC 3289 (Admin) (30 October 2013)

Adegbulugbe v Nursing and Midwifery Council [2013] EWHC 3301 (Admin) (30 October 2013)

High Court (Commercial Court)

British- American Insurance (Kenya) Ltd v Matelec Sal & Anor [2013] EWHC 3278 (Comm) (29 October 2013)

High Court (Family Division)

Davies, Re [2013] EWHC 3294 (Fam) (25 October 2013)

A Local Authority v X & Anor (Children) [2013] EWHC 3274 (Fam) (22 October 2013)

Lancashire County Council v R [2013] EWHC 3064 (Fam) (11 October 2013)

Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam) (07 October 2013)

G (A Child: Intractable Contact) [2013] EWHC B16 (Fam) (25 September 2013)

F v F [2013] EWHC 2683 (Fam) (05 September 2013)

High Court (Queen’s Bench Division)

Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

Court of Appeal (Civil Division)

Talktalk Telecom Group Plc v Office of Communications & Anor [2013] EWCA Civ 1318 (30 October 2013)

British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd [2013] EWCA Civ 1319 (30 October 2013)

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 (30 October 2013)

Ham v Ham & Anor [2013] EWCA Civ 1301 (30 October 2013)

HM Revenue and Customs v The Rank Group Plc [2013] EWCA Civ 1289 (30 October 2013)

Thinc Group Ltd v Kingdom [2013] EWCA Civ 1306 (29 October 2013)

Source: www.bailii.org

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, benefits, employment, forced labour, human rights, law reports, social security, Supreme Court by michael

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, hospitals, law reports, medical treatment, mental health, Supreme Court by michael

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted October 31st, 2013 in appeals, evidence, judicial review, law reports, ministers' powers and duties, terrorism, torture, United Nations by michael

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ; [2013] WLR (D) 412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

Prudential Assurance Co Ltd v Revenue and Customs Comrs – WLR Daily

Posted October 30th, 2013 in corporation tax, EC law, interest, law reports, restitution, tax credits by sally

Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411

“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”

WLR Daily, 24th October 2013

Source: www.iclr.co.uk

Closegate Hotel Development (Durham) Ltd and another v McLean and others – WLR Daily

Posted October 30th, 2013 in administrators, insolvency, law reports by sally

Closegate Hotel Development (Durham) Ltd and another v McLean and others [2013] EWHC 3237 (Ch); [2013] WLR (D) 409

“The prohibition on an officer of a company in administration exercising a management power absent the consent of the administrators contained in paragraph 64 of Schedule B1 to the Insolvency Act 1986, as inserted, did not deprive the directors of a company of the authority to cause the company to challenge the validity of the appointment of the administrators, nor was the exercise of such authority dependent upon the provision by the directors of an indemnity for costs.”

WLR Daily, 25th October 2013

Source: www.iclr.co.uk

National Crime Agency v Szepietowski and another – WLR Daily

Posted October 30th, 2013 in appeals, assets recovery, debts, equity, law reports, mortgages, proceeds of crime by sally

National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408

“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily

Posted October 30th, 2013 in appeals, EC law, human rights, immigration, Iraq, law reports, tribunals by sally

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same [2013] EWCA Civ 1276; [2013] WLR (D) 407

“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk