law reports – Page 127 – Current Awareness

“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

PGF II SA v OMFS Co 1 Ltd – WLR Daily

Posted October 28th, 2013 in appeals, costs, dispute resolution, landlord & tenant, law reports, part 36 offers, repairs by sally

PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405

“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Woodland (Appellant) v Essex County Council (Respondent) – Supreme Court

Posted October 25th, 2013 in appeals, contracting out, education, health & safety, law reports, local government, negligence, Supreme Court by sally

Woodland (Appellant) v Essex County Council (Respondent) [2013] UKSC 66 | UKSC 2012/0093 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court

Posted October 25th, 2013 in appeals, confiscation, equity, law reports, mortgages, national crime agency, proceeds of crime, Supreme Court by sally

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) [2013] UKSC 65 | UKSC 2011/0196 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Gul (Appellant) – Supreme Court

Posted October 25th, 2013 in jury directions, law reports, statutory interpretation, Supreme Court, terrorism by sally

R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina v Wilson (Michael) – WLR Daily

Posted October 25th, 2013 in company directors, crime, health & safety, indictments, law reports by sally

Regina v Wilson (Michael) [2013] EWCA Crim 1780 ; [2013] WLR (D) 404

“Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005 did not create a discrete offence, but an indictment containing a charge which referred only to article 32(8), and not to the other article in combination with which it created an offence, was not a nullity and a conviction might, despite the material irregularity, be considered safe.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Woodland v Swimming Teachers Association and others – WLR Daily

Posted October 25th, 2013 in appeals, contracting out, duty of care, education, health & safety, law reports, local government, negligence, Supreme Court by sally

Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403

“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily

Posted October 25th, 2013 in appeals, civil procedure rules, crime, disclosure, EC law, evidence, foreign jurisdictions, law reports by sally

Secretary of State for Health and others v Servier Laboratories Ltd and others
National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234 ; [2013] WLR (D) 401

“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily

Posted October 25th, 2013 in compensation, contracts, damages, law reports by sally

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400

“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 25th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Press & Anor v R. [2013] EWCA Crim 1849 (24 October 2013)

Court of Appeal (Civil Division)

S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)

High Court (Queen’s Bench Division)

Briggs v Jordan & Ors [2013] EWHC 3205 (QB) (24 October 2013)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Anor v Revenue and Customs [2013] EWHC 3249 (Ch) (24 October 2013)

High Court (Administrative Court)

Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)

Clulow, R (on the application of) v Independent Review Service & Anor [2013] EWHC 3241 (Admin) (24 October 2013)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain & Anor [2013] EWHC 3188 (Comm) (22 October 2013)

Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm) (24 October 2013)

High Court (Technology and Construction Court)

Oak Leaf Conservatories Ltd v Weir & Anor [2013] EWHC 3197 (TCC) (24 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 3202 (TCC) (10 October 2013)

Source: www.bailii.org

Regina v Smith (Kim) – WLR Daily

Posted October 24th, 2013 in appeals, confiscation, gifts, law reports, proceeds of crime, sentencing by sally

Regina v Smith (Kim): [2013] EWCA Crim 502; [2013] WLR (D) 398

“In proceedings for a confiscation order under the Proceeds of Crime Act 2002, the fact that an offender would not be able to recover a ‘tainted gift’ from the donee did not mean that the full value of that gift should not be counted towards the recoverable amount pursuant to section 9(1)(b) of the 2002 Act.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by sally

Commission of the European Union v Federal Republic of Germany: (Case C-95/12); [2013] WLR (D) 399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 24th, 2013 in law reports by sally

Supreme Court

Szepietowski v The National Crime Agency (Rev 1) [2013] UKSC 65 (23 October 2013)

Gul, R. v [2013] UKSC 64 (23 October 2013)

Woodland v Essex County Council [2013] UKSC 66 (23 October 2013)

Court of Appeal (Civil Division)

Alphasteel Ltd v Shirkhani & Anor [2013] EWCA Civ 1272 (23 October 2013)

F (a child) [2013] EWCA Civ 1277 (23 October 2013)

HF (Iraq) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1276 (23 October 2013)

Nitikin & Ors v Novoship (UK) Ltd & Ors [2013] EWCA Civ 1274 (23 October 2013)

PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013)

Minerva Navigation Inc v Oceana Shipping AG [2013] EWCA Civ 1723 (23 October 2013)

Vagh, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1253 (23 October 2013)

Court of Appeal (Criminal Division)

Wilson v R [2013] EWCA Crim 1780 (23 October 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Ors [2013] EWHC 3186 (Comm) (23 October 2013)

High Court (Queen’s Bench Division)

Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) (23 October 2013)

PNM v Times Newspapers Ltd & Ors [2013] EWHC 3177 (QB) (22 October 2013)

Source: www.bailii.org

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Posted October 23rd, 2013 in appeals, assault, delay, duty of care, human rights, law reports, negligence, police, statutory duty, victims by sally

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252; [2013] WLR (D) 393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by sally

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC); [2013] WLR (D) 397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

In re C (A Child)(Care Plan: Adoption) – WLR Daily

Posted October 23rd, 2013 in adoption, care orders, children, guardianship, law reports, local government by sally

In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257; [2013] WLR (D) 394

“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Zulhayir v JJ Food Service Ltd – WLR Daily

Posted October 23rd, 2013 in appeals, complaints, disability discrimination, employment, employment tribunals, law reports, unfair dismissal by sally

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk