law reports – Page 129 – Current Awareness

Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Collins v Secretary of State for Communities and Local Government and another – WLR Daily

Posted October 14th, 2013 in appeals, children, enforcement notices, families, human rights, inquiries, law reports, planning, travellers by sally

Collins v Secretary of State for Communities and Local Government and another [2013] EWCA Civ 1193; [2013] WLR (D) 376

“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) – WLR Daily

Posted October 14th, 2013 in benefits, EC law, interpretation, jurisdiction, law reports, pensions by sally

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) (Case C-321/12); [2013] WLR (D) 375

“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 11th, 2013 in law reports by sally

Supreme Court

Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)

Osborn v The Parole Board [2013] UKSC 61 (9 October 2013)

High Court (Queen’s Bench Division)

ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)

High Court (Chancery Division)

Couper & Ors v Albion Properties Ltd & Ors [2013] EWHC 2993 (Ch) (08 October 2013)

High Court (Administrative Court)

West Kensington Estate Tenants and Residents Association & Anor v London Borough of Hammersmith and Fulham & Anor [2013] EWHC 2834 (Admin) (09 October 2013)

Wakil (t/a Orya Textiles) & Orsv London Borough of Hammersmith and Fulham [2013] EWHC 2833 (Admin) (09 October 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)

KNN Coburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (TCC) (02 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) (10 October 2013)

Source: www.bailii.org

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily

Posted October 11th, 2013 in appeals, human rights, law reports, parole, prisons, probation, release on licence, sentencing, Supreme Court by sally

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly [2013] UKSC 61; [2013] WLR (D) 374

“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Posted October 11th, 2013 in company directors, company law, disclosure, law reports, notification, shareholders by sally

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013

Source: www.iclr.co.uk

Regina (Uddin) v Crown Court at Leeds – WLR Daily

Posted October 11th, 2013 in bail, indictments, judicial review, jurisdiction, law reports by sally

Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372

“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Al-Jedda v Secretary of State for the Home Department – WLR Daily

Posted October 10th, 2013 in appeals, citizenship, law reports, Supreme Court, terrorism by sally

Al-Jedda v Secretary of State for the Home Department: [2013] UKSC 62; [2013] WLR (D) 371

“In considering whether an order depriving a person of British citizenship would make him stateless, as required by s 40(4) of the British Nationality Act 1981, as amended, the Home Secretary, and on appeal the court, had simply to identify whether the person held another nationality at the date the order was made. The section did not permit, or require, the Home Secretary to assert that the person’s failure to apply for restoration of another nationality which he would be bound to obtain, rather than the making of the deprivation order itself, made him stateless.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 10th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Collins v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 1193 (09 October 2013)

Ali v Secretary of State for the Home Department [2013] EWCA Civ 1198 (09 October 2013)

Green & Anor v The Royal Bank of Scotland Plc [2013] EWCA Civ 1197 (09 October 2013)

Moore v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 1194 (09 October 2013)

Troutbeck SA v White & Anor [2013] EWCA Civ 1171 (09 October 2013)

High Court (Administrative Court)

Energie Est LDA, R (on the application of) v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 3026 (Admin) (10 October 2013)

Rahmdezfouli, R (on the application of) v Crown Court Sitting At Wood Green & Anor [2013] EWHC 2998 (Admin) (09 October 2013)

Mathew v HM Attorney General [2013] EWHC 3009 (Admin) (09 October 2013)

High Court (Chancery Division)

Euromex Ventures Ltd & Anor v BNP Paribas Real Estate Advisory and Property Management UK Ltd & Ors [2013] EWHC 3007 (Ch) (09 October 2013)

Vivendi SA Centenary Holdings Iii Ltd v Richards & Ors [2013] EWHC 3006 (Ch) (09 October 2013)

Harcus Sinclair (a firm) v Buttonwood Legal Capital Ltd & Ors [2013] EWHC 2974 (Ch) (09 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Finnigan v Northumbria Police [2013] EWCA Civ 1191 (08 October 2013)

Otkritie International Investment Management Ltd & Ors v Urumov (aka George Urumov) & Ors [2013] EWCA Civ 1196 (08 October 2013)

Buck, R (on the application of) v Doncaster Metropolitan Borough Council [2013] EWC Civ 1190 (08 October 2013)

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192 (08 October 2013)

High Court (Queen’s Bench Division)

Sargespace Ltd v Eustace [2013] EWHC 2944 (QB) (03 October 2013)

Cuccolini S.R.L v Elcan Industries Inc [2013] EWHC 2994 (QB) (08 October 2013)

High Court (Chancery Division)

Walton Homes Ltd v Staffordshire County Council [2013] EWHC 2554 (Ch) (08 October 2013)

Source: www.bailii.org

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily

Posted October 9th, 2013 in admissibility, animals, appeals, EC law, hunting, interpretation, law reports, sale of goods by sally

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening (Case C-583/11P); [2013] WLR (D) 370

“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Posted October 9th, 2013 in appeals, early release, human rights, judicial review, law reports, oral hearings, parole, prisons, robbery, sentencing, Supreme Court, weapons by sally

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

KNN Colburn LLP v GD City Holdings Ltd – WLR Daily

Posted October 8th, 2013 in electronic mail, law reports, time limits by sally

KNN Colburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (QB); [2013] WLR (D) 369

“A referral notice that was not accompanied by copies of relevant extracts from the contract and other such documents on which the referring party intended to rely was sufficient to start time running for the purposes of the time limit set out in paragraph 19(1) of the Scheme for Construction Contracts set out in the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.”

WLR Daily, 2nd October 2013

Source: www.iclr.co.uk

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Posted October 8th, 2013 in appeals, construction industry, contracts, housing, insurance, law reports, warranties by sally

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Criminal Practice Directions [2013] EWCA Crim 1631 (03 October 2013)

Practice Direction on Costs in Criminal Proceedings [2013] EWCA Crim 1632 (03 October 2013)

Speed, R. v [2013] EWCA Crim 1650 (07 October 2013)

Court of Appeal (Civil Division)

Gelley & Ors v Shepherd & Anor [2013] EWCA Civ 1172 (07 October 2013)

M (Children) [2013] EWCA Civ 1170 (04 October 2013)

Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2013] EWCA Civ 1174 (04 October 2013)

JW Spear & Son Ltd & Ors v Zynga Inc [2013] EWCA Civ 1175 (04 October 2013)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173 (04 October 2013)

Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163 (27 September 2013)

High Court (Queen’s Bench Division)

T & Ors, R (on the application of) v Sheffield City Council [2013] EWHC 2953 (QB) (04 October 2013)

Matthews v Collins (t/a Herbert Collins & Sons) & Ors [2013] EWHC 2952 (QB) (04 October 2013)

High Court (Chancery Division)

Conductive Inkjet Technology Ltd v Uni -Pixel Displays Inc [2013] EWHC 2968 (Ch) (07 October 2013)

High Court (Family Division)

Button v Salama [2013] EWHC 2972 (Fam) (27 September 2013)

High Court (Administrative Court)

Gate (oao on balhalf of Transport Solutions FOP Lancaster and Morecambe), R (on the application of) v Secretary of State for Transport & Anor [2013] EWHC 2937 (Admin) (04 October 2013)

High Court (Technology and Construction Court)

Covanta Energy Ltd v Merseyside Waste Disposal Authority [2013] EWHC 2922 (TCC) (26 September 2013)

Willis v MRJ Rundell & Associates Ltd & Anor [2013] EWHC 2923 (TCC) (25 September 2013)

Pioneer Cladding Ltd v John Graham Construction Ltd [2013] EWHC 2954 (TCC) (04 October 2013)

CSG (Stratford) Ltd & Ors v London Borough Of Newham & Ors [2013] EWHC 2868 (TCC) (02 October 2013)

High Court (Commercial Court)

Erste Group Bank AG (London Branch) v JSC “VMZ Red October” [2013] EWHC 2926 (Comm) (03 October 2013)

High Court (Patents Court)

Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat) (04 October 2013)

Source: www.bailii.org

Pinckney v KDG Mediatech AG – WLR Daily

Posted October 7th, 2013 in conflict of laws, copyright, internet, jurisdiction, law reports by sally

Pinckney v KDG Mediatech AG (Case C-170/12); [2013] WLR (D) 367

“In the event of alleged infringement of copyrights protected by the member state of the court seised, the latter had jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another member state and which had, in the latter state, reproduced that work on a material support which was subsequently sold by companies established in a third member state through an Internet site also accessible with the jurisdiction of the court seised. That court had jurisdiction only to determine the damage caused in the member state within which it was situated.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening – WLR Daily

Posted October 7th, 2013 in appeals, EC law, internet, interpretation, law reports, publishing, time limits by sally

Polyelectrolyte Producers Group GEIE (PPG) and another v European Chemicals Agency (ECHA), Kingdom of Netherlands and another, intervening (Case C-626/11P); [2013] WLR (D) 365

“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk