Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court
Supreme Court, 23rd October 2013
Category: law reports
R v Gul (Appellant) – Supreme Court
R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)
Supreme Court, 23rd October 2013
Regina v Wilson (Michael) – WLR Daily
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
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
“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
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
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)
High Court (Administrative Court)
Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)
High Court (Commercial Court)
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
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
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
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)
Court of Appeal (Criminal Division)
Wilson v R [2013] EWCA Crim 1780 (23 October 2013)
High Court (Commercial Court)
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
“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
“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
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
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
Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily
“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fagan, R (on the application of) v Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)
Court of Appeal (Criminal Division)
Montague, R v [2013] EWCA Crim 1781 (22 October 2013)
High Court (Administrative Court)
High Court (Commercial Court)
Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm) (22 October 2013)
High Court (Patents Court)
Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWHC 3160 (Pat) (22 October 2013)
High Court (Queen’s Bench Division)
Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)
Source: www.bailii.org
Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another – WLR Daily
“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
Schwarz v Stadt Bochum – WLR Daily
Schwarz v Stadt Bochum: (Case C‑291/12); [2013] WLR (D) 386
“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”
WLR Daily, 17th October 2013
Source: www.iclr.co.uk
Emrek v Sabranovic – WLR Daily
Emrek v Sabranovic: (Case C-218/12); [2013] WLR (D) 390
“Article 15(1)(c) 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 did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”
WLR Daily, 17th October 2013
Source: www.iclr.co.uk
Mittal v Mittal – WLR Daily
Mittal v Mittal: [2013] EWCA Civ ; [2013] WLR (D) 391
“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
