law reports – Page 130 – Current Awareness

The Dow Chemical Co v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, competition, EC law, joint ventures, law reports, subsidiary companies by sally

The Dow Chemical Co v Commission of the European Union (Case C-179/12P); [2013] WLR (D) 363

“For the purposes of establishing liability for participation in an infringement of article 101FEU of the FEU Treaty, where two parent companies each had a 50% shareholding in a joint venture company which had committed an infringement, and only in so far as the commission had demonstrated that both parent companies did in fact exercise decisive influence over the joint venture, those three entities could be considered to form a single economic unit and therefore form a single undertaking for the purposes of article 101FEU.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 3rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

RD, R. v [2013] EWCA Crim 1592 (10 September 2013)

Court of Appeal (Civil Division)

Credit Suisse AG v Arabian Aircraft & Equipment Leasing Co EC & Ors [2013] EWCA Civ 1169 (02 October 2013)

High Court (Queen’s Bench Division)

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

High Court (Administrative Court)

Mousa & Ors, R (on the application of) v Secretary of State for Defence [2013] EWHC 2941 (Admin) (02 October 2013)

High Court (Family Division)

H (Father) v B (Mother) [2013] EWHC 2950 (Fam) (23 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 2nd, 2013 in law reports by sally

Supreme Court

A (Children), Re (Rev 1) [2013] UKSC 60 (09 September 2013)

Source: www.bailii.org

When adoption without parental consent breaches human rights – UK Human Rights Blog

Posted October 2nd, 2013 in adoption, appeals, care orders, children, consent, human rights, law reports, local government, news, parental rights by sally

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

Full story

UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted October 1st, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dhall v R [2013] EWCA Crim 1610 (27 September 2013)

Farooqi & Ors, R. v [2013] EWCA Crim 1649 (30 September 2013)

High Court (Chancery Division)

Smailes & Anor v McNally & Ors [2013] EWHC 2882 (Ch) (27 September 2013)

Hellard & Anor (Liquidators of HLC Environmental Projects Ltd) v Carvalho [2013] EWHC 2876 (Ch) (25 September 2013)

Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)

Nomura International Plc, Re [2013] EWHC 2789 (Ch) (06 September 2013)

High Court (Administrative Court)

Ellaway, R (on the application of) v Cardiff County Council & Anor [2013] EWHC 2907 (Admin) (27 September 2013)

Fordent Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2844 (Admin) (26 September 2013)

High Court (Patents Court)

Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)

Source: www.bailii.org

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) 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 (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Binns and another v Firstplus Financial Group plc – WLR Daily

Posted October 1st, 2013 in abuse of process, civil procedure rules, costs, dispute resolution, insurance, law reports, striking out by sally

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, civil servants, EC law, employment, law reports, redundancy by sally

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) (Case C-546/11); [2013] WLR (D) 360

“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, EC law, employment, law reports, pensions by sally

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) (Case C-476/11); [2013] WLR (D) 359

“The principle of non-discrimination on grounds of age, enshrined in article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, articles 2 and 6(1) of that Directive, did not preclude an occupational pension scheme under which an employer paid, as part of pay, pension contributions which increased with age, provided that the difference in treatment on grounds of age that arose therefrom was appropriate and necessary to achieve a legitimate aim.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Proceedings concerning Texdata Software GmbH – WLR Daily

Posted October 1st, 2013 in accounts, EC law, freedom of establishment, law reports, penalties by sally

Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358

“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

United Kingdom v Council of the European Union – WLR Daily

Posted October 1st, 2013 in EC law, freedom of movement, law reports, regulations, social security, treaties by sally

United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357

“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same – WLR Daily

Posted September 27th, 2013 in compensation, insurance, law reports, violent disorder by sally

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same; [2013] EWHC 2734 (Comm); [2013] WLR (D) 356

“Compensation payable under section 2 of the Riot (Damages) Act 1886, as amended, was limited to physical damage to the relevant premises or property in it and did not extend to consequential losses such as loss of profit or loss of rent.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 27th, 2013 in law reports by sally

Court of Appeal (Civil Division)

C (Children), Re [2013] EWCA Civ 1158 (26 September 2013)

High Court (Administrative Court)

Fordent Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2844 (Admin) (26 September 2013)

D B Schenker Rail (UK) Ltd & Anor v Leeds City Council [2013] EWHC 2865 (Admin) (24 September 2013)

R, R (on the application of) v A Chief Constable [2013] EWHC 2864 (Admin) (24 September 2013)

High Court (Chancery Division)

Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)

High Court (Family Division)

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

High Court (Patents Court) Decisions

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 25th, 2013 in law reports by sally

High Court (Chancery Division)

Page & Anor v Hewetts Solicitors & Anor [2013] EWHC 2845 (Ch) (20 September 2013)

McKinnon v Graham [2013] EWHC 2870 (Ch) (20 September 2013)

High Court (Administrative Court)

R, R (on the application of) v A Chief Constable [2013] EWHC 2864 (Admin) (24 September 2013)

D, R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) (23 September 2013)

High Court (Commercial Court)

Proton Energy Group SA v Lietuva [2013] EWHC 2872 (Comm) (24 September 2013)

High Court (Patents Court)

HTC Corp v Nokia Corp [2013] EWHC B16 (Ch) (12 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vehicle Control Services Ltd v HM Revenue & Customs [2013] EWCA Civ 186 (13 March 2013)

M (Children) [2013] EWCA Civ 1147 (20 September 2013)

High Court (Queen’s Bench Division)

Streeter v Hughes & Anor [2013] EWHC 2841 (QB) (20 September 2013)

High Court (Chancery Division)

Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)

Honda Motor Europe Ltd, Re [2013] EWHC 2842 (Ch) (20 September 2013)

High Court (Family Division)

Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)

High Court (Administrative Court)

Uddin, R (on the application of) v Crown Court At Leeds [2013] EWHC 2752 (Admin) (11 July 2013)

High Court (Commercial Court)

Goldman Sachs International v Videocon Global Ltd & Anor [2013] EWHC 2843 (Comm) (20 September 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (20 September 2013)

Deutsche Bank AG & Ors v Unitech Global Ltd & Anor [2013] EWHC 2793 (Comm) (20 September 2013)

Source: www.bailii.org

CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

Posted September 23rd, 2013 in advertising, consumer protection, EC law, law reports, unfair commercial practices by sally

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Posted September 23rd, 2013 in EC law, equality, law reports, maternity leave, parental rights, self-employment, sex discrimination by sally

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Van Buggenhout and another v Banque Internationale à Luxembourg SA – WLR Daily

Posted September 23rd, 2013 in debts, EC law, foreign companies, foreign jurisdictions, insolvency, law reports by sally

Van Buggenhout and another v Banque Internationale à Luxembourg SA (Case C-251/12); [2013] WLR (D) 353

“A payment made at the behest of debtor subject to insolvency proceedings to one of the latter’s creditors did not fall within the scope of article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. That provision enabled a person who honoured an obligation ‘for the benefit of’ a debtor, who was subject to insolvency proceedings opened in another member state , when it should have been honoured for the benefit of the liquidator, to be deemed to have discharged it if he was unaware of the opening of proceedings.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Pensionsversicherungsanstalt v Brey – WLR Daily

Posted September 23rd, 2013 in benefits, EC law, freedom of movement, law reports, pensions by sally

Pensionsversicherungsanstalt v Brey (Case C-140/12); [2013] WLR (D) 352

“European Union law—in particular, articles 7(1)(b), 8(4) and 24(1) and (2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states—precluded national legislation which, even in relation to the period following the first three months of residence, automatically barred the grant of a social security benefit to a national of another member state who was not economically active, on the grounds that, despite having been issued with a certificate of residence, he did not meet the necessary requirements for obtaining the legal right to reside on the territory of the first member state for a period of longer than three months, since obtaining that right of residence was conditional upon that national having sufficient resources not to apply for the benefit.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk