law reports – Page 130 – Current Awareness

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

In re W (A Child); In re H (Children) – WLR Daily

Posted October 21st, 2013 in adoption, appeals, care orders, children, codes of practice, family courts, law reports, local government, news, parental rights by sally

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Ministeriet for Forskning, Innovation og Videregaende Uddannelser v Manova A/S – WLR Daily

Posted October 18th, 2013 in EC law, equality, law reports, public procurement, tenders by sally

Ministeriet for Forskning, Innovation og Videregaende Uddannelser v Manova A/S; (Case C-336/12); [2013] WLR (D) 383

“The principle of equal treatment did not preclude a contracting authority from asking a candidate, after the deadline for applying to take part in the contracts award procedures pursuant to Parliament and Council Directive 2004/18/EC, to provide documents describing that candidate’s situation which could be objectively shown to pre-date that deadline.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 18th, 2013 in appeals, artistic works, copyright, intellectual property, law reports by sally

Performing Right Society Ltd v B4U Network (Europe) Ltd: [2013] EWCA Civ 1236; [2013] WLR (D) 385

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 18th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 1232 (17 October 2013)

Robbins v London Borough of Bexley [2013] EWHC 1233 (Civ) (17 October 2013)

Court of Appeal (Criminal Division)

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

High Court (Administrative Court)

Trail Riders Fellowship & Ors v Powys County Council [2013] EWHC 3144 (Admin) (17 October 2013)

Efenure, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3072 (Admin) (16 October 2013)

High Court (Chancery Division)

Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3148 (Ch) (17 October 2013)

High Court (Family Division)

M-T v T [2013] EWHC 2061 (Fam) (15 October 2013)

AK and MK (Fact Finding : Physical Injuries), Re [2013] EWHC 3158 (Fam) (15 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 17th, 2013 in law reports by sally

Supreme Court

Chester, R (on the application of) v Secretary of State for Justice [2013] UKSC 63 (16 October 2013)

Court of Appeal (Civil Division)

Beverley Winchester & Anor v Farmer [2013] EWCA Civ 1235 (16 October 2013)

B4U Network (Europe) Ltd v Performing Right Society Ltd [2013] EWCA Civ 1236 (16 October 2013)

West Sussex County Council v Pierce (A Child) [2013] EWCA Civ 1230 (16 October 2013)

JJ Food Service Ltd v Zulhayir [2013] EWCA Civ 1226 (16 October 2013)

High Court (Chancery Division)

Flogas Britain Ltd v Calor Gas Ltd [2013] EWHC 3060 (Ch) (16 October 2013)

SC Johnson & Son Inc v Hillshire Brands Company & Anor [2013] EWHC 3080 (Ch) (16 October 2013)

Maresca v Brookfield Development & Construction & Anor [2013] EWHC 3151 (Ch) (16 October 2013)

Invideous Ltd & Ors v Thorogood & Ors [2013] EWHC 3015 (Ch) (11 October 2013)

High Court (Administrative Court)

Evans, R (on the application of) v Secretary of State for Defence [2013] EWHC 3068 (Admin) (16 October 2013)

Leathley & Ors, R (on the application of) v Visitors to the Inns of Court & Anor [2013] EWHC 3097 (Admin) (16 October 2013)

Bristow, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 3094 (Admin) (16 October 2013)

High Court (Commercial Court)

Al Nasr CO for Coke and Chemicals v Fairdeal Supplies Ltd [2013] EWHC 3131 (Comm) (16 October 2013)

AP-Fonden v Bank of New York Mellon SA/NV & Ors [2013] EWHC 3127 (Comm) (16 October 2013)

Source: www.bailii.org

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) – Supreme Court

Posted October 17th, 2013 in appeals, elections, human rights, law reports, prisons, Supreme Court by sally

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) [2013] UKSC 63 (YouTube)

Supreme Court, 16th October 2013

Source: www.youtube.com/user/UKSupremeCourt

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

Posted October 16th, 2013 in appeals, care orders, children, family courts, guardianship, human rights, law reports, local government, proportionality by sally

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted October 16th, 2013 in appeals, asylum, deportation, families, human rights, immigration, imprisonment, law reports, proportionality, public interest by sally

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 16th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Skrytek v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 1231 (15 October 2013)

Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC [2013] EWCA Civ 1229 (15 October 2013)

High Court (Administrative Court)

ML (A Child), R (on the application of) v Youth Justice Board [2013] EWHC 3083 (Admin) (15 October 2013)

Antoniou, R (on the application of) v Central and North West London NHS Foundation Trust & Ors [2013] EWHC 3055 (Admin) (10 October 2013)

High Court (Technology and Construction Court)

National Museums and Galleries On Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 3025 (TCC) (11 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Walker & Anor v Burton & Anor [2013] EWCA Civ 1228 (14 October 2013)

Coppage & Anor v Safety Net Security Ltd [2013] EWCA Civ 1176 (11 October 2013)

W (A Child) v Neath Port Talbot County Borough Council & Ors [2013] EWCA Civ 1227 (11 October 2013)

Lockwood v Department of Work and Pensions & Anor [2013] EWCA Civ 1195 (11 October 2013)

Abercrombie & Ors v AGA Rangemaster Ltd [2013] EWCA Civ 1148 (11 October 2013)

Marcus Webb Golf Professional (A Firm) v HM Revenue and Customs [2013] EWCA Civ 1225 (11 October 2013)

AN (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1189 (11 October 2013)

High Court (Queen’s Bench Division)

Karpov v Browder & Ors [2013] EWHC 3071 (QB) (14 October 2013)

Subotic v Knezevic [2013] EWHC 3011 (QB) (14 October 2013)

High Court (Chancery Division)

The Port of London Authority v Tower Bridge Yacht & Boat Co Ltd [2013] EWHC 3084 (Ch) (14 October 2013)

High Court (Administrative Court)

William Davis Ltd & Anor v Secretary of State for Communities and Local Governments & Anor [2013] EWHC 3058 (Admin) (11 October 2013)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Petromena ASA [2013] EWHC 3065 (Comm) (14 October 2013)

BNP Paribas S.A. v Anchorage Capital Europe LLP & Ors [2013] EWHC 3073 (Comm) (11 October 2013)

Source: www.bailii.org

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others – WLR Daily

Posted October 15th, 2013 in hospitals, human rights, inquests, law reports, suicide by sally

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others [2013] EWHC 3055 (Admin); [2013] WLR (D) 379

“In order to fulfil its procedural obligations under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms the state was not obliged to conduct, prior to an inquest, an immediate and independent investigation into the circumstances of the death of a patient detained in hospital under section 3 of the Mental Health Act 1983.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

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