law reports – Page 131 – Current Awareness

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted November 1st, 2013 in appeals, benefits, employment, forced labour, law reports, social security, Supreme Court by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

High Court (Administrative Court)

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin) (31 October 2013)

Gough v Director Of Public Prosecutions [2013] EWHC 3267 (Admin) (31 October 2013)

Bank v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3296 (Admin) (31 October
2013)

Habte v Secretary of State for the Home Department & Ors [2013] EWHC 3295 (Admin) (30 October 2013)

Lumsdon & Ors v Legal Services Board [2013] EWHC 3289 (Admin) (30 October 2013)

Adegbulugbe v Nursing and Midwifery Council [2013] EWHC 3301 (Admin) (30 October 2013)

High Court (Commercial Court)

British- American Insurance (Kenya) Ltd v Matelec Sal & Anor [2013] EWHC 3278 (Comm) (29 October 2013)

High Court (Family Division)

Davies, Re [2013] EWHC 3294 (Fam) (25 October 2013)

A Local Authority v X & Anor (Children) [2013] EWHC 3274 (Fam) (22 October 2013)

Lancashire County Council v R [2013] EWHC 3064 (Fam) (11 October 2013)

Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam) (07 October 2013)

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

F v F [2013] EWHC 2683 (Fam) (05 September 2013)

High Court (Queen’s Bench Division)

Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

Court of Appeal (Civil Division)

Talktalk Telecom Group Plc v Office of Communications & Anor [2013] EWCA Civ 1318 (30 October 2013)

British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd [2013] EWCA Civ 1319 (30 October 2013)

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 (30 October 2013)

Ham v Ham & Anor [2013] EWCA Civ 1301 (30 October 2013)

HM Revenue and Customs v The Rank Group Plc [2013] EWCA Civ 1289 (30 October 2013)

Thinc Group Ltd v Kingdom [2013] EWCA Civ 1306 (29 October 2013)

Source: www.bailii.org

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, benefits, employment, forced labour, human rights, law reports, social security, Supreme Court by michael

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, hospitals, law reports, medical treatment, mental health, Supreme Court by michael

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted October 31st, 2013 in appeals, evidence, judicial review, law reports, ministers' powers and duties, terrorism, torture, United Nations by michael

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ; [2013] WLR (D) 412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

Prudential Assurance Co Ltd v Revenue and Customs Comrs – WLR Daily

Posted October 30th, 2013 in corporation tax, EC law, interest, law reports, restitution, tax credits by sally

Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411

“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”

WLR Daily, 24th October 2013

Source: www.iclr.co.uk

Closegate Hotel Development (Durham) Ltd and another v McLean and others – WLR Daily

Posted October 30th, 2013 in administrators, insolvency, law reports by sally

Closegate Hotel Development (Durham) Ltd and another v McLean and others [2013] EWHC 3237 (Ch); [2013] WLR (D) 409

“The prohibition on an officer of a company in administration exercising a management power absent the consent of the administrators contained in paragraph 64 of Schedule B1 to the Insolvency Act 1986, as inserted, did not deprive the directors of a company of the authority to cause the company to challenge the validity of the appointment of the administrators, nor was the exercise of such authority dependent upon the provision by the directors of an indemnity for costs.”

WLR Daily, 25th October 2013

Source: www.iclr.co.uk

National Crime Agency v Szepietowski and another – WLR Daily

Posted October 30th, 2013 in appeals, assets recovery, debts, equity, law reports, mortgages, proceeds of crime by sally

National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408

“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily

Posted October 30th, 2013 in appeals, EC law, human rights, immigration, Iraq, law reports, tribunals by sally

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same [2013] EWCA Civ 1276; [2013] WLR (D) 407

“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 30th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Arthur v R [2013] EWCA Crim 1852 (29 October 2013)

Court of Appeal (Civil Division)

Chilukuri & Anor v RP Explorer Master Fund [2013] EWCA Civ 1307 (29 October 2013)

Youssef v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 1302 (29 October 2013)

Berger v Berger [2013] EWCA Civ 1305 (29 October 2013)

High Court (Chancery Division)

Closegate Hotel Development (Durham) Ltd & Anor v McLean & Ors [2013] EWHC 3237 (Ch) (25 October 2013)

High Court (Administrative Court)

Jaytee (Rainton) LLP & Ors v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2835 (Admin) (28 October 2013)

High Court (Technology and Construction Court)

Finesse Group Ltd v Bryson Products (A Firm) [2013] EWHC 3273 (TCC) (29 October 2013)

Doosan Babcock Ltd v Comercializadora De Equipos Y Materiales Mabe Limitada [2013] EWHC 3010 (TCC) (11 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 29th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Orwell v Salford Royal NHS Trust Foundation [2013] EWHC 3245 (QB) (28 October 2013)

High Court (Administrative Court)

YA, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3329 (Admin) (28 October 2013)

High Court (Commercial Court)

Equitas Ltd & Anor v Walsham Brothers & Company Ltd [2013] EWHC 3264 (Comm) (28 October 2013)

High Court (Technology and Construction Court)

Brims Construction Ltd v A2M Development Ltd [2013] EWHC 3262 (TCC) (28 October 2013)

Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors [2013] EWHC 3271 (Comm) (08 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 28th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Laws-Chapman v R [2013] EWCA Crim 1851 (25 October 2013)

Court of Appeal (Civil Division)

Sharma v Sharma & Ors [2013] EWCA Civ 1287 (25 October 2013)

Lanner Parish Council, R (on the application of) v The Cornwall Council & Anor [2013] EWCA Civ 1290 (25 October 2013)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB) (25 October 2013)

High Court (Administrative Court)

Lewis v Three Rivers District Council [2013] EWHC 3250 (Admin) (24 October 2013)

McCarthy v Visitors to the Inns of Court & Anor [2013] EWHC 3253 (Admin) (25 October 2013)

Ingenious Media Holdings Plc & Anor, R (on the application of) v HM Revenue & Customs [2013] EWHC 3258 (Admin) (25 October 2013)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2013] EWHC 3059 (TCC) (25 October 2013)

Doosan Babcock Ltd & Anor v Comercializadora De Equipos Y Materiales Mabe Limitada [2013] EWHC 3201 (TCC) (24 October 2013)

BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor [2013] EWHC 3183 (TCC) (24 October 2013)

Source: www.bailii.org

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily

Posted October 28th, 2013 in appeals, charterparties, law reports, shipping law by sally

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723; [2013] WLR (D) 406

“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