law reports – Page 133 – Current Awareness

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 13th, 2013 in law reports by sally

High Court (Chancery Division)

Petrocapital Resources Plc v Morrison & Foerster (UK) LLP [2013] EWHC 2682 (Ch) (06 September 2013)

High Court (Commercial Court)

Mitsui Sumitomo Insurance Co (Europe) Ltd & Anor v The Mayor’s Office for Policing and Crime [2013] EWHC 2734 (Comm) (12 September 2013)

High Court (Queen’s Bench Division)

Wright v Commissioner of Police for the Metropolis [2013] EWHC 2739 (QB) (11 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vuvamu v Secretary of State for Transport [2013] EWCA Civ 1116 (11 September 2013)

E-Clear (UK) Plc v Elia & Ors [2013] EWCA Civ 1114 (06 September 2013)

Source: www.bailii.org

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by sally

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60; [2013] WLR (D) 345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by sally

Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin); [2013] WLR (D) 344

“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 10th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Sutherland Professional Funding Ltd v Bakewells (a firm) & Ors [2013] EWHC 2685 (QB) (03 September 2013)

Source: www.bailii.org

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by sally

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch); [2013] WLR (D) 343

“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”

WLR Daily, 3rd September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

R (A Child) [2013] EWCA Civ 1115 (06 September 2013)

A (A Child) [2013] EWCA Civ 1104 (06 September 2013)

High Court (Administrative Court)

Geraldo & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2763 (Admin) (06 September 2013)

Atamewan, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2727 (Admin) (06 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Goodman & Ors v Elwood [2013] EWCA Civ 1103 (04 September 2013)

High Court (Administrative Court)

Hunston Properties Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2678 (Admin) (05 September 2013)

Gibson, R (on the application of) v Secretary of State for Justice [2013] EWHC 2481 (Admin) (04 September 2013)

High Court (Chancery Division)

Torre Asset Funding Ltd & Anor v The Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch) (03 September 2013)

High Court (Family Division)

J (A Child), Re [2013] EWHC 2694 (Fam) (05 September 2013)

High Court (Patents Court)

Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks [2013] EWHC 2673 (Pat) (04 September 2013)

High Court (Technology and Construction Court)

Khan v Harrow Council & Anor [2013] EWHC 2687 (TCC) (03 September 2013)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC) (03 September 2013)

Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC) (29 August 2013)

Source: www.bailii.org

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by sally

Elwood v Goodman and others: [2013] EWCA Civ 1103; [2013] WLR (D) 342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Greater Transparency in the Family Courts – New Draft Guidance – RPC Privacy Law

Posted September 5th, 2013 in consultations, family courts, law reports, news, reporting restrictions by sally

“Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication. Sir James Munby, President of the Family Division of the High Court, has issued the proposed judiciary guidance to facilitate the ‘need for greater transparency’ in the family courts.”

Full story

RPC Privacy Law, 4th September 2013

Source: www.rpc.co.uk

BAILII: Recent Decisions

Posted September 3rd, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Carr v Penman [2013] EWHC 2679 (QB) (02 September 2013)

High Court (Chancery Division)

Eclairs Group Ltd & Anor v JKX Oil & Gas Plc & Ors [2013] EWHC 2631 (Ch) (30 August 2013)

High Court (Administrative Court)

United States of America (USA) v Shlesinger [2013] EWHC 2671 (Admin) (02 September 2013)

Source: www.bailii.org

Beghal v Director of Public Prosecutions – WLR Daily

Posted September 2nd, 2013 in appeals, detention, failure to disclose information, freedom of movement, human rights, law reports, public interest, terrorism by sally

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Posted September 2nd, 2013 in environmental protection, interpretation, judicial review, law reports, local government, planning, public interest by sally

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”

WLR Daily, 16th August 2013

Source: www.iclr.co.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk