Category: law reports

Regina v Chapman – WLR Daily

Posted August 1st, 2013 in amendments, appeals, confiscation, law reports, proceeds of crime, sentencing, time limits by sally

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2) – WLR Daily

Posted August 1st, 2013 in admissibility, appeals, evidence, law reports, patents by sally

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2)
[2013] EWCA Civ 925; [2013] WLR (D) 316

“Where a patent specification made a technical effect “plausible” it was open to a party to mount a challenge to the existence of that effect by the use of later evidence. There was no principled objection to the admission of evidence as to the true nature of the advance made by the invention in connection with an objection of lack of inventive step.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents – WLR DAily

Posted August 1st, 2013 in appeals, fees, law reports, patents, time limits, ultra vires by sally

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents [2013] EWCA Civ 890; [2013] WLR (D) 315

“Paragraph 5 of Schedule 4A of the Patents Act 1977, rule 116 of the Patents Rules 2007 and rule 6 of the Patents (Fees) Rules 2007 imposed a regime for the payment of annual fees in accordance with article 12 of Council Regulation (EEC) No 1768/92 and Council Regulation (EC) No 469/2009. The reference to Council Regulation (EEC) No 1768/92 in section 128B of the 1977 Act could be construed as a reference to the Council Regulation (EC) No 469/2009.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Various Claimants v News Group Newspapers Ltd and others – WLR Daily

Posted August 1st, 2013 in disclosure, interception, law reports, media, police, telecommunications, witnesses by sally

Various Claimants v News Group Newspapers Ltd and others [2013] EWHC 2119 (Ch); [2013] WLR (D) 314

“The well established requirement for disclosure under Norwich Pharmacal principles for a party from whom disclosure was sought to be “involved” in or to have “facilitated” wrongdoing was too narrow and the court should ask itself whether the party was a mere witness or whether its engagement with the wrongdoing was sufficient to make it more than a mere witness and susceptible to the court’s jurisdiction to order disclosure.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Regina (Evans) v Her Majesty’s Attorney General – WLR Daily

Posted August 1st, 2013 in attorney general, disclosure, documents, freedom of information, law reports, royal family, veto by sally

Regina (Evans) v Her Majesty’s Attorney General [2013] EWHC 1960 (Admin); [2013] WLR (D) 313

“Section 53(2) of the Freedom of Information Act 2000 required the existence of reasonable grounds before a certificate could be given by an accountable person and if reasonable grounds did not exist the certificate was invalid and of no effect. Further, a certificate under section 53(2) could validly be issued with regard to environmental information.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 31st, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013)

Court of Appeal (Civil Division)

Sud v London Borough of Ealing [2013] EWCA Civ 949 (30 July 2013)

MA (Somalia), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 966 (30 July 2013)

Sudarshan Chemical Industries Ltd v Clariant Produkte (Deutschland) GmbH [2013] EWCA Civ 919 (30 July 2013)

Riley v The Crown Prosecution Service [2013] EWCA Civ 951 (30 July 2013)

Flynn v Warrior Square Recoveries Ltd [2013] EWCA Civ 917 (30 July 2013)

Vernon Knight Associates v Cornwall Council [2013] EWCA Civ 950 (30 July 2013)

Harvey v Dunbar Assets Plc [2013] EWCA Civ 952 (30 July 2013)

G (A Child) [2013] EWCA Civ 965 (30 July 2013)

P (A Child) [2013] EWCA Civ 963 (30 July 2013)

Allen & Ors v Hampshire Constabulary [2013] EWCA Civ 967 (30 July 2013)

Redcar and Cleveland Borough Council v Others (Re B) [2013] EWCA Civ 964 (30 July 2013)

High Court (Queen’s Bench Division)

Beech v Timney & Anor [2013] EWHC 2345 (QB) (29 July 2013)

MA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 2213 (QB) (30 July 2013)

Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2326 (QB) (30 July 2013)

Wembridge Claimants & Ors v Winter & Ors [2013] EWHC 2331 (QB) (30 July 2013)

High Court (Family Division)

Bedfordshire Police Constabulary v RU & Anor [2013] EWHC 2350 (Fam) (26 July 2013)

LA v ML & Ors [2013] EWHC 2063 (Fam) (12 July 2013)

High Court (Administrative Court)

Webb v Solicitors Regulation Authority [2013] EWHC 2225 (Admin) (29 July 2013)

BF v Secretary of State for the Home Department [2013] EWHC 2329 (Admin) (30 July 2013)

High Court (Technology and Construction Court)

Hackney Empire Ltd v Aviva Insurance UK Ltd [2013] EWHC 2212 (TCC) (30 July 2013)

Gilman v UPS Ltd & Anor [2013] EWHC 2341 (TCC) (30 July 2013)

High Court (Commercial Court)

Gard Marine & Energy Ltd v China National Chartering Co Ltd & Ors [2013] EWHC 2199 (Comm) (30 July 2013)

Source: www.bailii.org

Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily

Posted July 31st, 2013 in disclosure, investigatory powers, judicial review, law reports, solicitors, warrants by sally

Regina (S and others) v Chief Constable of the British Transport Police [2013] EWHC 2189 (Admin); [2013] WLR (D) 312

“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”

WLR Daily, 23rd July 2013

Source: www.iclr.co.uk

DV3 RS Ltd Partnership v Revenue and Customs Comrs – WLR Daily

Posted July 31st, 2013 in law reports, leases, partnerships, sale of land, stamp duty, tax avoidance by sally

DV3 RS Ltd Partnership v Revenue and Customs Comrs [2013] EWCA Civ 907; [2013] WLR (D) 311

“Where a vendor contracted to sell a chargeable interest to a company and the company made a sub-sale to a partnership (of which the company was a member), both contracts being completed at the same time with sequential transfers, the partnership, as taxpayer, acquired a chargeable interest liable to stamp duty land tax.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

L1 v Secretary of State for the Home Department [2013] EWCA Civ 906 (29 July 2013)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2013] EWCA Civ 962 (29 July 2013)

Francis v Brent Housing Partnership Ltd & Ors [2013] EWCA Civ 912 (29 July 2013)

Smith v Bottomley & Anor [2013] EWCA Civ 953 (29 July 2013)

K v London Borough of Brent & Ors [2013] EWCA Civ 926 (29 July 2013)

The Financial Conduct Authority v Hobbs [2013] EWCA Civ 918 (29 July 2013)

High Court (Queen’s Bench Division)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels S.A [2013] EWHC 2139 (QB) (29 July 2013)

High Court (Administrative Court)

Beech v Timney & Anor [2013] EWHC 2226 (Admin) (29 July 2013)

Irving & Anor v Darbyshire & Ors [2013] EWHC 2301 (Admin) (29 July 2013)

HM Attorney General v Davey [2013] EWHC 2317 (Admin) (29 July 2013)

High Court (Family Division)

Surrey County Council v A-H (Children) & Ors [2013] EWHC 2190 (Fam) (22 July 2013)

K (A Child: Wardship: Publicity) [2013] EWHC B11 (Fam) (25 July 2013)

Surrey County Council v A-H (Children) & Ors [2013] EWHC 2299 (Fam) (26 July 2013)

Source: www.bailii.org

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another – WLR Daily

Posted July 30th, 2013 in admissibility, civil procedure rules, evidence, expert witnesses, law reports by sally

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another [2013] EWHC 1945 (Ch); [2013] WLR (D) 310

“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted July 30th, 2013 in appeals, detention, human rights, law reports, mental health, ministers' powers and duties, Supreme Court, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309

“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted July 30th, 2013 in airports, bills, EC law, environmental protection, law reports, local government, parliamentary papers, planning, railways by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council v Scottish Information Commissioner – WLR Daily

Posted July 30th, 2013 in appeals, data protection, equal pay, freedom of information, law reports, local government, news, Scotland, Supreme Court by sally

South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307

“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) – Supreme Court

Posted July 30th, 2013 in appeals, data protection, equal pay, freedom of information, law reports, local government, Scotland, Supreme Court by sally

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) [2013] UKSC 55 | UKSC 2012/0126 (YouTube)

Supreme Court, 29th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 29th, 2013 in law reports by sally

Supreme Court

South Lanarkshire Council v The Scottish Information Commissioner [2013] UKSC 55 (29 July 2013)

Court of Appeal (Criminal Division)

Chapman, R. v [2013] EWCA Crim 1370 (29 July 2013)

Court of Appeal (Civil Division)

Lloyd v London Borough of Lewisham [2013] EWCA Civ 923 (29 July 2013)

Ross River Ltd & Anor v Waveley Commercial Ltd & Ors [2013] EWCA Civ 910 (29 July 2013)

Generics [uk] Ltd (t/a Mylan) v Yeda Research And Development Co Ltd & Anor [2013] EWCA Civ 925 (29 July 2013)

Resolution Chemicals Ltd v H. Lundbeck A/S [2013] EWCA Civ 924 (29 July 2013)

Singh v Moorlands Primary School & Anor [2013] EWCA Civ 909 (25 July 2013)

HM Revenue and Customs v DV3 RS Ltd Partnership [2013] EWCA Civ 907 (25 July 2013)

Hamed v Stevens [2013] EWCA Civ 911 (26 July 2013)

Williams v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 958 (26 July 2013)

AB (Sudan) v Secretary of State for the Home Department [2013] EWCA Civ 921 (26 July 2013)

MC (Guinea) & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 922 (26 July 2013)

High Court (Queen’s Bench Division)

McGrath v Independent Print Ltd [2013] EWHC 2202 (QB) (26 July 2013)

Waterson v Lloyd & Anor [2013] EWHC 2201 (QB) (26 July 2013)

Grimason v Cates [2013] EWHC 2304 (QB) (26 July 2013)

High Court (Administrative Court)

Alsaadon v Secretary of State for the Home Department [2013] EWHC 2184 (Admin) (26 July 2013)

Sanchez v The Second Section of the National High Court of Madrid, Spain [2013] EWHC 2264 (Admin) (26 July 2013)

GE, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2186 (Admin) (26 July 2013)

Che, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2220 (Admin) (26 July 2013)

Ozoemene & Ors v Secretary of State for the Home Department (Identity and Passport Service) [2013] EWHC 2167 (Admin) (22 July 2013)

Burke v Independent Police Complaints Commission & Anor [2013] EWHC 2291 (Admin) (26 July 2013)

Newby Foods Ltd, R (on the application of) v Food Standards Agency (No. 2) [2013] EWHC 2132 (Admin) (26 July 2013)

Source: www.bailii.org

Singh v Reading Borough Council – WLR Daily

Posted July 29th, 2013 in appeals, constructive dismissal, immunity, law reports, local government, news, race discrimination, striking out, teachers, witnesses by sally

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov (No 10) – WLR Daily

Posted July 29th, 2013 in banking, disclosure, fraud, freezing injunctions, law reports, loans, news by sally

JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305

“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina v Sale – WLR Daily

Posted July 29th, 2013 in company directors, confiscation, corruption, law reports, proportionality by sally

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk