BAILII: Recent Decisions

Posted August 23rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall -Chung, R. v [2007] EWCA Crim 3429 (26 July 2007)

High Court (Administrative Court)

Cherkley Campaign Ltd, R (on the application of) v Longshot Cherkley Court Ltd [2013] EWHC 2582 (Admin) (22 August 2013)

High Court (Chancery Division)

Data Power Systems Ltd & Ors v Safehosts (London) Ltd & Anor [2013] EWHC 2479 (Ch) (17 May 2013)

High Court (Family Division)

BS and ES (Children), Re (Placement Order Or Special Guardianship Order) [2013] EWHC 2607 (Fam) (22 August 2013)

Jones, Re (Alleged Contempt of Court) [2013] EWHC 2579 (Fam) (21 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall, R v [2013] EWCA Crim 1450 (26 July 2013)

High Court (Queen’s Bench Division)

Lee v Lasrado [2013] EWHC 2302 (QB) (26 July 2013)

High Court (Technology and Construction Court)

National Museums and Galleries on Merseyside v AEW Architects and Designers Ltd [2013] EWHC 2576 (TCC) (20 August 2013)

Source: www.bailii.org

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by sally

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

East Midlands Trains Ltd v National Union of Rail, Maritime and Transport Workers [2013] EWCA Civ 1072 (15 August 2013)

High Court (Administrative Court)

The Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice & Anor [2013] EWHC B13 (Admin) (15 August 2013)

High Court (Chancery Division)

Heis & Ors v Attestor Value Master Fund LP & Anor [2013] EWHC 2556 (Ch) (16 August 2013)

Harris v Secretary of State for Business, Innovation and Skills [2013] EWHC 2514 (Ch) (09 August 2013)

High Court (Family Division)

A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 16th, 2013 in law reports by sally

High Court (Family Division)

M v M & Ors [2013] EWHC 2534 (Fam) (14 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWCA Civ 1003 (14 August 2013)

High Court (Chancery Division)

Hellard (Trustee In Bankruptcy) v Kapoor [2013] EWHC 2204 (Ch) (25 July 2013)

Harris v Secretary of State for Business, Innovation and Skills [2013] EWHC 2514 (Ch) (09 August 2013)

High Court (Administrative Court)

Truro City Council v Cornwall City Council [2013] EWHC 2525 (Admin) (13 August 2013)

High Court (Technology and Construction Court)

Noemalife SPA v Infinitt UK Ltd [2013] EWHC 2376 (TCC) (14 August 2013)

High Court (Commercial Court)

Times Newspapers Ltd v McNamara [2013] EWHC B12 (Comm) (13 August 2013)

Source: www.bailii.org

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner – WLR Daily

Posted August 14th, 2013 in data protection, insolvency, law reports, loans, statutory interpretation by sally

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner [2013] EWHC 2485 (Ch); [2013] WLR (D) 336

“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”

WLR Daily, 8th August 2013

Source: www.iclr.co.uk

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

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Ahmad v Secret Garden (Cheshire) Ltd [2013] EWCA Civ 1005 (06 August 2013)

High Court (Administrative Court)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA [2013] EWHC 2469 (QB) (09 August 2013)

N and N v London Borough of Newham & Anor [2013] EWHC 2475 (Admin) (09 August 2013)

Marton -Cum -Grafton Parish Council), R (On the Application Of) v North Yorkshire County Council [2013] EWHC 2406 (Admin) (09 August 2013)

Tabbakh, R (On the Application Of) v The Staffordshire and West Midlands Probation Trust & Anor [2013] EWHC 2492 (Admin) (09 August 2013)

Bredenkamp, R (On the Application Of) v Secretary of State for Foreign And Commonwealth Affairs [2013] EWHC 2480 (Admin) (09 August 2013)

Ignaoua, R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin) (09 August 2013)

D, R (On the Application Of) v Worcestershire County Council [2013] EWHC 2490 (Admin) (09 August 2013)

High Court (Commercial Court)

Thai -Lao Lignite (Thailand) Co Ltd & Anor v Government of the Lao People’s Democratic Republic [2013] EWHC 2466 (Comm) (08 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 9th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Turbill & Anor, R. v [2013] EWCA Crim 1422 (12 July 2013)

High Court (Chancery Division)

Southern Pacific Personal Loans Ltd, Re [2013] EWHC 2485 (Ch) (08 August 2013)

High Court (Commercial Court)

Foster & Anor v Action Aviation Ltd [2013] EWHC 2439 (Comm) (08 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 8th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Cart v Cart [2013] EWCA Civ 1006 (07 August 2013)

High Court (Queen’s Bench Division)

Saha v Imperial College of Science, Technology & Medicine [2013] EWHC 2438 (QB) (07 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 779 (13 June 2013)

Stuart v London City Airport Ltd [2013] EWCA Civ 973 (31 July 2013)

Vince v Wyatt [2013] EWCA Civ 934 (13 June 2013)

High Court (Queen’s Bench Division)

Poole v Wright (t/a Simon Wright Racing Development) & Ors [2013] EWHC 2375 (QB) (05 August 2013)

High Court (Administrative Court)

Newcombe v Crown Prosecution Service (CPS) [2013] EWHC 2160 (Admin) (20 June 2013)

High Court (Family Division)

London Borough of Camden v Caratt & Ors [2013] EWHC 2336 (Fam) (31 July 2013)

High Court (Technology and Construction Court)

Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd & Ors [2013] EWHC 2394 (TCC) (31 July 2013)

Source: www.bailii.org

Wembridge Claimants and others v Winter and others – WLR Daily

Wembridge Claimants and others v Winter and others [2013] EWHC 2331 (QB); [2013] WLR (D) 334

“Regulations pertaining to health and safety in the workplace made pursuant to the Health and Safety at Work etc Act 1974 applied to fire and rescue services and were capable of amending duties under existing statutory provisions so that a breach of the regulations by a fire service employer would be actionable, save where it was expressly provided otherwise.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) [2013] EWCA Civ 968; [2013] WLR (D) 333

“The knowledge of a fraud perpetrated by a director by means of a company was not to be attributed to that company when it sought to recover losses which the company itself had suffered as a result of the fraud, even where the director was the sole director and shareholder of the company. In those circumstances the director could not rely on the maxim ex turpi causa non oritur actio to defeat the claim.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another – WLR Daily

Posted August 6th, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another [2013] UKSC 57; [2013] WLR (D) 332

“An insurer could not choose the order in which claims made by an insured exhausted layers of insurance cover under a programme of professional liability insurance.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Fox v British Airways plc – WLR Daily

Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330

“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 5th, 2013 in law reports by sally

High Court (Administrative Court)

Lawson, R (on the application of) v City of Westminster Magistrates’ Court [2013] EWHC 2434 (Admin) (02 August 2013)

London Capital Group, R (On the Application Of) v The Financial Ombudsman Service Ltd [2013] EWHC 2425 (Admin) (02 August 2013)

Source: www.bailii.org

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) – Supreme Court

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) [2013] UKSC 59 | UKSC 2012/0087 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) – Supreme Court

Posted August 2nd, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) 2013] UKSC 58 | UKSC 2012/0112 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt