law reports – Page 136 – Current Awareness

“The lawful removal of a child from the United States to the United Kingdom pursuant to the order of a court in Texas did not become unlawful when that order was subsequently reversed by the Texan appellate court.”

WLR Daily, 16th July 2013

Source: www.iclr.co.uk

Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily

Posted July 18th, 2013 in competition, EC law, law reports, subsidiary companies, undertakings by sally

Commission of the European Union v Stichting Administratiekantoor Portielje and another: (Case C-440/11P); [2013] WLR (D) 284

“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily

Posted July 18th, 2013 in injunctions, law reports, patents by sally

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another: [2013] EWHC 1958 (Pat); [2013] WLR (D) 283

“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted July 17th, 2013 in appeals, education, immigration, law reports, licensing, service, sponsored immigrants, Supreme Court by sally

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 51 UKSC 2012/0060 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Benedetti (Appellant) v Sawiris and others (Respondents) – Supreme Court

Posted July 17th, 2013 in appeals, joint liability, law reports, restitution, Supreme Court, telecommunications, unfair commercial practices by sally

Benedetti (Appellant) v Sawiris and others (Respondents) [2013] UKSC 50 | UKSC 2011/0087 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BDW Trading Ltd and another v South Anglia Housing Ltd – WLR Daily

Posted July 17th, 2013 in consultations, landlord & tenant, law reports, service charges by sally

BDW Trading Ltd and another v South Anglia Housing Ltd [2013] WLR (D) 282

“Section 20 of the Landlord and Tenant Act 1985, which provided for consultation requirements to apply to ‘qualifying long term agreements’ (‘QLTA’), had no application to a long term agreement entered into in relation to buildings which had not yet been constructed, or which were not let at the time of the agreement.”

WLR Daily, 15th July 2013

Source: www.iclr.co.uk

Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Posted July 17th, 2013 in appeals, corruption, devolution, extradition, human rights, jurisdiction, law reports, news, Scotland, trials by sally

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 17th, 2013 in law reports by sally

High Court (Commercial Court)

Burger King v King Franchises [2013] EWHC 1761 (Comm) (26 April 2013)

Bikam OOD & Anor v Adria Cable SARL [2013] EWHC 1985 (Comm) (12 July 2013)

ARB International Ltd. v Baillie [2013] EWHC 2060 (Comm) (12 July 2013)

Cavendish Square Holdings BV & Anor v El Makdessi [2012] EWHC 4305 (Comm) (18 December 2012)

High Court (Technology and Construction Court)

Northumbrian Water Ltd v Sir Robert McAlpine Ltd [2013] EWHC 1940 (TCC) (12 July 2013)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 1121 (TCC) (03 May 2013)

ABB Ltd v Bam Nuttall Ltd [2013] EWHC 1983 (TCC) (12 July 2013)

Source: www.bailii.org

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2013 in families, human rights, immigration, law reports, proportionality, regulations by sally

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale – WLR Daily

Posted July 16th, 2013 in EC law, freedom of movement, health, law reports, social services by sally

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale (Case C-57/12); [2013] WLR (D) 278

“On the proper interpretation of article 2(2)(f) of Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market, the exclusion of healthcare services from the scope of the Directive covered any activity intended to assess, maintain or restore the state of health of patients, where that activity was carried out by healthcare professionals recognised as such by the member state concerned, regardless of the ways in which the facilities in which that care was provided were organised and financed or whether they were public or private. On the proper interpretation of article 2(2)(j) the exclusion of social services from the scope of that Directive included any activity relating, inter alia, to the care and assistance of elderly persons, where that activity was carried out by a private service provider which has been mandated by the state by means of an act conferring, in a clear and transparent manner, a genuine obligation to provide such services under specific conditions.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Starr [2013] EWCA Crim 1179 (14 June 2013)

McGrath [2013] EWCA Crim 1261 (12 July 2013)

Court of Appeal (Civil Division)

Mayes v Knowles [2013] EWCA Civ 834 (12 July 2013)

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963 (11 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

AA-R (Iran) v Secretary of State for the Home Department [2013] EWCA Civ 835 (12 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

High Court (Queen’s Bench Division)

Nulty & Anor v Milton Keynes Borough Council [2012] EWHC 730 (QB) (03 February 2012)

High Court (Chancery Division)

Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

High Court (Administrative Court)

Ragul & Anor v The Government of Azerbaijan [2013] EWHC 2000 (Admin) (12 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1981 (Admin) (12 July 2013)

Zpevak v Regional Court of Brno Czech Republic [2013] EWHC 1257 (Admin) (08 May 2013)

General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)

Modzelewski, R (on the application of) v Regional Court In Warsaw, Poland [2013] EWHC 1670 (Admin) (20 May 2013)

Sultan v The General Medical Council [2013] EWHC 1518 (Admin) (14 May 2013)

UK Uncut Legal Action Ltd v HM Revenue and Customs & Anor [2013] EWHC 1283 (Admin) (16 May 2013)

Belkevich, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1389 (Admin) (03 May 2013)

Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)

Barclay & Anor, R (on the application of) v Secretary of State for Justice & Ors [2013] EWHC 1183 (Admin) (09 May 2013)

Kibe, R (on the application of) v Nursing and Midwifery Council [2013] EWHC 1402 (Admin) (03 May 2013)

Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

Vaganovs v Prosecutor General Office of the Republic of Latvia [2013] EWHC 1472 (Admin) (08 May 2013)

Zielinski v Regional Court In Poznan Poland [2013] EWHC 1511 (Admin) (15 May 2013)

Pacia v Judicial Authority of Poland [2013] EWHC 1520 (Admin) (08 May 2013)

Brazuks v General Office of the Republic of Latvia [2013] EWHC 1527 (Admin) (13 May 2013)

Juchniewicz v Regional Court In Szczecin (Polish Judicial Authority) [2013] EWHC 1529 (Admin) (13 May 2013)

Waszkiewicz v District Court of Poznan, Poland [2013] EWHC 1614 (Admin) (10 May 2013)

Ogbonna-Jacob v Nursing and Midwifery Council [2013] EWHC 1595 (Admin) (16 May 2013)

Presecan v Cluj-Napoca Court, Romania [2013] EWHC 1609 (Admin) (22 May 2013)

Source: www.bailii.org

Home Office may detain illegal entrant who appears to be over 18 – UK Human Rights Blog

Posted July 16th, 2013 in children, detention, immigration, law reports, news, Supreme Court by sally

“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily

Posted July 15th, 2013 in appeals, duty of care, employment, health & safety, law reports, robbery by sally

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277

“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others – WLR Daily

Posted July 15th, 2013 in documents, freedom of expression, human rights, law reports, news, privacy, private hearings, public interest by sally

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 819; [2013] WLR (D) 276

“The court would only depart from open justice if strictly necessary. An application to depart from the principle of open justice would fall to be decided by reference to established principles, whether the proceedings were at an interim or final stage. A significant erosion of the open justice principle could not be justified where adequate protection existed in the form of vindication of the innocent through the judicial process to trial. The public airing of allegations which might embarrass a litigant was not a good reason to close the doors of the court.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily

Posted July 12th, 2013 in appeals, disciplinary procedures, law reports, nurses, time limits by sally

Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818; [2013] WLR (D) 273

“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily

Posted July 12th, 2013 in appeals, imprisonment, judicial review, law reports, parole, public interest, recidivists, release on licence, sentencing, Supreme Court by sally

Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274

“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

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

Posted July 12th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by sally

Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49; [2013] WLR (D) 272

“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk