law reports – Page 136 – Current Awareness

“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

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) – WLR Daily

Posted July 29th, 2013 in banking, criminal justice, disclosure, fraud, law reports, search & seizure, third parties, warrants by sally

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) [2013] EWHC 2128 (QB); [2013] WLR (D) 302

“The Criminal Justice Act 1987 did not prevent the Serious Fraud Office from disclosing, pursuant to a court order in civil proceedings, documents which in the course of an investigation had been provided to it by third parties in response to notices under section 2 of the Act.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

In the matter of the Nortel Companies; In the matter of the Lehman Companies; In the matter of the Lehman Companies No 2 – Supreme Court

Posted July 29th, 2013 in administrators, contribution, debts, expenses, insolvency, law reports, pensions by sally

In the matter of the Nortel Companies; In the matter of the Lehman Companies; In the matter of the Lehman Companies No 2 [2013] UKSC 52 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) – Supreme Court

Posted July 29th, 2013 in administrators, detention, human rights, law reports, mental health, ministers' powers and duties, time limits by sally

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) [2013] UKSC 53 | UKSC 2012/0069 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 26th, 2013 in law reports by sally

Court of Appeal (Civil Division)

JSC BTA Bank v Ablyazov [2013] EWCA Civ 928 (25 July 2013)

High Court (Chancery Division)

Infederation Ltd v Google Inc & Ors [2013] EWHC 2295 (Ch) (26 July 2013)

High Court (Commercial Court)

SC DG Petrol SRL v Vitol Broking Ltd & Ors [2013] EWHC 2176 (Comm) (25 July 2013)

High Court (Family Division)

Sekhri v Ray [2013] EWHC 2290 (Fam) (23 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Serious Fraud Office & Ors [2013] EWHC 2297 (QB) (26 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 25th, 2013 in law reports by sally

Supreme Court

Nortel Companies & Ors, Re [2013] UKSC 52 (24 July 2013)

Modaresi, R (on the application of) v Secretary of State for Health [2013] UKSC 53 (24 July 2013)

Court of Appeal (Civil Division)

Great Elephant Corp v Trafigura Beheer BV & Ors [2013] EWCA Civ 905 (25 July 2013)

Lupofresh Ltd v Sapporo Breweries Ltd [2013] EWCA Civ 948 (25 July 2013)

Tulane Education Fund, Re [2013] EWCA Civ 890 (24 July 2013)

X, R (on the application of) v London Borough of Tower Hamlets [2013] EWCA Civ 904 (24 July 2013)

Dass v The College of Haringey, Enfield and North East London & Anor [2013] EWCA Civ 884 (24 July 2013)

HS2 Action Alliance Ltd & Ors v Secretary of State for Transport [2013] EWCA Civ 920 (24 July 2013)

Neumans LLP (A Firm) v Andronikou & Ors [2013] EWCA Civ 916 (24 July 2013)

Court of Appeal (Criminal Division)

Sale R. v [2013] EWCA Crim 1306 (25 July 2013)

IA & Ors, R. v [2013] EWCA Crim 1308 (25 July 2013)

High Court (Administrative Court)

Police Superintendents Association of England and Wales & Ors v The Chief Constable of Bedfordshire Police [2013] EWHC 2173 (Admin) (25 July 2013)

Save Britain’s Heritage, R (on the application of) v The Secretary of State for Communities and Local Government [2013] EWHC 2268 (Admin) (25 July 2013)

DD, R (on the application of) v Independent Appeal Panel of the London Borough of Islington & Anor [2013] EWHC 2262 (Admin) (25 July 2013)

TD, R (on the application of) v The Commissioner of Police for the Metropolis & Anor [2013] EWHC 2231 (Admin) (25 July 2013)

Mirza, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2207 (Admin) (24 July 2013)

Khan v The General Medical Council [2013] EWHC 2187 (Admin) (24 July 2013)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2013] EWHC 2200 (Ch) (25 July 2013)

High Court (Commercial Court)

Marex Financial Ltd v Creative Finance Ltd & Anor [2013] EWHC 2155 (Comm) (25 July 2013)

Pagel & Anor v Farman [2013] EWHC 2210 (Comm) (24 July 2013)

High Court (Queen’s Bench Division)

Gary Flood v Times Newspapers Ltd [2013] EWHC 2182 (QB) (25 July 2013)

Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2131 (QB) (24 July 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 2227 (TCC) (24 July 2013)

Source: www.bailii.org

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others – WLR Daily

Posted July 25th, 2013 in appeals, expenses, fees, insolvency, law firms, law reports, sport by sally

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others: [2013] EWCA Civ 916; [2013] WLR (D) 301

“Where solicitors had acted for a company in connection with its opposition to a winding up petition but had ceased to act for the company by the time the company went into out of court administration, the court had no power under the Insolvency Rules 1986 or under the inherent jurisdiction of the court to direct that fees which the company owed to the solicitors were an expense of the administration.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk