Category: law reports

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2) – WLR Daily

Posted July 25th, 2013 in expenses, insolvency, law reports, pensions by sally

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2): [2013] UKSC 52; [2013] WLR (D) 300

“A company’s liabilities arising from financial support directions or contribution notices issued by the Pensions Regulator under the Pensions Act 2004 after the company had gone into administration, which required the company to put in place financial support for an occupational pension scheme, did not rank as an expense of the administration under rule 2.67(1)(f) of the Insolvency Rules 1986. However, where by the date on which the company went into administration it had for the preceding two years been vulnerable to a liability under a pension scheme, that liability was an obligation which ranked in the administration as a provable debt of the company.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

CW (Jamaica) v Secretary of State for the Home Department [2013] EWCA Civ 915 (23 July 2013)

V (Children), Re [2013] EWCA Civ 913 (23 July 2013)

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 (23 July 2013)

Duffy v George [2013] EWCA Civ 908 (23 July 2013)

ITV Services Ltd v HM Revenue and Customs [2013] EWCA Civ 867 (23 July 2013)

Pendragon Plc & Ors v HM Revenue and Customs [2013] EWCA Civ 868 (23 July 2013)

Court of Appeal (Criminal Division)

Morgan, R v [2013] EWCA Crim 1307 (23 July 2013)

Oyebola, R v [2013] EWCA Crim 1052 (23 July 2013)

High Court (Administrative Court)

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013)

High Court (Chancery Division)

Caldero Trading Ltd v Beppler & Jacobson Ltd & Ors [2013] EWHC 2191 (Ch) (23 July 2013)

High Court (Queen’s Bench Division)

Nowak v The Nursing and Midwifery Council & Anor (Rev 1) [2013] EWHC 1932 (QB) (23 July 2013)

Source: www.bailii.org

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Posted July 24th, 2013 in appeals, homelessness, human rights, judicial review, law reports, local government, proportionality by sally

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Regina (Government Actuary’s Department) v Pensions Ombudsman – WLR Daily

Posted July 24th, 2013 in administrators, fire services, law reports, maladministration, ombudsmen, pensions by sally

Regina (Government Actuary’s Department) v Pensions Ombudsman: [2013] EWCA Civ 901; [2013] WLR (D) 298

“The Government Actuary’s Department performed an important proactive role, by producing and from time to time revising the actuarial tables, which was central to the administration and proper operation of the firefighters’ public sector pension scheme, and as such was ‘concerned with the … administration of … the scheme’, within the meaning of section 146(4)(b) of the Pension Schemes Act 1993, as substituted.”

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily

Posted July 23rd, 2013 in disclosure, EC law, environmental protection, freedom of information, law reports by sally

Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291

“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”

WLR Daily 18th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 23rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Arnold v Britton & Ors [2013] EWCA Civ 902 (22 July 2013)

The Government Actuary’s Department, R (on the application of) v The Pensions Ombudsman [2013] EWCA Civ 901 (22 July 2013)

Fairstar Heavy Transport NV v Adkins & Anor [2013] EWCA Civ 886 (19 July 2013)

Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)

Court of Appeal (Criminal Division)

Bestel & Ors v R [2013] EWCA Crim 1305 (19 July 2013)

High Court (Administrative Court)

Attfield, R (on the application of) v London Borough of Barnet [2013] EWHC 2089 (Admin) (22 July 2013)

Extreme Oyster & Anor v Guildford Borough Council [2013] EWHC 2174 (Admin) (22 July 2013)

Webb v Solicitors Regulation Authority [2013] EWHC 2078 (Admin) (19 July 2013)

Shinwari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2148 (Admin) (19 July 2013)

UK Coal Mining Ltd v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2142 (Admin) (19 July 2013)

Newark & Sherwood District Council & Anor v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2162 (Admin) (19 July 2013)

High Court (Chancery Division)

Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch) (22 July 2013)

Masters v Barclays Bank Plc [2013] EWHC 2166 (Ch) (19 July 2013)

High Court (Commercial Court)

Sea Glory Maritime Co & Anor v Al Sagr National Insurance Co & Anor [2013] EWHC 2116 (Comm) (17 July 2013)

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)

High Court (Queen’s Bench Division)

Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)

AP (UK) Ltd v West Midland Fire & Civil Defence Authority [2013] EWHC 385 (QB) (22 July 2013)

Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)

High Court (Technology and Construction Court)

Corelogic Ltd v Bristol City Council [2013] EWHC 2088 (TCC) (18 July 2013)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Posted July 23rd, 2013 in appeals, education, immigration, law reports, service, sponsored immigrants, Supreme Court by sally

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51;   [2013] WLR (D)  294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily

Posted July 23rd, 2013 in advertising, consumer protection, EC law, food, law reports by sally

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát: (Case C-299/12) ;  [2013] WLR (D)  292

“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily

Posted July 23rd, 2013 in appeals, confiscation, law reports, sentencing, time limits by sally

Regina v Bestel;  Regina v Raza;  Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296

“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”

WLR Daily, 19th July 2013

Source: www.iclr.co.uk

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Posted July 22nd, 2013 in appeals, human rights, interpretation, law reports, notification, proportionality, sentencing, sexual offences by sally

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Alemo-Herron v Parkwood Leisure Ltd – WLR Daily

Posted July 22nd, 2013 in collective agreements, EC law, employment, law reports, local government, remuneration, transfer of undertakings by sally

Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288

“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Specsavers International Healthcare Ltd and others v Asda Stores Ltd – WLR Daily

Posted July 22nd, 2013 in appeals, EC law, law reports, trade marks by sally

Specsavers International Healthcare Ltd and others v Asda Stores Ltd (Case C-252/12); [2013] WLR (D) 287

“‘Genuine use’ within the meaning of article 15(1) and article 51(1)(a) of Council Regulation (EC) No 207/2009 could be fulfilled where a Community figurative mark was used only in conjunction with a Community word mark which was superimposed over it, and the combination of those two marks was, furthermore, itself registered as a Community trade mark, to the extent that the differences between the form in which that trade mark was used and that in which it was registered did not change the distinctive character of that trade mark as registered. Where a Community trade mark was not registered in colour, but the proprietor had used it extensively in a particular colour or combination of colours with the result that it had become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party used in order to represent a sign alleged to infringe that trade mark were relevant in the global assessment of the likelihood of confusion or unfair advantage pursuant to article 9(1)(b) and (c) of Regulation No 207/2009. The fact that the third party making use of a sign which allegedly infringed the registered trade mark was itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it used for the representation of that sign was relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of article 9(1)(b) and (c) of Regulation No 207/2009.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Benedetti v Sawiris and others – WLR Daily

Posted July 19th, 2013 in appeals, joint liability, law reports, restitution, telecommunications, unfair commercial practices by sally

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Yarow, R. v [2013] EWCA Crim 1175 (18 June 2013)

Court of Appeal (Civil Division)

Evans & Anor v Finance-U-Ltd [2013] EWCA Civ 869 (18 July 2013)

SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 (18 July 2013)

West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 (18 July 2013)

DL v EL (Rev 1) [2013] EWCA Civ 865 (16 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

High Court (Chancery Division)

BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC B10 (Ch) (17 July 2013)

Wholecrop Marketing Ltd v Wolds Produce Ltd [2013] EWHC 2079 (Ch) (16 July 2013)

High Court (Administrative Court)

Johnson & Anor v Nursing and Midwifery Council [2013] EWHC 2140 (Admin) (18 July 2013)

West v Taylor-Duncan [2013] EWHC 2163 (QB) (Admin) (18 July 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2127 (Admin) (18 July 2013)

High Court (Family Division)

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)

A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)

RCW v A Local Authority (No.2): Re SB [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Commercial Court)

Intesa Sanpaolo SPA v Regione Piemonte [2013] EWHC 1994 (Comm) (16 July 2013)

High Court (Patents Court)

HTC Corporation v Gemalto SA [2013] EWHC 1876 (Pat) (10 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 18th, 2013 in law reports by sally

Supreme Court

Benedetti v Sawiris & Ors [2013] UKSC 50 (17 July 2013)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)

Court of Appeal (Civil Division)

Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)

Pearce & Anor, R (on the application of) v Commissioner of Police of the Metropolis & Anor [2013] EWCA Civ 866 (18 July 2013)

Padden v Bevan Ashford (A Firm) [2013] EWCA Civ 824 (16 July 2013)

Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills [2013] EWCA Civ 823 (16 July 2013)

Watson v Sadiq & Anor [2013] EWCA Civ 822 (16 July 2013)

Court of Appeal (Criminal Division)

William & Ors v R. [2013] EWCA Crim 1262 (18 July 2013)

Taylor & Anor v R. [2013] EWCA Crim 1151 (17 July 2013)

High Court (Administrative Court)

Stratford on Avon District Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2074 (Admin) (18 July 2013)

The Law Society (Solicitors Regulation Authority) v Emeana & Ors [2013] EWHC 2130 (Admin) (18 July 2013)

Chalfont St Peter Parish Council, R (On the Application Of) v Chiltern District Council [2013] EWHC 2073 (Admin) (17 July 2013)

Foster, R (on the application of) v Secretary of State for Justice [2013] EWHC 1951 (Admin) (17 July 2013)

Francis, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 2115 (Admin) (17 July 2013)

Newby Foods Ltd, R (on the application of) v Food Standards Agency [2013] EWHC 1966 (Admin) (16 July 2013)

Ahmed v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2084 (Admin) (16 July 2013)

High Court (Chancery Division)

Blunt v Jackson & Ors [2013] EWHC 2090 (Ch) (17 July 2013)

The Football Association Premier League Ltd v British Sky Broadcasting Ltd & Ors [2013] EWHC 2058 (Ch) (16 July 2013)

Various Claimants v News Group Newspapers Ltd & Ors [2013] EWHC 2119 (Ch) (12 July 2013)

High Court (Commercial Court)

Sea Glory Maritime Co & Anor v Al Sagr National Insurance Co & Anor [2013] EWHC 2116 (Comm) (17 July 2013)

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)

High Court (Family Division)

SB (a child), Re [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Technology and Construction Court)

Thameside Construction Company Ltd v Stevens & Anor [2013] EWHC 2071 (TCC) (17 July 2013)

Mi-Space (UK) Ltd v Lend Lease Construction (EMEA) Ltd [2013] EWHC 2001 (TCC) (16 July 2013)

Source: www.bailii.org

DL v EL (Abduction: Effect of Court Order) – WLR Daily

Posted July 18th, 2013 in appeals, child abduction, competition, law reports, treaties by sally

DL v EL (Abduction: Effect of Court Order): [2013] EWCA Civ 865;   [2013] WLR (D)  285

“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