law reports – Page 137 – Current Awareness

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by sally

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816; [2013] WLR (D) 271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Black and another v Wilkinson – WLR Daily

Posted July 12th, 2013 in appeals, hotels, law reports, sexual orientation discrimination by sally

Black and another v Wilkinson: [2013] EWCA Civ 820; [2013] WLR (D) 270

“The defendant, who ran a bed and breakfast business from her home, unlawfully discriminated against the claimant homosexual partners by refusing, on the basis of her religious beliefs, to provide them with the double bedroom one of them had booked, contrary to the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Belgian Electronic Sorting Technology NV v Peelaers and another – WLR Daily

Posted July 12th, 2013 in advertising, consumer protection, domain names, EC law, law reports by sally

Belgian Electronic Sorting Technology NV v Peelaers and another: (Case C-657/11); [2013] WLR (D) 275

“Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended, meant that the term ‘advertising’ covered the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, was not encompassed by that term.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 12th, 2013 in law reports by sally

High Court (Chancery Division)

In the matter of Property Professionals & Ltd [2013] EWHC 1903 (Ch) (08 July 2013)

Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch) (10 July 2013)

Evegate Publishing Ltd v Newsquest Media (Southern) Ltd [2013] EWHC 1975 (Ch) (10 July 2013)

Smithton Ltd v Naggar [2013] EWHC 1961 (Ch) (11 July 2013)

Mukerjee (Née Sen) & Anor v Sen & Ors [2013] EWHC 1997 (Ch) (11 July 2013)

Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

High Court (Queen’s Bench)

Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

Thompson v Starr & Ors [2013] EWHC 1972 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

High Court (Administrative Court)

McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

Adler v Crown Prosecution Service [2013] EWHC 1968 (Admin) (09 July 2013)

Evans, R (on the application of) v HM Attorney General & Anor [2013] EWHC 1960 (Admin) (09 July 2013)

Massey, R (On the Application Of) v Secretary of State for Justice [2013] EWHC 1950 (Admin) (10 July 2013)

United Kingdom Assocation of Fish Producer Organisations v Secretary of State for Environment, Food And Rural Affairs [2013] EWHC 1959 (Admin) (10 July 2013)

Aston & Anor vThe Secretary of State for Communities And Local Government & Ors [2013] EWHC 1936 (Admin) (10 July 2013)

A, R (On the Application Of) v Cardiff County Council And Others [2011] EWHC 1216 (Admin) (07 March 2011)

Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (Admin) (10 July 2013)

The Church Commissioners for England v Hampshire County Council & Anor [2013] EWHC 1933 (Admin) (10 July 2013)

Government of the United States of America v Wood [2013] EWHC 1971 (Admin) (10 July 2013)

Miller v General Medical Council [2013] EWHC 1934 (Admin) (10 July 2013)

High Court (Family Division)

HB v PB [2013] EWHC 1956 (Fam) (09 July 2013)

High Court (Commercial Court)

NRE Coke Ltd & Anor v Coeclerici Asia (PTE) Ltd [2013] EWHC 1987 (Comm) (10 July 2013)

High Court (Patents Court)

Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2013] EWHC 1958 (Pat) (09 July 2013)

Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 11th, 2013 in law reports by sally

Supreme Court

Kapri v The Lord Advocate (representing The Government of the Republic of Albania) (Scotland) [2013] UKSC 48 (10 July 2013)

AA, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 49 (10 July 2013)

Court of Appeal (Criminal Division)

Sheard v R [2013] EWCA Crim 1161 (10 July 2013)

Court of Appeal (Civil Division)

Black & Anor v Wilkinson [2013] EWCA Civ 820 (09 July 2013)

Tattersall v Tattersall [2013] EWCA Civ 774 (09 July 2013)

Mertrux Ltd v HM Revenue and Customs [2013] EWCA Civ 821 (09 July 2013)

Starks v Chief Constable of Hertfordshire [2013] EWCA Civ 782 (09 July 2013)

Urban I (Blonk Street) Ltd v Ayres & Anor [2013] EWCA Civ 816 (05 July 2013)

Global Torch Ltd v Apex Global Management Ltd & Ors [2013] EWCA Civ 819 (10 July 2013)

Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

Lancaster City Council v Thomas Newall Ltd [2013] EWCA Civ 802 (11 July 2013)

CN, R (on the application of) v London Borough of Lewisham [2013] EWCA Civ 804 (11 July 2013)

ZH, R (on the application of) v London Borough of Newham [2013] EWCA Civ 805 (11 July 2013)

Merthyr Tydfil Car Auction Ltd v Thomas & Anor [2013] EWCA Civ 815 (11 July 2013)

Paratus Amc Ltd v Fosuhene [2013] EWCA Civ 827 (11 July 2013)

Adesina & Ors, R (on the application of) v The Nursing and Midwifery Council [2013] EWCA Civ 818 (09 July 2013)

Source: www.bailii.org

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – YouTube

Posted July 11th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by sally

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 49 | UKSC 2013/0032 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 9th, 2013 in law reports by sally

High Court (Chancery Division)

Vallee v Birchwood [2013] EWHC 1449 (Ch) (06 June 2013)

High Court (Family Division)

T v M [2013] EWHC 1585 (Fam) (23 April 2013)

High Court (Administrative Court)

Canterbury City Council v Knight [2013] EWHC 1329 (Admin) (03 May 2013)

West Sussex County Council v C [2013] EWHC 1757 (Admin) (30 April 2013)

Arowolo v Department for Work and Pensions [2013] EWHC 1671 (Admin) (30 April 2013)

Marzurkiewicz v District Court In Rzeszow Poland [2013] EWHC 1332 (Admin) (30 April 2013)

Nursing and Midwifery Council v Greenan [2013] EWHC 1256 (Admin) (24 April 2013)

Badzo v District Court In Rokycany Czech Republic [2013] EWHC 1331 (Admin) (01 May 2013)

Source: www.bailii.org

Regina v Sadique (Omar) – WLR Daily

Posted July 9th, 2013 in appeals, assisting offenders, crime, drug offences, law reports by sally

Regina v Sadique (Omar) [2013] EWCA Crim 1150 ; [2013] WLR (D) 269

“Section 46 of the Serious Crime Act 2007 created the offence of encouraging or assisting the commission of one or more offences. Its specific ingredients and the subsequent legislative provisions underlined that an indictment charging a section 46 offence of encouraging one or more offences was permissible.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Harvey – WLR Daily

Posted July 9th, 2013 in appeals, confiscation, crime, law reports, sentencing, valuation by sally

Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268

“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 9th, 2013 in amendments, appeals, civil procedure rules, law reports, planning, time limits by sally

San Vicente and another v Secretary of State for Communities and Local Government and others [2013] EWCA Civ 817; [2013] WLR (D) 267

“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Sadique v R [2013] EWCA Crim 1150 (05 July 2013)

Court of Appeal (Civil Division)

Chishimba v Royal Borough of Kensington And Chelsea [2013] EWCA Civ 786 (25 March 2013)

Nicholas, R (on the application of) v Upper Tribunal (Administrative Appeals Chamber) & Anor [2013] EWCA Civ 799 (05 July 2013)

Secretary of State for Communities and Local Government v San Vicente & Anor [2013] EWCA Civ 817 (05 July 2013)

Edwards v Flamingo Land Ltd [2013] EWCA Civ 801 (05 July 2013)

High Court (Queen’s Bench Division)

Ali v Caton & Anor [2013] EWHC 1730 (QB) (05 July 2013)

High Court (Administrative Court)

Edwards v Government of United States of America [2013] EWHC 1906 (Admin) (04 July 2013)

Source: www.bailii.org

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

Posted July 8th, 2013 in appeals, homicide, imprisonment, judicial review, law reports, parole, public interest, recidivists, Supreme Court by sally

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 46 | UKSC 2013/0152 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) – Supreme Court

Posted July 8th, 2013 in appeals, damages, law reports, patents, res judicata, Supreme Court by sally

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) [2013] UKSC 46 | UKSC 2010/0013 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 5th, 2013 in law reports by sally

Court of Appeal (Civil Division)

JSC BTA Bank v Ereshchenko [2013] EWCA Civ 1961 (04 July 2013)

Menelaou v Bank of Cyprus UK Ltd [2013] EWCA Civ 814 (04 July 2013)

High Court (Administrative Court)

Polomski v Westminster Magistrates’ Court [2013] EWHC 1893 (Admin) (04 July 2013)

Mid Counties Co-Operative Ltd, R (on the application of) v Forest of Dean District Council & Anor [2013] EWHC 1908 (Admin) (04 July 2013)

Source: www.bailii.org

Menelaou v Bank of Cyprus UK Ltd – WLR Daily

Posted July 5th, 2013 in appeals, banking, debts, law reports, restitution, substitution by sally

Menelaou v Bank of Cyprus UK Ltd: [2013] EWCA Civ 1960; [2013] WLR (D) 266

“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”

WLR Daily, 2nd July 2013

Source: www.iclr.co.uk

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by sally

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46; [2013] WLR (D) 265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 5th, 2013 in appeals, employment, equal pay, law reports, local government, sex discrimination, Supreme Court by sally

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ; [2013] WLR (D) 264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 4th, 2013 in law reports by sally

Supreme Court

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (3 July 2013)

Sturnham, R (on the application of) v The Parole Board of England and Wales & Anor (No. 2) [2013] UKSC 47 (3 July 2013)

Court of Appeal (Criminal Division)

Harvey, R. v (Rev 1) [2013] EWCA Crim 1104 (03 July 2013)

Court of Appeal (Civil Division)

Smart v The Forensic Science Service Ltd [2013] EWCA Civ 783 (02 July 2013)

S (A Child) & Ors v Nottingham City Council & Ors [2013] EWCA Civ 771 (02 July 2013)

Force India Formula One Team Ltd v Aerolab Srl & Anor [2013] EWCA Civ 780 (03 July 2013)

Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 772 (19 June 2013)

McKillen v (Misland (Cyprus) Investments Ltd & Ors [2013] EWCA Civ 781 (03 July 2013)

Malik v Fassenfelt & Ors [2013] EWCA Civ 798 (03 July 2013)

Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky & Ors [2013] EWCA Civ 784 (02 July 2013)

Williams v Central Bank of Nigeria [2013] EWCA Civ 785 (02 July 2013)

High Court (Queen’s Bench Division)

Say v Howard Gurpinar LLP [2013] EWHC 1386 (QB) (08 March 2013)

Travel and Holidays v Hajj Charter [2013] EWHC 1212 (QB) (28 February 2013)

Lord Chancellor v Woodhall [2013] EWHC 764 (QB) (20 February 2013)

High Court (Administrative Court)

Rrapaj & Ors v Director of Legal Aid Casework & Anor [2013] EWHC 1837 (Admin) (02 July 2013)

Agyeikum, R (on the application of) v SSHD [2013] EWHC 1828 (Admin) (02 July 2013)

Manning, R (on the application of) v Secretary of State for Justice [2013] EWHC 1821 (Admin) (03 July 2013)

Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1878 (Admin) (03 July 2013)

Stern, R (on the application of) v Horsham District Council [2013] EWHC 1460 (Admin) (01 May 2013)

Richards v Government of Ghana [2013] EWHC 1254 (Admin) (16 April 2013)

Janaszek v Circuit Court In Plock (Polish Judicial Authority) [2013] EWHC 1880 (Admin) (03 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1891 (Admin) (03 July 2013)

High Court (Family Division)

HJ (A Child) [2013] EWHC 1867 (Fam) (02 July 2013)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & 16 Ors [2013] EWHC 1869 (Comm) (02 July 2013)

High Court (Technology and Construction Court)

FG Skerritt Ltd v Caledonian Building Systems Ltd [2013] EWHC 1898 (TCC) (03 July 2013)

Source: www.bailii.org

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263

“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk