Benedetti (Appellant) v Sawiris and others (Respondents) – Supreme Court
Benedetti (Appellant) v Sawiris and others (Respondents) [2013] UKSC 50 | UKSC 2011/0087 (YouTube)
Supreme Court, 17th July 2013
Category: law reports
BDW Trading Ltd and another v South Anglia Housing Ltd – WLR Daily
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
“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
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
“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
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
“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
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)
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)
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)
Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)
Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)
Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 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)
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
“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.”
UK Human Rights Blog, 15th July 2013
Source: www.ukhumanrightsblog.com
Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily
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
“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
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
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
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
Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily
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
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
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
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)
Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (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
Supreme Court
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)
Source: www.bailii.org
