law reports – Page 140 – Current Awareness

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted June 18th, 2013 in appeals, commons, human rights, law reports, local government by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2013] EWCA Civ 673 ; [2013] WLR (D) 234

“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

Posted June 18th, 2013 in appeals, arbitration, foreign jurisdictions, injunctions, law reports, Supreme Court by sally

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35; [2013] WLR (D) 232

“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily

Posted June 18th, 2013 in cautions, human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231

“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Newhaven Port & Properties Ltd, R (on the application of) v Secretary of State for the Environment Food and Rural Affairs [2013] EWCA Civ 673 (14 June 2013)

Okotoks Ld & Anor v Fine & Country Ltd & Ors [2013] EWCA Civ 672 (14 June 2013)

Lumos Skincare Ltd v Sweet Squared Ltd. & Ors [2013] EWCA Civ 671 (14 June 2013)

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013)

Birch v Ministry of Defence [2013] EWCA Civ 676 (14 June 2013)

Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665 (14 June 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Ors v The Serious Fraud Office (SFO) [2013] EWHC 1578 (QB) (14 June 2013)

Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd [2013] EWHC 1653 (QB) (14 June 2013)

Mehjoo v Harben Barker (a firm) & Anor [2013] EWHC 1669 (QB) (14 June 2013)

Lombard North Central Plc v Nugent & Ors [2013] EWHC 1588 (QB) (06 June 2013)

High Court (Chancery Division)

Peel Land and Property (Ports No.3) Ltd v TS Sheerness Steel Ltd [2013] EWHC 1658 (Ch) (14 June 2013)

MF Global UK Ltd (in special administration), Re [2013] EWHC 1655 (Ch) (14 June 2013)

Revenue & Customs v SED Essex Ltd [2013] EWHC 1583 (Ch) (14 June 2013)

High Court (Family Division)

CM v The Executor of the Estate of EJ & Ors [2013] EWHC 1680 (Fam) (14 June 2013)

High Court (Administrative Court)

Borough of Telford and Wrekin & Anor v Secretary of State for Communities and Local Government [2013] EWHC 1638 (Admin) (14 June 2013)

Arranz v Spanish Judicial Authority [2013] EWHC 1662 (Admin) (14 June 2013)

High Court (Commercial Court)

Tullow Uganda Ltd v Heritage Oil and Gas Ltd & Anor [2013] EWHC 1656 (Comm) (14 June 2013)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1) [2013] EWHC 1666 (Comm) (14 June 2013)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1) [2013] EWHC 1667 (Comm) (14 June 2013)

High Court (Technology and Construction Court)

Elvanite Full Circle Ltd. v Amec Earth & Environmental (UK) Ltd. [2013] EWHC 1643 (TCC) (14 June 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 14th, 2013 in law reports by sally

Supreme Court

Apollo Engineering Ltd v James Scott Ltd (Scotland) [2013] UKSC 37 (13 June 2013)

O’Neill v Her Majesty’s Advocate No 2 (Scotland) [2013] UKSC 36 (13 June 2013)

Court of Appeal (Civil Division)

H-L (A Child), Re [2013] EWCA Civ 655 (13 June 2013)

Virk & Ors v Secretary of State for the Home Department [2013] EWCA Civ 652 (12 June 2013)

NN (South Africa) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 653 (12 June 2013)

Howard v Howard -Lawson [2013] EWCA Civ 654 (12 June 2013)

Willford, R (on the application of) v Financial Services Authority (FSA) [2013] EWCA Civ 677 (13 June 2013)

High Court (Queen’s Bench Division)

Garner v Salford City Council & Anor [2013] EWHC 1573 (QB) (13 June 2013)

High Court (Chancery Division)

JW Spear & Sons Ltd & Ors v Zynga Inc [2013] EWHC 1640 (Ch) (13 June 2013)

High Court (Family Division)

LCG v RL [2013] EWHC 1383 (Fam) (23 May 2013)

High Court (Administrative Court)

Afework, R (on the application of) v London Borough of Camden [2013] EWHC 1637 (Admin) (13 June 2013)

Bayliss v Secretary of State for Communities and Local Government & Ors [2013] EWHC 1612 (Admin) (13 June 2013)

High Court (Commercial Court)

Dar Al Arkan Real Estate Development Com. v Al Refai & Ors [2013] EWHC 1630 (Comm) (12 June 2013)

High Court (Patents Court)

Destra Software Ltd v Comada (UK) LLP & Ors [2013] EWHC 1575 (Pat) (11 June 2013)

Source: www.bailii.org

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Posted June 14th, 2013 in abuse of process, insurance, law reports, malicious prosecution, Privy Council, surveyors by sally

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) – Supreme Court

Posted June 14th, 2013 in human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) [2013] UKSC 36 (YouTube)

Supreme Court, 13th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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

Posted June 13th, 2013 in appeals, conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 642; [2013] WLR (D) 228

“The phrase ‘members of his family forming part of his household’ in section 20(1)(b) of the State Immunity Act 1978 should not be given a wider meaning in relation to heads of state than it had in relation to diplomats. Thus a head of state’s ‘household’ was restricted to spouses, civil partners, dependent children and relatives.”

WLR Daily, 11th June 2013

Source: www.iclr.co.uk

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily

Posted June 13th, 2013 in appeals, company law, EC law, insolvency, jurisdiction, law reports, news, winding up by sally

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643; [2013] WLR (D) 227

“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re B (A Child)(Care Proceedings: Threshold Criteria) – WLR Daily

Posted June 13th, 2013 in appeals, care orders, children, law reports, Supreme Court by sally

In re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] WLR (D) 226

“Determinations by the judge that the statutory threshold criteria were crossed for the making of a care order under section 31(2) of the Children Act 1989 and that such an order should be made were evaluative judgments with which the appellate court, exercising a review jurisdiction, should only interfere if it were satisfied that the judgments were wrong.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, disclosure, law reports, liquidators, time limits by sally

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others [2013] EWHC 1562 (Ch); [2013] WLR (D) 225

“The court must exercise its discretion when considering an application for an extension of time for compliance with a deadline stipulated in a court order by simply having regard to the overriding objective of the court to deal with cases justly pursuant to CPR r 1.1(1), notwithstanding that CPR r 1.1(2) had been amended to include the enforcement of compliance with court orders.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Group Seven Ltd v Allied Investment Corpn Ltd and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, company law, debts, injunctions, law reports, shareholders by sally

Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224

“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re GP Aviation Group International Ltd (in liquidation) – WLR Daily

Posted June 13th, 2013 in appeals, insolvency, law reports, liquidators by sally

In re GP Aviation Group International Ltd (in liquidation) [2013] EWHC 1447 (C; [2013] WLR (D) 223

“A bare right to appeal was not property within the meaning of section 436 of the Insolvency Act 1986.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Reading Borough Council v Holt – WLR Daily

Posted June 13th, 2013 in appeals, housing, landlord & tenant, law reports, local government, repossession by sally

Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222

“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) – WLR Daily

Posted June 13th, 2013 in appeals, law reports, shipping law by sally

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] EWCA Civ 650; [2013] WLR (D) 221

A shipowner was entitled (1) to refuse to deliver up cargo covered by a bill of lading to the consignee under that bill, in exercise of its lien for general average contribution for that cargo, notwithstanding receipt of an unlimited guarantee from the insurers of the cargo undertaking in consideration of delivery to pay any general average contribution due in respect of the cargo; and (2) to recover storage and other expenses incurred by it in exercising its lien after the cargo was discharged from the vessel.

WLR Daily, 7th June 2013

Source: www.iclr.co.uk