Category: law reports

Hunt v Conwy County Borough Council – WLR Daily

Posted June 3rd, 2013 in bankruptcy, housing, insolvency, law reports, local government, statutory interpretation by sally

Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205

“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Regina (Gray and another) v Crown Court at Aylesbury – WLR Daily

Posted June 3rd, 2013 in animal cruelty, costs, disqualification, judicial review, law reports by sally

Regina (Gray and another) v Crown Court at Aylesbury [2013] EWHC 500 (Admin); [2013] WLR (D) 204

“The court ought not to record a separate conviction under section 9 of the Animal Welfare Act 2006 where a person had been found guilty of an offence under section 4 and the neglect proved under section 9 was no wider than the conduct which caused the unnecessary suffering for which there was guilt under section 4.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 30th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Turner v R. [2013] EWCA Crim 642 (09 May 2013)

Brinkley, R v [2013] EWCA Crim 760 (19 April 2013)

High Court (Chancery Division)

Abbar & Anor v Saudi Economic & Development Company (Sedco) Real Estate Ltd & Ors [2013] EWHC 1414 (Ch) (24 May 2013)

High Court (Patents Court)

Novartis Ag v Hospira UK Ltd [2013] EWHC 1285 (Pat) (14 May 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 29th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Lewis & Ors v R. [2013] EWCA Crim 776 (23 May 2013)

Court of Appeal (Civil Division)

B2 v Secretary of State for the Home Department [2013] EWCA Civ 616 (24 May 2013)

Ker v Optima Community Association [2013] EWCA Civ 579 (24 May 2013)

Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013)

Hemming (t/a Simply Pleasure Ltd) & Ors, R (on the application of) v The Lord Mayor and Citizens of Westminster [2013] EWCA Civ 591 (24 May 2013)

SS (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 550 (22 May 2013)

High Court (Queen’s Bench Division)

Rehman & Anor v Jones Lang Lasalle Ltd [2013] EWHC 1339 (QB) (22 May 2013)

McAlpine v Bercow [2013] EWHC 1342 (QB) (24 May 2013)

High Court (Chancery Division)

Turner v Chief Land Registrar [2013] EWHC 1382 (Ch) (24 May 2013)

Walden v Atkins [2013] EWHC 1387 (Ch) (23 May 2013)

London & Medway Ltd v Sunley Holdings Plc [2013] EWHC 1420 (Ch) (24 May 2013)

Creasey & Anor v Sole & Ors [2013] EWHC 1410 (Ch) (24 May 2013)

High Court (Family Division)

Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam) (07 May 2013)

Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam) (21 May 2013)

AB v CD [2013] EWHC 1418 (Fam) (24 May 2013)

J v G [2013] EWHC 1432 (Fam) (26 March 2013)

High Court (Administrative Court)

Sunderland City Council v Stirling Investment Properties LLP [2013] EWHC 1413 (Admin) (24 May 2013)

Kheirollahi-Ahmadroghani v Secretary of State for the Home Department [2013] EWHC 1314 (Admin) (22 May 2013)

High Court (Technology and Construction Court)

Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1191 (TCC) (24 May 2013)

High Court (Commercial Court)

Mauritius Commercial Bank Ltd v Hestia Holdings Ltd & Anor [2013] EWHC 1328 (Comm) (24 May 2013)

Source: www.bailii.org

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily

Posted May 29th, 2013 in EC law, fees, judicial review, law reports, licensing, local government, part 36 offers, sex establishments by sally

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council [2013] EWCA Civ 591; [2013] WLR (D) 203

“Since the coming into force of the Provision of Services Regulations 2009 a local authority was not permitted, when determining the reasonable licence fee for sex establishments, to reflect in the fee which it determined the cost of enforcing the licensing system against unlicensed operators.”

WLR Daily, 24th May 2013

Source: www.iclr.co.uk

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted May 28th, 2013 in appeals, death penalty, drug trafficking, foreign jurisdictions, law reports, legal aid, news, sentencing by sally

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 581; [2013] WLR (D) 201

“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others – WLR Daily

Posted May 28th, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others [2013] UKSC 31; [2013] WLR (D) 200

“A former employee who started a business which developed a product using her former employers’ trade secrets was not liable for breach of confidence in circumstances where she neither knew the identity of those secrets nor that they were being used to develop the new product.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Laing v The Queen – WLR Daily

Posted May 28th, 2013 in appeals, human rights, law reports, Privy Council, reasons, trials by sally

Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198

Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Barker v Lancashire County Council [2013] EWCA Civ 582 (23 May 2013)

Newbold & Ors v The Coal Authority [2013] EWCA Civ 584 (23 May 2013)

Crinion & Anor v IG Markets Ltd [2013] EWCA Civ 587 (23 May 2013)

Delaney v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 585 (23 May 2013)

Ben Nevis (Holdings) Ltd. & Anor v Revenue & Customs [2013] EWCA Civ 578 (23 May 2013)

Court of Appeal (Criminal Division)

X Ltd, R. v [2013] EWCA Crim 818 (23 May 2013)

High Court (Administrative Court)

Mousa & Ors, R (on the application of) v Secretary of State for Defence [2013] EWHC 1412 (Admin) (24 May 2013)

High Court (Chancery Division)

Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch) (23 May 2013)

High Court (Commercial Court)

Cruz City 1 Mauritius Holdings v Unitech Ltd. & Ors [2013] EWHC 1323 (Comm) (23 May 2013)

White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Ltd [2013] EWHC 1355 (Comm) (23 May 2013)

High Court (Queen’s Bench Division)

Rogers & Anor v Hoyle [2013] EWHC 1409 (QB) (23 May 2013)

Ali v Ali & Ors [2013] EWHC 1233 (QB) (23 May 2013)

High Court (Technology and Construction Court)

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWHC 1322 (TCC) (23 May 2013)

Venulum Property Investments Ltd v Space Architecture Ltd & Ors [2013] EWHC 1242 (TCC) (22 May 2013)

Source: www.bailii.org

Goodman and another v Goodman and another: In re Goodman (decd) – WLR Daily

Posted May 24th, 2013 in executors, law reports, probate, wills by sally

Goodman and another v Goodman and another: In re Goodman (decd): [2013] EWHC 758 (Ch); [2013] WLR (D) 197

“Section 50 of the Administration of Justice Act 1985, which contained a power to replace or remove personal representatives, applied to a person named as an executor in a will but who had not been granted probate.”

WLR Daily, 18th May 2013

Source: www.iclr.co.uk

Melzer v MF Global UK Ltd – WLR Daily

Posted May 24th, 2013 in conflict of laws, EC law, jurisdiction, law reports by sally

Melzer v MF Global UK Ltd: (Case C-228/11); [2013] WLR (D) 196

“The special jurisdiction in matters relating to tort under article 5(3) of Council Regulation (EC) No 44/2001 was not applicable where, in a case in which several people acting in different member states took part in allegedly harmful events, the action was brought against one of them who had not acted within the jurisdiction of the court seised, on the basis of a harmful event imputed to an accomplice or joint participant who was within the jurisdiction of the court, but who was not a party to the dispute.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

In re Tambrook Jersey Ltd; HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

Posted May 24th, 2013 in appeals, insolvency, Jersey, jurisdiction, law reports by sally

In re Tambrook Jersey Ltd: HSBC Bank plc v Tambrook Jersey Ltd: [2013] EWCA 576; [2013] WLR (D) 193

“The English court could ‘assist’ a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

SS (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2013 in appeals, deportation, families, human rights, immigration, law reports by sally

SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550;   [2013] WLR (D)  192

“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hobson v R. [2013] EWCA Crim 819 (23 May 2013)

Court of Appeal (Civil Division)

Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd [2013] EWCA Civ 577 (23 May 2013)

High Court (Queen’s Bench Division)

Corbett v Cumbria Kart Racing Club & Ors [2013] EWHC 1362 (QB) (22 May 2013)

High Court (Administrative Court)

Mustafa, R (on the application of) v The Office of the Independent Adjudicator for Higher Education [2013] EWHC 1379 (Admin) (23 May 2013)

Source: www.bailii.org

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted May 23rd, 2013 in accounts, EC law, HM Revenue & Customs, law reports, subsidiary companies, Supreme Court, taxation by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2013] UKSC 30 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court

Posted May 23rd, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court

Posted May 23rd, 2013 in admissibility, fingerprints, law reports, Northern Ireland, Supreme Court by sally

Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily

Posted May 23rd, 2013 in accounts, EC law, HM Revenue & Customs, law reports, subsidiary companies, Supreme Court, taxation by sally

Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191

“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Regina (EO and others) v Secretary of State for the Home Department – WLR Daily

Posted May 23rd, 2013 in asylum, detention, immigration, law reports, torture by sally

Regina (EO and others) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin); [2013] WLR (D) 190

“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk