law reports – Page 143 – Current Awareness

AAA v Associated Newspapers Ltd – WLR Daily

Posted May 23rd, 2013 in appeals, confidentiality, damages, freedom of expression, injunctions, law reports, media, paternity, privacy, public interest by sally

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189

“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily

Posted May 23rd, 2013 in appeals, documents, law reports, local government, rights of way by sally

Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186

“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily

Posted May 23rd, 2013 in appeals, ASBOs, gangs, injunctions, law reports, local government, violence by sally

Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185

“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Supreme Court

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013)

Revenue and Customs v Marks and Spencer plc [2013] UKSC 30 (22 May 2013)

Public Prosecution Service v McKee (Northern Ireland) [2013] UKSC 32 (22 May 2013)

Court of Appeal (Civil Division)

Sandiford, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 581 (22 May 2013)

HSBC Bank Plc v Tambrook Jersey Ltd [2013] EWCA Civ 576 (22 May 2013)

Mohan v Mohan [2013] EWCA Civ 586 (22 May 2013)

Novartis AG v Hospira UK Ltd [2013] EWCA Civ 583 (22 May 2013)

Hill, R (on the application of) v Institute of Chartered Accountants In England and Wales [2013] EWCA Civ 555 (22 May 2013)

Hide v The Steeplechase Company (Cheltenham) Ltd & Ors [2013] EWCA Civ 545 (22 May 2013)

High Court (Chancery Division)

Doosan Power Systems Ltd v Babcock International Group Plc & Anor [2013] EWHC 1364 (Ch) (22 May 2013)

High Court (Administrative Court)

M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013)

High Court (Commercial Court)

E & Ors v M [2013] EWHC 895 (Comm) (08 May 2013)

High Court (Patents Court)

Generics (UK) Ltd (t/a Mylan) v Novartis Ag [2013] EWHC 886 (Pat) (12 April 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

ITN News & Ors v R [2013] EWCA Crim 773 (21 May 2013)

Johal, R. v [2013] EWCA Crim 647 (19 April 2013)

Joseph Hill & Company, Solicitors, Re Wasted Costs Order Made Against [2013] EWCA Crim 775 (21 May 2013)

Court of Appeal (Civil Division)

Soares v Secretary of State for the Home Department [2013] EWCA Civ 575 (21 May 2013)

Actavis Group HF v Eli Lilly & Company [2013] EWCA Civ 517 (21 May 2013)

High Court (Queen’s Bench Division)

IA, R (on the application of) v City of Westminster Council [2013] EWHC 1273 (QB) (20 May 2013)

High Court (Chancery Division)

Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch) (21 May 2013)

Y County Council v ZZ [2012] EWHC B34 (Ch) (25 July 2012)

High Court (Administrative Court)

Calland, R (on the application of) v Financial Ombudsman Service Ltd [2013] EWHC 1327 (Admin) (21 May 2013)

Mary George Ltd, R (on the application of) v Care Quality Commission & Anor [2013] EWHC 1341 (Admin) (21 May 2013)

Kaiyam, R (on the application of) v Secretary of State for Justice [2013] EWHC 1340 (Admin) (21 May 2013)

High Court (Commercial Court)

Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd [2013] EWHC 1276 (Comm) (20 May 2013)

X v Y [2013] EWHC 1104 (Comm) (07 May 2013)

JSC BTA Bank v Ablyazov [2013] EWHC 1361 (Comm) (25 April 2013)

Campbell v Public Prosecutor of the Grande Instance Tribunal of St-Malo, France [2013] EWHC 1288 (Admin) (20 May 2013)

Source: www.bailii.org

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 21st, 2013 in law reports by sally

Court of Appeal (Civil Division)

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 (20 May 2013)

Trail Riders Fellowship & Anor, R (on the application of) v Dorset County Council & Ors [2013] EWCA Civ 553 (20 May 2013)

High Court (Administrative Court)

Commissioner of Police of the Metropolis v The Police Medical Appeal Board [2013] EWHC 1203 (Admin) (17 May 2013)

Rehman, R (on the application of) v Secretary of State of the Home Department [2013] EWHC 1280 (Admin) (17 May 2013)

Source: www.bailii.org

Joyce v O’Brien and another – WLR Daily

Posted May 20th, 2013 in causation, ex turpi causa, joint enterprise, law reports, negligence, personal injuries by sally

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Posted May 20th, 2013 in appeals, charities, environmental protection, fisheries, joint liability, law reports by sally

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council – WLR Daily

Posted May 20th, 2013 in appeals, homelessness, housing, law reports, local government by sally

Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180

“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Willock & Ors v Corus UK Ltd [2013] EWCA Civ 519 (17 May 2013)

Birmingham City Council v James & Anor [2013] EWCA Civ 552 (17 May 2013)

Joyce v O’Brien & Anor [2013] EWCA Civ 546 (17 May 2013)

A (a child), Re (a child) [2013] EWCA Civ 543 (16 May 2013)

High Court (Family Division)

MR (A Child) [2013] EWHC 1156 (Fam) (07 May 2013)

High Court (Administrative Court)

Azaroal, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1248 (Admin) (17 May 2013)

UK Uncut Legal Action Ltd v Revenue and Customs [2013] EWHC 1283 (Admin) (16 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Source: www.bailii.org

Preston (formerly Moore) v President of the Methodist Conference – WLR Daily

Posted May 17th, 2013 in Christianity, employment, law reports, Supreme Court, unfair dismissal by sally

Preston (formerly Moore) v President of the Methodist Conference [2013 UKSC 29; [2013] WLR (D) 179

“The basis for the rights and duties of an ordained minister of the Methodist Church were to be found in the constitutional provisions of the church and not in any arrangement of a kind which could amount to a contract. Therefore a Methodist minister was not an ’employee’ of the church for the purposes of section 230 of the Employment Rights Act 1996 and was not entitled to bring proceedings for unfair dismissal against the church.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Kallakis & Anor [2013] EWCA Crim 709 (16 May 2013)

Court of Appeal (Civil Division)

Environment Agency v Manchester Ship Canal Company Ltd & Anor, R. (On the application of) [2013] EWCA Civ 542 (16 May 2013)

D & G Cars Ltd v Essex Police Authority [2013] EWCA Civ 514 (16 May 2013)

Fish & Fish Ltd v Sea Shepherd UK & Ors [2013] EWCA Civ 544 (16 May 2013)

Serious Organised Crime Agency (SOCA) v O’Docherty & Anor [2013] EWCA Civ 518 (16 May 2013)

High Court (Queen’s Bench Division)

Thames Chambers Solicitors v Miah (Rev 1) [2013] EWHC 1245 (QB) (16 May 2013)

Cussens v Realreed Ltd [2013] EWHC 1229 (QB) (15 May 2013)

High Court (Chancery Division)

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2013] EWHC 1279 (Ch) (16 May 2013)

High Court (Administrative Court)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

High Court (Commercial Court)

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd & Anor [2013] EWHC 1240 (Comm) (16 May 2013)

Source: www.bailii.org

Regina (A) v Lowestoft Magistrates’ Court – WLR Daily

Posted May 16th, 2013 in children, law reports, local government, reporting restrictions by sally

Regina (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin); [2013] WLR (D) 177

“The child specifically referred to in any charge under section 2(1) of the Licensing Act 1902 was a subject of criminal proceedings which were taken ‘in respect of’, and thus “concerned”, that child for the purposes of the court’s power to impose reporting restrictions under section 39 of the Children and Young Persons Act 1933.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

Posted May 16th, 2013 in appeals, cohabitation, law reports, learning difficulties, local government, mental health by sally

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others – WLR Daily

Posted May 16th, 2013 in appeals, gambling, horse racing, law reports by sally

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others [2013] EWCA Civ 487; [2013] WLR (D) 174

“A customer which as part of its business did betting on a betting exchange did not receive or negotiate bets so was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963 and was not liable to pay the horserace betting levy.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk