BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lumos Skincare Ltd v Sweet Squared Ltd & Ors [2013] EWCA Civ 590 (06 June 2013)
High Court (Administrative Court)
High Court Family Division)
Source: www.bailii.org
Category: law reports
Newbold and others v Coal Authority – WLR Daily
Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216
“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Regina v Hobson – WLR Daily
Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215
“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet – WLR Daily
Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214
“Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”
WLR Daily, 30th May 2013
Source: www.iclr.co.uk
Genil 48 SL and another v Bankinter SA and another – WLR Daily
Genil 48 SL and another v Bankinter SA and another (Case C-604/11); [2013] WLR (D) 213
“An investment service was offered as part of a financial product within the meaning of article 19(9) of Parliament and Council Directive 2004/39/EC of 21 April 2004 on markets in financial instruments only when it formed an integral part thereof at the time when that financial product was offered to the client.”
WLR Daily, 30th May 2013
Source: www.iclr.co.uk
Regina v X Ltd – WLR Daily
Regina v X Ltd [2013] EWCA Crim 818; [2013] WLR (D) 212
“For the purposes of regulations protecting consumers from unfair trading, the term ‘commercial practices’ could cover isolated acts as well as repeated behaviour; it depended on the circumstances. The concept was concerned with systems rather than individual transactions.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Shoreline Housing Partnership Ltd v Mears Ltd [2013] EWCA Civ 639 (05 June 2013)
Berney v Saul (t/a Thomas Saul & Co (Solicitors)) [2013] EWCA Civ 640 (05 June 2013)
High Court (Queen’s Bench Division)
Cruddas v Calvert & Ors [2013] EWHC 1427 (QB) (05 June 2013)
High Court (Chancery Division)
MacDermid Offshore Solutions Llc v Niche Products Ltd [2013] EWHC 1493 (Ch) (05 June 2013)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Serious Organised Crime Agency (SOCA) v Azam & Ors [2013] EWHC 1480 (QB) (03 June 2013)
Harrods Ltd & Ors v McNally & Ors [2013] EWHC 1479 (QB) (03 June 2013)
Fox v Boulter [2013] EWHC 1435 (QB) (04 June 2013)
High Court (Chancery Division)
Williams v Glover & Anor [2013] EWHC 1447 (Ch) (04 June 2013)
High Court (Administrative Court)
Source: www.bailii.org
Aspect Construction (Asbestos) Ltd v Higgins Construction plc – WLR Daily
“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
In re Joseph Hill & Co, Solicitors – WLR Daily
In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210
“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Regina v Jawad – WLR Daily
Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209
“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Abdulrahim v Council of the European Union and another – WLR Daily
Abdulrahim v Council of the European Union and another (Case C-239/12P); [2013] WLR (D) 208
“Despite the removal of his name from a ‘terrorist watch list’, established by Council Regulation (EC) No 881/2002 imposing restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, to which his name had been added by Council Regulation (EC) 1330/2008, the applicant retained an interest in having the courts of the European Union recognise that he should never have been included on the list since the removal of his name did not dispose of his constitutional claims.”
WLR Daily, 28th May 2013
Source: www.iclr.co.uk
Cosmichome Ltd v Southampton City Council – WLR Daily
Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch); [2013] WLR (D) 207
“Section 9(2) of the Perpetuities and Accumulations Act 1964 had no application to a right of pre-emption, so long as it had not matured into an option.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Interflora Inc and another v Marks and Spencer plc and another – WLR Daily
“There was no rule in European trade mark law that the use of a sign in context was deemed to convey a single meaning in law even if it was in fact understood by different people in different ways.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Hunt v Conwy County Borough Council – WLR Daily
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
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
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)
High Court (Patents Court)
Novartis Ag v Hospira UK Ltd [2013] EWHC 1285 (Pat) (14 May 2013)
Source: www.bailii.org
BAILII: Recent Decisions
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)
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)
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
“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
“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
