Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court
Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)
Supreme Court, 22nd May 2013
Category: law reports
Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily
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
“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
AAA v Associated Newspapers Ltd – WLR Daily
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
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
“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
“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
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)
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)
Hide v The Steeplechase Company (Cheltenham) Ltd & Ors [2013] EWCA Civ 545 (22 May 2013)
High Court (Chancery Division)
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
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)
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)
High Court (Commercial Court)
X v Y [2013] EWHC 1104 (Comm) (07 May 2013)
JSC BTA Bank v Ablyazov [2013] EWHC 1361 (Comm) (25 April 2013)
Source: www.bailii.org
Novartis AG v Hospira UK Ltd – WLR Daily
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
“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
Court of Appeal (Civil Division)
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 (20 May 2013)
High Court (Administrative Court)
Source: www.bailii.org
Joyce v O’Brien and another – WLR Daily
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
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
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
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)
UK Uncut Legal Action Ltd v Revenue and Customs [2013] EWHC 1283 (Admin) (16 May 2013)
Source: www.bailii.org
Preston (formerly Moore) v President of the Methodist Conference – WLR Daily
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
Court of Appeal (Criminal Division)
R. v Kallakis & Anor [2013] EWCA Crim 709 (16 May 2013)
Court of Appeal (Civil Division)
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)
High Court (Administrative Court)
Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)
High Court (Commercial Court)
Source: www.bailii.org
Regina (A) v Lowestoft Magistrates’ Court – WLR Daily
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
