Category: law reports

Loveridge v Lambeth London Borough Council – WLR Daily

Posted May 16th, 2013 in appeals, damages, harassment, landlord & tenant, law reports, local government, repossession, valuation by sally

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court

Posted May 16th, 2013 in Christianity, employment, law reports, Supreme Court, unfair dismissal by sally

The President of the Methodist Conference (Appellant) v Preston (Respondent) [2013] UKSC 29 | UKSC 2012/0015 (YouTube)

Supreme Court, 15th May 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted May 16th, 2013 in law reports by sally

Supreme Court

Methodist Conference v Preston (Rev 1) [2013] UKSC 29 (15 May 2013)

Court of Appeal (Criminal Division)

Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

Norris v R. [2013] EWCA Crim 712 (15 May 2013)

Court of Appeal (Civil Division)

Doy v Gunn [2013] EWCA Civ 547 (08 May 2013)

Hotak v London Borough of Southwark (Rev 1) [2013] EWCA Civ 515 (15 May 2013)

Watson, R (on the application of) v London Borough of Richmond Upon Thames [2013] EWCA Civ 513 (15 May 2013)

United Marine Aggregates Ltd. v GM Welding & Engineering Ltd & Anor [2013] EWCA Civ 516 (14 May 2013)

High Court (Chancery Division)

Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

Kemsley v Barclays Bank Plc & Ors [2013] EWHC 1274 (Ch) (15 May 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint -Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 1161 (TCC) (14 May 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mellor & Ors v Partridge & Anor [2013] EWCA Civ 477 (03 May 2013)

High Court (Family Division)

IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam) (14 May 2013)

High Court (Administrative Court)

Public Safety Charitable Trust v Milton Keynes Council [2013] EWHC 1237 (Admin) (14 May 2013)

High Court (Patents Court)

Swarovski-Optik KG v Leica Camera AG & Anor [2013] EWHC 1227 (Pat) (10 May 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 14th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dossett, R v [2013] EWCA Crim 710 (14 May 2013)

Turnbull, R. v [2013] EWCA Crim 676 (18 April 2013)

Court of Appeal (Civil Division)

Hamid (t/a Hamid Properties) v Francis Bradshaw Partnership [2013] EWCA Civ 470 (02 May 2013)

High Court (Queen’s Bench Division)

The Serious Organised Crime Agency v Namli & Ors [2013] EWHC 1200 (QB) (10 May 2013)

ABK v KDT & Anor [2013] EWHC 1192 (QB) (13 May 2013)

Ashcourt Rowan Financial Planning Ltd v Hall [2013] EWHC 1185 (QB) (10 May 2013)

High Court (Chancery Division)

Golstein v Bishop [2013] EWHC 881 (Ch) (02 May 2013)

High Court (Family Division)

DR v GR & Ors (Financial Remedy: Variation of Overseas Trust) [2013] EWHC 1196 (Fam) (10 May 2013)

High Court (Commercial Court)

West Is West Distribution Ltd v Icon Film Distribution Ltd [2013] EWHC 1181 (Comm) (10 May 2013)

Source: www.bailii.org

Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily

Posted May 14th, 2013 in financial advice, law reports, mistake, Supreme Court, taxation, trusts by sally

Pitt and another v Holt and another; Futter and another v Futter and others [2013] UKSC 26; [2013] WLR (D) 172

“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”

WLR Daily, May 2013

Source: www.iclr.co.uk

Taylor v Chief Constable of Hampshire Police – WLR Daily

Posted May 14th, 2013 in appeals, employment, health & safety, law reports, personal injuries, police, protective equipment by sally

Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 13th, 2013 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Court of Appeal (Criminal Division)

Hussain,

R v [2013] EWCA Crim 707 (10 May 2013)

R, M & L, R v [2013] EWCA Crim 708 (10 May 2013)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Mahil & Ors v R. [2013] EWCA Crim 673 (09 May 2013)

High Court (Administrative Court)

MN & Anor v London Borough of Hackney [2013] EWHC 1205 (Admin) (10 May 2013)

Samuel Smith Old Brewery Tadcaster v Selby District Council [2013] EWHC 1159 (Admin) (10 May 2013)

High Court (Chancery Division)

RC Brewery Ltd v HM Revenue and Customs [2013] EWHC 1184 (Ch) (10 May 2013)

Slocom Trading Ltd & Anor v Tatik Inc & Ors [2013] EWHC 1201 (Ch) (10 May 2013)

Kuppusamy v Mathankanna & Anor [2013] EWHC 1197 (Ch) (10 May 2013)

High Court (Commercial Court)

Seagrain LLC v Glencore Grain B V [2013] EWHC 1189 (Comm) (10 May 2013)

Kingsway Shipping Co Ltd v Stx Gulf Shipping DMCCO, Re YONG JIN [2013] EWHC 1149 (Comm) (07 May 2013)

High Court (Queen’s Bench Division)

The Serious Organised Crime Agency v Namli & Ors [2013] EWHC 1200 (QB) (10 May 2013)

Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)

National Westminster Bank v Frankham [2013] EWHC 1199 (QB) (10 May 2013)

High Court (Technology and Construction Court)

Farrelly (M & E) Building Services Ltd v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) (09 May 2013)

Source: www.bailii.org

Ahmadi v Secretary of State for the Home Department – WLR Daily

Posted May 13th, 2013 in appeals, asylum, immigration, interpretation, law reports by sally

Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170

“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Alarape and another v Secretary of State for the Home Department – WLR Daily

Posted May 10th, 2013 in EC law, education, families, immigration, law reports by sally

Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168

“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Khans Solicitors (a firm) v Chifuntwe and another – WLR Daily

Posted May 10th, 2013 in appeals, costs, law firms, law reports, solicitors by sally

Khans Solicitors (a firm) v Chifuntwe and another [2013] EWCA Civ 481; [2013] WLR (D) 167

“The court would intervene to protect a solicitor’s claim on funds recovered or due to be recovered by a client or former client if the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 9th, 2013 in law reports by sally

Supreme Court

BNY Corporate Trustee Services Ltd & Ors v v Neuberger [2013] UKSC 28 (9 May 2013)

Futter & Anor v Revenue and Customs [2013] UKSC 26 (9 May 2013)

SL v Westminster City Council [2013] UKSC 27 (9 May 2013)

Court of Appeal (Civil Division)

Hampshire Police v Taylor [2013] EWCA Civ 496 (09 May 2013)

Harbinger Capital Partners v Caldwell (As the Independent Valuer of Northern Rock Plc) & Anor [2013] EWCA Civ 492 (09 May 2013)

Consolidated Finance Ltd v Collins & Anor [2013] EWCA Civ 475 (08 May 2013)

Vince v Wyatt [2013] EWCA Civ 495 (08 May 2013)

Khans Solicitor (A Firm) v Chifuntwe & Anor [2013] EWCA Civ 481 (08 May 2013)

Seear v St George’s Healthcare NHS Trust [2013] EWCA Civ 491 (08 May 2013)

OM Property Management Ltd v Burr [2013] EWCA Civ 479 (03 May 2013)

William Hill Organisation Ltd & Anor, R (on the application of) v The Horserace Betting Levy Board & Ors [2013] EWCA Civ 487 (03 May 2013)

Court of Appeal (Criminal Division)

Jawad v R [2013] EWCA Crim 644 (03 May 2013)

High Court (Administrative Court)

Ivlev, R (on the application of) v Entry Clearance Officer, New York [2013] EWHC 1162 (Admin) (09 May 2013)

SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin) (08 May 2013)

Bowring & Anor v Secretary of State for Communities and Local Government London & Anor [2013] EWHC 1115 (Admin) (03 May 2013)

T, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 1119 (Admin) (03 May 2013)

High Court (Chancery Division)

Shetty v Al Rushaid Petroleum Investment Company & Ors [2013] EWHC 1152 (Ch) (08 May 2013)

Hunt & Anor v Conwy County Borough Council [2013] EWHC 1154 (Ch) (08 May 2013)

Greaves v Stolkin [2013] EWHC 1140 (Ch) (03 May 2013)

Nokia OYJ v IPCom GmbH & Co Kg [2013] EWHC 1158 (Ch) (02 May 2013)

High Court (Patents Court)

Nokia OYJ v IPCom GmbH & Co KG [2013] EWHC 1178 (Pat) (02 May 2013)

High Court (Queen’s Bench Division)

Coates v Dartford Borough Council [2013] EWHC 1160 (QB) (08 May 2013)

TW v London Borough of Enfield & Anor [2013] EWHC 1180 (QB) (08 May 2013)

Yapp v Foreign & Commonwealth Office [2013] EWHC 1098 (QB) (03 May 2013)

Jones & Ors v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 1023 (QB) (03 May 2013)

High Court (Technology and Construction Court)

TSG Building Services Plc v South Anglia Housing Ltd [2013] EWHC 1151 (TCC) (08 May 2013)

Source: www.bailii.org

 

 

 

Wyatt v Vince – WLR Daily

Posted May 9th, 2013 in abuse of process, appeals, divorce, financial provision, law reports, striking out by sally

 Wyatt v Vince: [2013] EWCA Civ 495;   [2013] WLR (D)  166

“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 9th, 2013 in appeals, covenants, energy, landlord & tenant, law reports, service charges, time limits by sally

Burr v OM Property Management Ltd: [2013] EWCA Civ 479;   [2013] WLR (D)  164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Golstein v Bishop – WLR Daily

Posted May 8th, 2013 in law reports, partnerships, solicitors by sally

Golstein v Bishop [2013] EWHC 881 (Ch); [2013] WLR (D) 163

“The dissolution of a partnership could not be brought about by an accepted repudiation.”

WLR Daily, 2nd May 2013

Source: www.iclr.co.uk

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily

Posted May 8th, 2013 in damages, delay, human rights, imprisonment, law reports, parole by sally

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk