Category: law reports

Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 3rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (03 May 2013)

Henley & Anor v Cohen [2013] EWCA Civ 480 (02 May 2013)

National Merchant Buying Society Ltd v Bellamy & Anor [2013] EWCA Civ 452 (02 May 2013)

Heron v TNT (UK) Ltd & Anor [2013] EWCA Civ 469 (02 May 2013)

Court of Appeal (Criminal Division)

AJR v R. [2013] EWCA Crim 591 (01 May 2013)

High Court (Administrative Court)

Belbin v Lille Court of First Instance, France [2013] EWHC 1099 (Admin) (02 May 2013)

Margate Town Centre Regeneration Company Ltd & Ors v Secretary of State for Communities and Local Government & Anor [2013] EWHC 973 (Admin) (02 May 2013)

FH (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1092 (Admin) (01 May 2013)

High Court (Queen’s Bench Division)

Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)

Source: www.bailii.org

Regina v Radjpaul – WLR Daily

Posted May 3rd, 2013 in appeals, harassment, insanity, law reports, reasons by sally

Regina v Radjpaul: [2013] EWCA Crim 591;   [2013] WLR (D)  160

“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by sally

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by sally

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Posted May 3rd, 2013 in children, codes of practice, human rights, illegality, law reports, ministers' powers and duties, young offenders by sally

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Attrill and others v Dresdner Kleinwort Ltd and another – WLR Daily

Posted May 3rd, 2013 in appeals, contract of employment, law reports, remuneration by sally

Attrill and others v Dresdner Kleinwort Ltd and another: [2013] EWCA Civ 394;   [2013] WLR (D)  156

“A unilateral promise to pay discretionary bonuses introduced into a pre-existing contractual relationship was legally binding.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 2nd, 2013 in law reports by sally

Supreme Court

ClientEarth, R (on the application of) v The Secretary of State for the Environment, Food and Rural Affairs [2013] UKSC 25 (1 May 2013)

WHA Ltd & Anor v Revenue and Customs [2013] UKSC 24 (1 May 2013)

Faulkner, R (on the application of) v Secretary of State for Justice & Anor [2013] UKSC 23 (1 May 2013)

Court of Appeal (Criminal Division)

Dicks, R. v [2013] EWCA Crim 429 (14 March 2013)

Court of Appeal (Civil Division)

PC & Anor v City of York Council [2013] EWCA Civ 478 (01 May 2013)

Tael One Partners Ltd v Morgan Stanley & Co International Plc [2013] EWCA Civ 473 (01 May 2013)

LB v London Borough of Merton & Anor [2013] EWCA Civ 476 (01 May 2013)

Slutsker v Haron Investments Ltd & Anor [2013] EWCA Civ 430 (01 May 2013)

High Court (Queen’s Bench Division)

Cruddas v Calvert & Ors [2013] EWHC 1096 (QB) (01 May 2013)

High Court (Chancery Division)

Compton Beauchamp Estates Ltd v Spence [2013] EWHC 1101 (Ch) (01 May 2013)

JD Wetherspoon Plc v Harris & Ors [2013] EWHC 1088 (Ch) (01 May 2013)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 1087 (Ch) (01 May 2013)

High Court (Family Division)

S v S (Rev 1) [2013] EWHC 991 (Fam) (29 April 2013)

High Court (Commercial Court)

Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd & Ors [2013] EWHC 1063 (Comm) (01 May 2013)

High Court (Technology and Construction Court)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) (29 April 2013)

Source: www.bailii.org

R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

Posted May 2nd, 2013 in compensation, delay, law reports, parole, Supreme Court by sally

R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 23 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 2nd, 2013 in insurance, law reports, repairs, Supreme Court, VAT by sally

WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 24 | UKSC 2009/0074 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

Posted May 2nd, 2013 in EC law, environmental protection, law reports, pollution, references to European Court, Supreme Court by sally

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2013] UKSC 25 | UKSC 2012/0179 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted May 1st, 2013 in law reports by sally

Court of Appeal (Civil Division)

JL, R (on the application of) v Secretary of State for Defence [2013] EWCA Civ 449 (30 April 2013)

High Court (Commercial Court)

England and Wales Cricket Board Ltd v Kaneria [2013] EWHC 1074 (Comm) (21 March 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Astrazeneca AB v Hexal AG & Ors [2013] EWCA Civ 454 (30 April 2013)

The Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2013] EWCA Civ 472 (30 April 2013)

Williams v Williams (The Estate of) [2013] EWCA Civ 455 (30 April 2013)

Carter & Anor v Lifeplan Products Ltd [2013] EWCA Civ 453 (29 April 2013)

Devon CC v TR [2013] EWCA Civ 418 (30 April 2013)

High Court (Administrative Court)

Nash, R (on the application of) v Capita Plc & Ors [2013] EWHC 1067 (Admin) (29 April 2013)

High Court (Chancery Division)

Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch) (30 April 2013)

Source: www.bailii.org

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Posted April 30th, 2013 in agreements, appeals, arbitration, law reports, partnerships, stay of proceedings, third parties by sally

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii – WLR Daily

Posted April 30th, 2013 in burden of proof, EC law, law reports, recruitment, sexual orientation discrimination, sport by sally

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii (Case C-81/12); [2013] WLR (D) 153

“Homophobic statements made by a person perceived as playing a leading role in a football club but who did not have legal capacity to bind it in recruitment matters were capable of constituting ‘facts from which it may be presumed that there has been … discrimination’ pursuant to articles 2(2) and 10(1) of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L303, p16).”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Verma v Barts and The London NHS Trust (NHS Employers intervening) – WLR Daily

Posted April 30th, 2013 in contract of employment, doctors, hospitals, law reports, part-time work, remuneration by sally

Verma v Barts and The London NHS Trust (NHS Employers intervening) [2013] UKSC 20; [2013] WLR (D) 152

“Where a part-time locum doctor, as a step towards achieving a consultant’s post, took a one-year full time training post at a lower rate of pay but under the relevant NHS terms and conditions was entitled to pay protection, that entitlement was not limited to preserving her previous annual earnings but required her employer to pay all her new full-time hours at an hourly-rate equivalent to her previous part-time work.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 30th, 2013 in adoption, appeals, law reports, parental rights by sally

In re C (A Child) (Adoption: Placement order) [2013] EWCA Civ 431; [2013] WLR (D) 151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 29th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Hay & Ors v Gilgrove Ltd & Ors [2013] EWCA Civ 412 (26 April 2013)

Dresdner Kleinwort Ltd & Anor v Attrill & Ors [2013] EWCA Civ 394 (26 April 2013)

High Court (Administrative Court)

T, R (on the application of) v Legal Aid Agency & Ors [2013] EWHC 960 (Admin) (26 April 2013)

Khatoon v The Entry Clearance Officer Islamabad [2013] EWHC 972 (Admin) (26 April 2013)

Syed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 984 (Admin) (26 April 2013)

Kamara v Secretary of State for the Home Department [2013] EWHC 959 (Admin) (26 April 2013)

High Court (Commercial Court)

Grupo Hotelero Urvasco SA v Carey Value Added SL & Anor [2013] EWHC 1039 (Comm) (26 April 2013)

Source: www.bailii.org.uk

Regina (Evans) v Basingstoke and Deane Borough Council and another – WLR Daily

Posted April 29th, 2013 in EC law, environmental protection, judicial review, law reports, planning, time limits by sally

Regina (Evans) v Basingstoke and Deane Borough Council and another: [2013] EWHC 899 (Admin);   [2013] WLR (D)  150

“The existence in English law of a ten year period after which a breach of planning control was no longer actionable was not incompatible with the terms of Council Directive 85/337/EEC (the Environmental Impact Assessment Directive).”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 29th, 2013 in adoption, appeals, children, law reports, news, parental rights, placement orders by sally

In re C (A Child) (Adoption: Placement order): [2013] EWCA Civ 431;   [2013] WLR (D)  151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk