law reports – Page 146 – Current Awareness

“A plea of autrefois acquit or convict was to be narrowly confined to cases where the offences were the same in fact or law. In any case where the narrow application of that principle would result in unfairness or injustice to a defendant, amounting to oppression, the remedy lay in the power of the court to stay the proceedings.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

Dowland v Architects Registration Board – WLR Daily

Posted April 26th, 2013 in bankruptcy, disqualification, law reports, professional conduct by sally

Dowland v Architects Registration Board: [2013] EWHC 893 (Admin); [2013] WLR (D) 148

“The Architects Registration Board was not limited to questions of competence when considering whether to reinstate a person to the Register of Architects.”

WLR Daily, 19th April 29013

Source: www.iclr.co.uk

Regina v Cosford and others – WLR Daily

Posted April 25th, 2013 in appeals, law reports, misfeasance in public office, nurses, prisons, professional conduct by sally

Regina v Cosford and others [2013] EWCA Crim 466; [2013] WLR (D) 147

“The test for identifying a public office turned on the nature of the duty undertaken and, in particular, whether it was a public duty in the sense that it represented the fulfilment of one of the responsibilities of government such that the public had a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. The existence or otherwise of a public office was a question of law to be decided by a trial judge not by a jury.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Barts and the London NHS Trust (Respondent) v Verma (Appellant) – Supreme Court

Posted April 25th, 2013 in contract of employment, doctors, hospitals, law reports, part-time work, remuneration, Supreme Court by sally

Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court

Posted April 25th, 2013 in agricultural holdings, declarations of incompatibility, landlord & tenant, law reports, partnerships, Supreme Court by sally

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) [2013] UKSC 22 | UKSC 2012/0111 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 25th, 2013 in law reports by sally

Supreme Court

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 (24 April 2013)

Uprichard v Scottish Ministers & Anor (Scotland) [2013] UKSC 21 (24 April 2013)

Barts and the London NHS Trust v Verma [2013] UKSC 20 (24 April 2013)

Court of Appeal (Criminal Court)

Foye v R. [2013] EWCA Crim 475 (24 April 2013)

JFJ, R. v [2013] EWCA Crim 569 (24 April 2013)

High Court (Queen’s Bench Division)

Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor [2013] EWHC 840 (QB) (24 April 2013)

High Court (Administrative Court)

Bracking & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor [2013] EWHC 897 (Admin) (24 April 2013)

F, R (on the application of) v The Director of Public Prosecutions & Anor [2013] EWHC 945 (Admin) (24 April 2013)

MV, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1017 (Admin) (24 April 2013)

Treagus, R (on the application of) v Suffolk County Council & Anor [2013] EWHC 950 (Admin) (24 April 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

BMA Special Opportunity Hub Fund Ltd & Ors v African Minerals Finance Ltd [2013] EWCA Civ 416 (23 April 2013)

Eco 3 Capital Ltd & Ors v Ludsin Overseas Ltd [2013] EWCA Civ 413 (23 April 2013)

High Court (Queen’s Bench Division)

Bateson & Anor v Savills Private Finance Ltd [2013] EWHC 719 (QB) (09 April 2013)

Solihull Metropolitan Borough Council v Burton & Ors [2013] EWHC 971 (QB) (26 March 2013)

High Court (Administrative Court)

Chuah v Nursing and Midwifery Council [2013] EWHC 894 (Admin) (23 April 2013)

Catt, R (on the application of) v Brighton & Hove City Council [2013] EWHC 977 (Admin) (23 April 2013)

Iqbal v Wandsworth County Council [2013] EWHC 875 (Admin) (23 April 2013)

Ewing v London Borough of Camden [2013] EWHC 961 (Admin) (22 April 2013)

Creed -Miles, R (on the application of) v Tower Bridge Yacht and Boat Co Ltd [2013] EWHC 853 (Admin) (17 April 2013)

Patel v Government of India & Anor [2013] EWHC 819 (Admin) (18 April 2013)

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates’ Court [2013] EWHC 898 (Admin) (18 April 2013)

Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013)

High Court (Chancery Division)

Singh & Anor v Sanghera & Ors [2013] EWHC 956 (Ch) (22 April 2013)

High Court (Family Division)

MO v Ro & Anor [2013] EWHC 392 (Fam) (01 March 2013)

Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)

High Court (Technology and Construction Court)

Morris Homes (West Midlands) Ltd v Keay & Anor [2013] EWHC 932 (TCC) (18 April 2013)

RWE Npower Renewables Ltd v J N Bentley Ltd [2013] EWHC 978 (TCC) (22 April 2013)

MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Ltd & Ors [2013] EWHC 967 (TCC) (23 April 2013)

Source: www.bailii.org

HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

Posted April 24th, 2013 in administrators, banking, courts, foreign jurisdictions, insolvency, Jersey, law reports by sally

HSBC Bank plc v Tambrook Jersey Ltd [2013] EWHC 866 (Ch); [2013] WLR (D) 146

“The English court could not “assist” a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction or any intention to commence such proceedings.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

F, R. v [2013] EWCA Crim 424 (14 March 2013)

Hursthouse, R. v [2013] EWCA Crim 517 (15 March 2013)

Court of Appeal (Civil Division)

Azevedo & Anor v Imcopa Importacao, Exportacao E Indústria De Oleos Ltd & Ors [2013] EWCA Civ 364 (22 April 2013)

Lawlor v Sandvik Mining & Construction Mobile Crushers and Screens Ltd [2013] EWCA Civ 365 (22 April 2013)

High Court (Queen’s Bench Division)

Hamaiziam & Anor v The Commissioner of Police for the Metropolis [2013] EWHC 848 (QB) (17 April 2013)

High Court (Chancery Division)

Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2013] EWHC 948 (Ch) (22 April 2013)

Shop Direct Group & Ors v HM Revenue and Customs [2013] EWHC 942 (Ch) (19 April 2013)

High Court (Administrative Court)

L, R (on the application of) v Cumbria Constabulary [2013] EWHC 869 (Admin) (19 April 2013)

Ashton v The General Medical Council [2013] EWHC 943 (Admin) (19 April 2013)

Evans, R (on the application of) v Basingstoke And Deane Borough Council [2013] EWHC 899 (Admin) (19 April 2013)

Cain, R. (In the Application of) v Secretary of State for Justice [2013] EWHC 900 (Admin) (19 April 2013)

High Court (Commercial Court)

(Granton Action) JSC BTA Bank v Ablyazov & Ors [2013] EWHC 867 (Comm) (19 April 2013)

High Court (Technology and Construction Court)

Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC) (19 April 2013)

High Court (Patents Court)

Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat) (22 April 2013)

Source: www.bailii.org

Boardman v Governing Body of Clarence High School and another – WLR Daily

Posted April 22nd, 2013 in appeals, bias, employment tribunals, law reports, proportionality, unfair dismissal by sally

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

George v Ministry of Justice – WLR Daily

Posted April 22nd, 2013 in appeals, contract of employment, flexible working, law reports, prison officers by sally

George v Ministry of Justice [2013] EWCA Civ 324; [2013] WLR (D) 144

“A provision in a collective agreement allowing for time off in lieu within a specified period where a prison officer was requested to work extra hours was not contractual.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Colloseum Holding AG v Levi Strauss & Co – WLR Daily

Posted April 22nd, 2013 in EC law, law reports, trade marks by sally

Colloseum Holding AG v Levi Strauss & Co (Case C–12/12); [2013] WLR (D) 143

“The condition of ‘genuine use’ of a trade mark, within the meaning of article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, was satisfied where a registered trade mark, which had become distinctive as a result of the use of another composite mark of which it constituted one of the elements, was used only through that other composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, furthermore, itself registered as a trade mark.”

WLR Daily, 18th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Burridge v Breckland District Council & Anor [2013] EWCA Civ 228 (19 April 2013)

Merck Canada Inc & Ors v Sigma Pharmaceuticals Plc [2013] EWCA Civ 326 (18 April 2013)

Wilkin -Shaw v Fuller & Anor [2013] EWCA Civ 410 (18 April 2013)

High Court (Administrative Court)

Dowland v The Architects Registration Board [2013] EWHC 893 (Admin) (19 April 2013)

Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013)

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates’ Court [2013] EWHC 898 (Admin) (18 April 2013)

Patel v Government of India & Anor [2013] EWHC 819 (Admin) (18 April 2013)

Ehmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 876 (Admin) (18 April 2013)

Creed -Miles, R (on the application of) v Tower Bridge Yacht and Boat Co Ltd [2013] EWHC 853 (Admin) (17 April 2013)

High Court (Chancery Division)

Loose v Lynn Shellfish Ltd & Ors [2013] EWHC 901 (Ch) (18 April 2013)

High Court (Commercial Court)

Kuwait Rocks Co v AMN Bulkcarriers Inc [2013] EWHC 865 (Comm) (18 April 2013)

Standard Chartered Bank v Dorchester Lng (2) Ltd Re: MT ERIN SCHULTE [2013] EWHC 808 (Comm) (18 April 2013)

High Court (Queen’s Bench Division)

Accentuate Ltd v Asigra Inc [2013] EWHC 889 (QB) (18 April 2013)

High Court (Technology and Construction Court)

Morris Homes (West Midlands) Ltd v Keay & Anor [2013] EWHC 932 (TCC) (18 April 2013)

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily

Posted April 19th, 2013 in compensation, criminal injuries compensation, law reports, suicide, Supreme Court, tribunals by sally

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber): [2013] UKSC 19; [2013] WLR (D) 142

“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by sally

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362; [2013] WLR (D) 141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Regina v Morris (Daryl) – WLR Daily

Posted April 19th, 2013 in appeals, crime, crime prevention, dangerous driving, defence, law reports by sally

Regina v Morris (Daryl): [2013] WLR (D) 140

“Where a defendant raised the defence of using reasonable force in the prevention of crime, under section 3(1) of the Criminal Law Act 1967, it would be necessary for the jury to focus first on what the defendant honestly believed were the facts before using their conclusions as to that belief to go on to decide whether the defendant had reasonable grounds for suspecting an offence was being committed and whether the force he used to prevent that crime had been reasonable.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk