Category: law reports

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

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