law reports – Page 147 – Current Awareness

“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

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 26th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] EWCA Civ 428 (25 April 2013)

McGuire v Rose & Ors [2013] EWCA Civ 429 (25 April 2013)

Walsh v Shanahan & Ors [2013] EWCA Civ 411 (25 April 2013)

Johnson & Ors v Old [2013] EWCA Civ 415 (23 April 2013)

High Court (Administrative Court)

Baker, R (on the application of) v Bath and North East Somerset Council [2013] EWHC 946 (Admin) (25 April 2013)

HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 982 (Admin) (25 April 2013)

High Court (Commercial Court)

Arbuthnot Latham & Co Ltd v M3 Marine Ltd & Anor [2013] EWHC 1019 (Comm) (25 April 2013)

Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 1020 (Comm) (25 April 2013)

High Court (Family Division)

Y and Z (Children), Re [2013] EWHC 953 (Fam) (25 April 2013)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2013] EWHC 980 (QB) (25 April 2013)

McAlpine v Bercow [2013] EWHC 981 (QB) (25 April 2013)

Source: www.bailii.org.uk

Regina v JFJ – WLR Daily

Posted April 26th, 2013 in appeals, assault, double jeopardy, law reports by sally

Regina v JFJ: [2013] EWCA Crim 569; [2013] WLR (D) 149

“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