law reports – Page 147 – Current Awareness

Regina v Asmelash – WLR Daily

Posted February 26th, 2013 in alcohol abuse, appeals, crime, defences, homicide, law reports, murder by sally

Regina v Asmelash [2013] EWCA Crim 157; [2013] WLR (D) 79

“There was nothing in the new statutory provisions relating to the partial defence to murder of loss of self control to suggest that Parliament intended that the normal rules which applied to voluntary intoxication should not apply. That did not mean that a defendant who had been drinking was deprived of the loss of control defence, it just meant that the defence had to be approached without reference to the defendant’s voluntary intoxication.”

WLR Daily, 22nd February 2013

Source: www.iclr.co.uk

Davis and another v Price and another – WLR Daily

Posted February 26th, 2013 in appeals, bankruptcy, costs, individual voluntary arrangements, insolvency, law reports by sally

Davis and another v Price and another [2013] EWHC 323 (Ch); [2013] WLR (D) 78

“Statutory demands served in respect of the liability for a debt created by an order for costs were subject to the terms of individual voluntary arrangements (‘IVAs’) proposed by the debtors and approved by creditors and therefore they should be set aside.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76

“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza – WLR Daily

Posted February 25th, 2013 in EC law, law reports, trade marks by sally

Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
(Case C-561/11); [2013] WLR (D) 75

The exclusive right of the proprietor of a Community trade mark conferred by article 9(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extended to a third-party proprietor of a later registered Community trade mark, without the need for that later mark to have previously been declared invalid.

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

In re J (Children) (Care Proceedings: Threshold Criteria) – WLR Daily

Posted February 25th, 2013 in appeals, care orders, causing serious physical harm to a child or vulnerable adult, children, law reports, local government by sally

In re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9; [2013] WLR (D) 74

“A real possibility that a parent had harmed a child in the past was not, by itself, sufficient to establish that some other child that he or she now had care of was ‘likely to suffer significant harm’ within the meaning of section 31(2)(a) of the Children Act 1989 so as to meet the threshold for initiating care proceedings in respect of that other child.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily

Posted February 25th, 2013 in housing, law reports, local government, planning, time limits by sally

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others [2013] EWHC 286 (Admin); [2013] WLR (D) 73

“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily

Posted February 22nd, 2013 in banking, debts, guarantees, law reports, loans by sally

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others [2013] EWHC 238 (Ch); [2013] WLR (D) 71

“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Shillam v R [2013] EWCA Crim 160 (22 February 2013)

Asmelash v R [2013] EWCA Crim 157 (22 February 2013)

Court of Appeal (Civil Division)

BAA Ltd v Revenue and Customs [2013] EWCA Civ 112 (21 February 2013)

Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 (21 February 2013)

Dear & Anor v Jackson [2013] EWCA Civ 89 (22 February 2013)

Evans, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 115 (22 February 2013)

High Court (Chancery Division)

Marconi Corporation Plc (now Telent Limited), Re [2013] EWHC 324 (Ch) (21 February 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 273 (Ch) (21 February 2013)

Davis & Anor v Price & Anor [2013] EWHC 323 (Ch) (21 February 2013)

High Court (Queen’s Bench Division)

McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)

McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)

High Court (Administrative Court)

On Line Design & Engineering Ltd v Engineering Construction Industry Training Board [2013] EWHC 287 (Admin) (21 February 2013)

Ahzaz v The United States of America [2013] EWHC 216 (Admin) (21 February 2013)

High Court (Technology and Construction Court)

Zennstrom & Anor v Fagot & Ors [2013] EWHC 288 (TCC) (21 February 2013)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) (22 February 2013)

Source: www.bailii.org

Ricoh Europe Holdings BV and others v Spratt and another – WLR Daily

Posted February 21st, 2013 in appeals, law reports, liquidators, winding up by sally

Ricoh Europe Holdings BV and others v Spratt and another [2013] EWCA Civ 92; [2013] WLR (D) 70

“A liquidator who had already valued a creditor’s contingent claims pursuant to rule 4.86 of the Insolvency Rules 1986 and so admitted them to proof in the amount of the valuation was not under a duty to provide for the contingency in full by making a reserve against any distribution to members.”

WLR Daily, 19th February 2013

Source: www.iclr.co.uk

In re L and another (Children) (Preliminary Finding: Power to Reverse) – WLR Daily

Posted February 21st, 2013 in appeals, child abuse, children, judges, judgments, law reports, Supreme Court by sally

In re L and another (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8; [2013] WLR (D) 69

“Contrary to the practice previously adopted, a judge’s power to reverse his or her decision at any time before the court order had been sealed was not reserved for exceptional circumstances. A carefully considered change of mind by the judge was permisssible in the interests of the overriding objective of dealing with a case justly.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Santander UK plc v Harrison and another – WLR Daily

Posted February 21st, 2013 in banking, consumer credit, law reports, loans, mortgages by sally

Santander UK plc v Harrison and another [2013] EWHC 199 (QB); [2013] WLR (D) 67

“The rescheduling of a mortgage agreement did not amount to providing credit ‘in the form of a cash loan’ for the purposes of article 4(1) of the Consumer Credit Act 2006 (Commencement No 4 and Transitional Provisions) Order 2008.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

H (A Protected Party) v Commissioner of Police of the Metropolis – WLR Daily

Posted February 21st, 2013 in children, disabled persons, false imprisonment, law reports, learning difficulties, restraint by sally

H (A Protected Party) v Commissioner of Police of the Metropolis [2013] EWCA Civ 69; [2013] WLR (D) 66

“The statutory defence in section 5 of the Mental Capacity Act 2005 did not impose impossible demands on those who did acts in connection with the care or treatment of others who lacked capacity. It required no more than what was reasonable, practical and appropriate. What that entailed depended on all the circumstances.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Tamiz v Google Inc and another – WLR Daily

Posted February 21st, 2013 in appeals, defamation, internet, law reports, publishing by sally

Tamiz v Google Inc and another [2013] EWCA Civ 68; [2013] WLR (D) 65

“An internet service provider which supplied a platform for blogs and various tools to assist the blogger, and which was able to remove or block access to blogs when alerted to the fact that they breached its own terms and conditions, could be potentially liable for defamatory comments posted on a blog once it had received notification and had had sufficient time to act. A defence might be available under section 1 of the Defamation Act 1996, but if the potential liability would be so trivial because of the short period of time between notification of the complaint and removal of the offending material, the maintenance of the proceedings could not be justified.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Regina v Dizaei – WLR Daily

Posted February 21st, 2013 in admissibility, bad character, crime, evidence, law reports, witnesses by sally

Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64

“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

VLM Holdings Ltd v Ravensworth Digital Services Ltd – WLR Daily

Posted February 21st, 2013 in computer programs, copyright, law reports, licensing, subsidiary companies by sally

VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch); [2013] WLR (D) 63

“Where the authority given by a head licensor to a sub-licensor was sufficiently wide in scope to allow the grant of a sub-licence which was capable of surviving termination of the head licence, the head licensor must be taken on normal agency principles as giving ultimate permission for the granting of the sub-licence.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others – WLR Daily

Posted February 21st, 2013 in education, examinations, judicial review, law reports by sally

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others [2013] EWHC 211 (Admin); [2013] WLR (D) 62

The court’s role in deciding a question of fundamental unfairness on a judicial review claim was supervisory. Only where a reasonable body could not fairly have acted as the defendants had did their conduct trespass into the area of conspicuous unfairness amounting to abuse of power.

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61

Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.

WLR Daily, 23rd February 2013

Source: www.iclr.co.uk

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