law reports – Page 148 – Current Awareness

“Where a company had an agreement with the Ministry of Justice to provide interpreters, including interpreters for criminal proceedings, it was essential that an interpreter was provided on every occasion when one was required. If there was successive non-attendance of an individual interpreter or successive failures in systems a court was entitled to view that as amounting to serious misconduct rendering the company liable for the costs thereby incurred by the Crown Prosecution Service and the defence.”

WLR Daily, 25th March 2013

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another – WLR Daily

Posted March 27th, 2013 in consultations, law reports, planning, railways by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another: [2013] EWHC 481 (Admin); [2013] WLR (D) 122

“A command paper setting out the Government’s proposed strategy for the development of a high speed rail network followed after consultation by an announcement of decisions and next steps was not an administrative provision requiring a plan or programme necessitating an environmental assessment under the terms of the Strategic Environmental Assessment Directive 2001/42/EC.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Bauer and others v Director of Public Prosecutions (Liberty intervening) – WLR Daily

Posted March 27th, 2013 in demonstrations, intimidation, law reports, trespass by sally

Bauer and others v Director of Public Prosecutions (Liberty intervening): [2013] EWHC 634 (Admin); [2013] WLR (D) 121

“Continued occupation as a trespasser could in appropriate circumstances amount to an additional act beyond the initial act of trespass as required by section 68(1) of the Criminal Justice and Public Order Act 1994 in order to prove an offence of aggravated trespass.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Islington London Borough Council v Unite Group PLC – WLR Daily

Posted March 27th, 2013 in houses in multiple occupation, housing, law reports, local government by sally

Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin); [2013] WLR (D) 120

“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2013 in law reports by sally

The Regional Strategy for the North East (Revocation) Order 2013

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2013

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2013

The Free School Lunches and Milk (Universal Credit) (England) Order 2013

The Housing (Right to Buy) (Limit on Discount) (England) Order 2013

The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013

The Children, Schools and Families Act 2010 (Commencement No. 3) Order 2013

The Trusts (Capital and Income) Act 2013 (Commencement No.1) Order 2013

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2013

The Local Transport Act 2008 (Commencement No. 3) Order 2013

The Rookery South (Resource Recovery Facility) Order 2011

The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013

The Public Bodies (Abolition of British Shipbuilders) Order 2013

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 26th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Mahmood v R [2013] EWCA Crim 325 (22 March 2013)

Love & Anor, R. v [2013] EWCA Crim 257 (13 February 2013)

Jackson v R. [2013] EWCA Crim 163 (28 February 2013)

Applied Language Solutions Ltd, R v [2013] EWCA Crim 326 (25 March 2013)

Court of Appeal (Civil Division)

Braganza v BP Shipping Ltd & Ors [2013] EWCA Civ 230 (22 March 2013)

ACE European Group Ltd & Ors v Chartis Insurance UK Ltd [2013] EWCA Civ 224 (22 March 2013)

High Court (Queen’s Bench Division)

Cockbill v Riley [2013] EWHC 656 (QB) (22 March 2013)

Royal Devon and Exeter NHS Foundation Trust v Acres [2013] EWHC 652 (QB) (22 March 2013)

Gaskin v Norwich City Council & Ors [2013] EWHC 623 (QB) (22 March 2013)

Norbrook Laboratories Ltd & Anor v Carr [2013] EWHC 476 (QB) (22 March 2013)

High Court (Chancery Division)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 598 (Ch) (22 March 2013)

Turner v Phythian & Anor [2013] EWHC 499 (Ch) (15 March 2013)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 599 (Ch) (22 March 2013)

Magical Marking Ltd & Anor v Ware & Kay LLP & Anor [2013] EWHC 636 (Ch) (20 March 2013)

High Court (Family Division)

S (A Child), Re [2013] EWHC 647 (Fam) (25 March 2013)

High Court (Administrative Court)

Wainhomes (South West) Holdings Ltd v The Secretary of State for Communities And Local Government [2013] EWHC 597 (Admin) (25 March 2013)

Core Issues Trust v Transport for London [2013] EWHC 651 (Admin) (22 March 2013)

Bauer & Ors v The Director of Public Prosecutions [2013] EWHC 634 (Admin) (22 March 2013)

London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) (22 March 2013)

Source: www.bailii.org

Taylor and another v A Novo (UK) Ltd – WLR Daily

Posted March 26th, 2013 in appeals, law reports, negligence, post-traumatic stress disorder by sally

Taylor and another v A Novo (UK) Ltd [2013] EWCA Civ 194; [2013] WLR (D) 119

“A person who suffered psychiatric illness (post-traumatic stress disorder), after witnessing the sudden collapse and death of her mother who had been injured at work by the admitted negligence of the defendant employer some three weeks earlier, did not have a right of action as a secondary victim for damages against the defendant, since there was an insufficient relationship of proximity between the person suffering the psychiatric illness and the defendant.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

Swift v Secretary of State for Justice – WLR Daily

Posted March 26th, 2013 in accidents, appeals, cohabitation, damages, families, human rights, law reports by sally

Swift v Secretary of State for Justice [2013] EWCA Civ 193; [2013] WLR (D) 118

“The exclusion of a person, cohabiting for less than two years with another who had subsequently died, from the classes of family members entitled to claim damages for loss of dependency under the Fatal Accidents Act 1976, as amended, was a proportionate means of pursuing the legitimate legislative aim of confining the right to recovery to those who had relationships of some degree of permanence and dependence. Accordingly, section 1(3)(b) of the 1976 Act, as substituted by section 3(1) of the Administration of Justice Act 1982, was not incompatible with article 14, in conjunction with article 8, of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the choice made by the legislature was not manifestly without foundation and was one Parliament was entitled to make. And even if the section amounted to an interference with the right to respect for family life in breach of article 8.1, the interference was justified under article 8.2.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

Regina v Hampshire County Council – WLR Daily

Posted March 26th, 2013 in abuse of process, confiscation, law reports, local government, proportionality, sentencing, trade marks by sally

Regina v Hampshire County Council [2013] WLR (D) 117

“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Regina v Mahmood – WLR Daily

Posted March 26th, 2013 in confiscation, conspiracy, crime, law reports, proceeds of crime, sentencing by sally

Regina v Mahmood [2013] EWCA Crim 325; [2013] WLR (D) 116

“When calculating the expenditure incurred during a conspiracy, the statutory assumption in section 10(4) of the Proceeds of Crime Act 2002 did not mean that each conspirator was treated as having incurred all of the expenditure and evidence was required about the particular conspirator who had incurred it.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) – WLR Daily

Posted March 26th, 2013 in airports, appeals, EC law, environmental protection, law reports by sally

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) (Case C-244/12); [2013] WLR (D) 115

“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) – WLR Daily

Posted March 26th, 2013 in environmental protection, law reports, sewerage, waste, water companies by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) [2013] EWHC 472 (Admin); [2013] WLR (D) 114

An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

In re P-S (Children) (Care Proceedings: Evidence) – WLR Daily

Posted March 26th, 2013 in appeals, children, evidence, law reports by sally

In re P-S (Children) (Care Proceedings: Evidence) [2013] EWCA Civ 223; [2013] WLR (D) 113

“Although a child in care proceedings concerning him had the right to be “heard” in the proceedings, there was no rule as to how that was to be achieved, and a young boy, who had been granted status as a party to care proceedings concerning him, did not have the right to insist that he be permitted to give evidence to the court.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) – WLR Daily

Posted March 26th, 2013 in appeals, law reports, powers of attorney by sally

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) [2013] EWCA Civ 191; [2013] WLR (D) 112

“Section 7(1)(c) of the Enduring Powers of Attorney Act 1985 did not have the effect of preventing a person who was the attorney under a registered enduring power of attorney from benefiting himself out of the donor’s money in a manner not authorised by the enduring power of attorney without the approval of the court, provided that he was acting in a different capacity (such as that of an authorised signatory to a bank account in the donor’s name), and the donor retained sufficient mental capacity to consent to such an act and gave full, free and informed consent to its being done.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Apex Global Management Ltd v FI Call Ltd and others – WLR Daily

Posted March 26th, 2013 in conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v FI Call Ltd and others [2013] EWHC 587 (Ch); [2013] WLR (D) 111

On the proper construction of section 20(1)(b) of the State Immunity Act 1978, whilst an adult member of a sovereign’s or head of state’s family exercising royal or presidential, constitutional and representational functions could be regarded in some circumstances as a member of the sovereign’s or head of state’s household, even though he or she lived apart from the sovereign or head of state, such a situation would be rare, and would be likely to be restricted to the case of a regent, heir to the throne or a person broadly exercising the sovereign’s or head of state’s functions in a full time capacity on his behalf.

WLR Daily, 19th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Nightingale, R. v – Temporary BAILII Citation Number: [2013] EWCA Crim B3 (13 March 2013)

Court of Appeal (Civil Division)

P -S (Children) [2013] EWCA Civ 223 (21 March 2013)

Whitehead v Bruce & Ors [2013] EWCA Civ 229 (21 March 2013)

Nelson’s Yard Management Company & Ors v Eziefula [2013] EWCA Civ 235 (21 March 2013)

High Court (Queen’s Bench Division)

Chandra & Anor v Brooke North & Anor (Rev 3) [2013] EWHC 417 (QB) (08 March 2013)

Serious Organised Crime Agency v Azam & Ors [2013] EWHC 627 (QB) (21 March 2013)

High Court (Family Division)

Arif v Anwar & Anor [2013] EWHC 624 (Fam) (21 March 2013)

High Court (Administrative Court)

Buckinghamshire County Council & Ors, R (on the application of) v Secretary of State for Transport [2013] EWHC 481 (Admin) (15 March 2013)

McDaid v Nursing & Midwifery Council [2013] EWHC 586 (Admin) (21 March 2013)

High Court (Commercial Court)

Versloot Dredging BV v HDI Gerling Industrie Versicherung Ag & Ors [2013] EWHC 581 (Comm) (08 February 2013)

Griffon Shipping LLC v Firodi Shipping Ltd [2013] EWHC 593 (Comm) (21 March 2013)

High Court (Patents Court)

Glaxosmithkline Biologicals SA v Comptroller-General of Patents, Designs and Trade Marks [2013] EWHC 619 (Pat) (21 March 2013)

Source: www.bailii.org

Hayes v Willoughby – WLR Daily

Posted March 22nd, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes v Willoughby [2013] UKSC 17; [2013] WLR (D) 110

Where a person whose conduct would amount to harrassment of another within section 1(1) of the Protection from Harassment Act 1997 sought to rely on the defence under section 1(3)(a) of the Act of having acted for the purpose of preventing or detecting crime, he had to show that he had thought rationally about the material suggesting the possibility of criminality and had formed the view that the conduct said to constitute harassment was appropriate for the purpose of preventing or detecting it.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk