law reports – Page 149 – Current Awareness

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) – WLR Daily

Posted April 16th, 2013 in disability discrimination, EC law, law reports, unfair dismissal, working time by sally

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) (Joined Cases C-335/11 and C-337/11); [2013] WLR (D) 137

“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Regina (Edwards and another) v Environment Agency and others (No 2) – WLR Daily

Posted April 16th, 2013 in EC law, judicial review, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others (No 2) (C-260/11); [2013] WLR (D) 136

“The requirement pursuant to article 10a of Council Directive 85/337/EEC and article 15a of Council Directive 96/61/EC that the review by members of the public of the legality of environmental decisions by public law bodies should not be “prohibitively expensive” meant that the members of the public covered by those provisions should not be prevented from seeking or pursuing a claim for judicial review by reason of the financial burden that might arise.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Regina v Asmeron – WLR

Posted April 16th, 2013 in appeals, defences, documents, immigration, law reports, refugees by sally

Regina v Asmeron [2013] EWCA Crim 435; [2013] WLR (D) 135

“Where a defendant was charged with an offence of entering the United Kingdom without a passport, contrary to section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, the court could only rule that the defendant’s explanation for so doing was incapable in law of amounting to a good reason or a reasonable excuse if it could properly be said, on the true construction of the Act, that it would be inconsistent with the essential nature and purpose of the offence for the defendant’s explanation to be capable of amounting to a defence. The fact that a defence might be considered hopeless on the merits was not a good reason for a judge to withdraw it from the jury.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 12th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Asmeron v R. [2013] EWCA Crim 435 (11 April 2013)

JC & Ors v R [2013] EWCA Crim 368 (28 March 2013)

Court of Appeal (Civil Division)

ET BT and CT (Children) v Islington [2013] EWCA Civ 323 (10 April 2013)

Flatman v Germany [2013] EWCA Civ 278 (10 April 2013)

Anderson & Ors v London Fire & Emergency Planning Authority [2013] EWCA Civ 321 (11 April 2013)

Patel, R (on the application of) v General Medical Council (Rev 1) [2013] EWCA Civ 327 (27 March 2013)

High Court (Queen’s Bench Division)

Stobart Group Ltd & Ors v Elliott [2013] EWHC 797 (QB) (11 April 2013)

Vaughan v London Borough of Lewisham & Ors [2013] EWHC 795 (QB) (11 April 2013)

High Court (Chancery Division)

Willis & Anor v Derwentside District Council [2013] EWHC 738 (Ch) (10 April 2013)

Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 801 (Ch) (10 April 2013)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2013] EWHC 822 (Ch) (11 April 2013)

High Court (Family Division)

R v A [2013] EWHC 692 (Fam) (27 March 2013)

A Primary Care Trust v LDV & Ors [2013] EWHC 272 (Fam) (18 February 2013)

Elliott v Ratcliffe [2013] EWHC 806 (Fam) (01 February 2013)

High Court (Administrative Court)

Harford v The Nursing and Midwifery Council [2013] EWHC 696 (Admin) (10 April 2013)

Sanneh, R (on the application of) v The Secretary of State for Work and Pensions & Anor [2013] EWHC 793 (Admin) (10 April 2013)

Stevens v Secretary of State for Communities and Local Government & Anor [2013] EWHC 792 (Admin) (10 April 2013)

Durowoju v Independent Police Complaints Commission (IPCC) [2013] EWHC 837 (Admin) (11 April 2013)

Haney, R (on the application of) v Secretary of State for Justice [2013] EWHC 803 (Admin) (11 April 2013)

Oxford Diocesan Board of Finance v Secretary of State for Communities and Local Government & Anor [2013] EWHC 802 (Admin) (11 April 2013)

Jaffar, R (on the application of) v The Secretary of State for the Home Department & Anor [2013] EWHC 813 (Admin) (11 April 2013)

Source: www.bailii.org

Glatt v Sinclair (Glatt and others intervening) – WLR Daily

Posted April 12th, 2013 in criminal justice, expenses, law reports, receivers, remuneration, restraint orders by sally

Glatt v Sinclair (Glatt and others intervening) [2013] EWCA Civ 241; [2013] WLR (D) 134

“A court had power to make an order permitting a receiver appointed by the court under the Criminal Justice Act 1988 to recover remuneration, disbursements and expenses for work done relating to the receivership once the receivership order had been discharged.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Regina (Ismail) v Secretary of State for the Home Department – WLR Daily

Posted April 10th, 2013 in foreign jurisdictions, human rights, immigration, judicial review, law reports by sally

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

McDaid v Nursing and Midwifery Council – WLR Daily

Posted April 10th, 2013 in appeals, evidence, law reports, midwives, professional conduct, whistleblowers by sally

McDaid v Nursing and Midwifery Council [2013] EWHC 586 (Admin); [2013] WLR (D) 132

“A professional conduct adjudication panel which had exceptionally decided to proceed in the absence of the accused was bound, in particular, to take reasonable steps to expose weaknesses in the case against the accused and to make such points on her behalf as the evidence permitted.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) – WLR Daily

Posted April 5th, 2013 in appeals, construction industry, housing, law reports, nuisance, sewerage, water companies by sally

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) [2013] EWCA Civ 233 ; [2013] WLR (D) 131

“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina v Dawes; Regina v Hatter; Regina v Bowyer – WLR Daily

Posted April 5th, 2013 in appeals, defences, homicide, law reports by sally

Regina v Dawes; Regina v Hatter; Regina v Bowyer [2013] EWCA Crim 322; [2013] WLR (D) 130

“For the purposes of the defence of loss of self-control, on a charge of murder, the questions whether the circumstances were extremely grave and whether the defendant’s sense of being seriously wronged by them was justifiable required objective assessment by the judge at the end of the evidence and, if the defence was left, by the jury considering their verdict. They were not to be decided by the defendant on the basis of any assertions he might make in evidence or any account he might give in the investigative process.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Day and another v Day – WLR Daily

Posted April 3rd, 2013 in agency, appeals, conveyancing, equity, law reports, mortgages, rectification, succession, trusts by sally

Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129

“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina (Patel) v General Medical Council – WLR Daily

Posted April 3rd, 2013 in appeals, doctors, education, judicial review, law reports, universities by sally

Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128

“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina (Dowsett) v Secretary of State for Justice – WLR Daily

Posted April 3rd, 2013 in appeals, human rights, law reports, prisons, religious discrimination, sex discrimination by sally

Regina (Dowsett) v Secretary of State for Justice [2013] EWHC 687 (Admin); [2013] WLR (D) 126

“The Secretary of State’s policy that male prisoners could not normally object to “rub-down” searches being conducted by a female prison officer except on genuine religious or cultural grounds was not discriminatory on grounds of sex or lack of religion. The exceptions to the policy were a proportionate way of dealing with genuine objections by male prisoners to being searched by female officers and the width of the exceptions to the policy did not lead to an unacceptable risk of unlawful decision-making.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2013 in law reports by sally

High Court (Administrative Court)

Ighalo v The Solicitors Regulation Authority [2013] EWHC 661 (Admin) (26 March 2013)

Nagre, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) (28 March 2013)

Copson, R (on the application of) v Dorset Healthcare University NHS Foundation Trust [2013] EWHC 732 (Admin) (28 March 2013)

High Court (Queen’s Bench Division)

St Edmundsbury Borough Council & Anor v Reynolds & Ors [2013] EWHC 737 (QB) (28 March 2013)

High Court (Family Division)

LA v DG & Ors [2013] EWHC 734 (Fam) (01 February 2013)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2013] EWHC 471 (Comm) (28 February 2013)

Source: www.bailii.org

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs – WLR Daily

Posted April 2nd, 2013 in law reports, restitution, taxation, VAT by sally

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs [2013] EWHC 665 (Ch); [2013] WLR (D) 125

“The scope of the cause of action in the law of restitution to recover tax which has been unlawfully exacted should be confined to those who themselves paid the sums to a public authority in response to an apparent statutory requirement to do so.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk