Category: law reports

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

BAILII: Recent Decisions

Posted March 28th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Dwr Cymru Cyfyngedig (Welsh Water) v Barratt Homes Ltd (Rev 1) [2013] EWCA Civ 233 (27 March 2013)

Day & Anor v Day [2013] EWCA Civ 280 (27 March 2013)

Othman (aka Abu Qatada) v Secretary of State for the Home Department [2013] EWCA Civ 277 (27 March 2013)

Court (Administrative Court)

ES, R (on the application of) v London Borough of Barking and Dagenham [2013] EWHC 691 (Admin) (27 March 2013)

High Court (Chancery Division)

Carillion Construction Ltd v Hussain & Anor (Liquidators of Simon Carves Ltd) & Anor [2013] EWHC 685 (Ch) (27 March 2013)

High Court (Family Division)

LM (A Child), Re [2013] EWHC 646 (Fam) (27 March 2013)

High Court Court (Queen’s Bench Division)

Vis Trading Co Ltd v Nazarov & Ors [2013] EWHC 491 (QB) (27 March 2013)

Source: www.bailii.org

Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by sally

Parshall v Hackney: [2013] EWCA Civ 240;   [2013] WLR (D)  124

“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 27th, 2013 in law reports by sally

Court of Appeal (Civil Division)

J1 v Secretary of State for the Home Department [2013] EWCA Civ 279 (27 March 2013)

Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 (27 March 2013)

Newhaven Port and Properties Ltd, R (on the application of) v East Sussex County Council & Anor [2013] EWCA Civ 276 (27 March 2013)

Parshall v Hackney [2013] EWCA Civ 240 (26 March 2013)

FK & OK (Botswana) v Secretary of State for the Home Department [2013] EWCA Civ 238 (26 March 2013)

SS & Ors (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 237 (26 March 2013)

Fiona Trust & Holding Corporation & Ors v Skarga & Ors [2013] EWCA Civ 275 (26 March 2013)

Belfairs Management Ltd v Sutherland & Anor [2013] EWCA Civ 236 (26 March 2013)

Glatt & Ors v Sinclair [2013] EWCA Civ 241 (26 March 2013)

Sreedharan, R (on the application of) v HM Coroner for the County of Greater Manchester & Ors [2013] EWCA Civ 181 (26 March 2013)

Kim & Anor v Chasewood Park Residents Ltd [2013] EWCA Civ 239 (26 March 2013)

Court of Appeal (Criminal Division)

Jaffery v R. [2013] EWCA Crim 360 (26 March 2013)

Pollett & Ors v R. [2013] EWCA Crim 359 (26 March 2013)

Connors & Ors v R. [2013] EWCA Crim 324 (26 March 2013)

Perkins & Ors v R. [2013] EWCA Crim 323 (26 March 2013)

Dawes & Ors v R. [2013] EWCA Crim 322 (26 March 2013)

Bayode, R. v [2013] EWCA Crim 356 (26 March 2013)

High Court (Administrative Court)

Dowsett, R (on the application of) v Secretary of State for Justice [2013] EWHC 687 (Admin) (27 March 2013)

Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 690 (Admin) (27 March 2013)

Ismail v Secretary of State for Home Department [2013] EWHC 663 (Admin) (26 March 2013)

Das, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 682 (Admin) (26 March 2013)

Guzeloglu v Government of Republic of Turkey [2013] EWHC 660 (Admin) (26 March 2013)

A, R (on the application of) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin) (26 March 2013)

High Court (Chancery Division)

Pannone LLP v Aardvark Digital Ltd [2013] EWHC 686 (Ch) (26 March 2013)

Investment Trust Companies v Revenue and Customs [2013] EWHC 665 (Ch) (26 March 2013)

Secretary of State for Business Innovation and Skills v Chohan & Ors [2013] EWHC 680 (Ch) (26 March 2013)

Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2013] EWHC 630 (Ch) (26 March 2013)

High Court (Commercial Court)

Stokors SA & Ors v IG Markets Ltd & Anor [2013] EWHC 631 (Comm) (27 March 2013)

Source: www.bailii.org

Regina v Applied Language Solutions Ltd – WLR Daily

Posted March 27th, 2013 in contracts, courts, criminal justice, interpreters, law reports, maladministration by sally

Regina v Applied Language Solutions Ltd: [2013] EWCA Crim 326;   [2013] WLR (D)  123

“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