law reports – Page 150 – Current Awareness

“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

Hayes (FC) (Respondent) v Willoughby (Appellant) – Supreme Court

Posted March 21st, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes (FC) (Respondent) v Willoughby (Appellant) [2013] UKSC 17 | UKSC 2012/0010 (YouTube)

Supreme Court, 20th March 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted March 21st, 2013 in law reports by sally

Supreme Court

Hayes v Willoughby [2013] UKSC 17 (20 March 2013)

Court of Appeal (Civil Division)

Day v Harris & Anor [2013] EWCA Civ 191 (20 March 2013)

Shami v Shami [2013] EWCA Civ 227 (20 March 2013)

El-Dinnaoui v Westminster City Council [2013] EWCA Civ 231 (20 March 2013)

Lord Carlile of Berriew & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 199 (20 March 2013)

High Court (Queen’s Bench Division)

NNN v Ryan & Ors [2013] EWHC 637 (QB) (20 March 2013)

High Court (Chancery Division)

Challinor & 20 Ors v Juliet Bellis & Co & Anor [2013] EWHC 620 (Ch) (19 March 2013)

Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch) (08 March 2013)

High Court (Administrative Court)

Thames Water Utilities Ltd v Bromley Magistrates’ Court [2013] EWHC 472 (Admin) (20 March 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Dickinson & Ors v Tesco Plc & Ors [2013] EWCA Civ 226 (19 March 2013)

High Court (Chancery Division)

Apex Global Management Ltd v Fi Call Ltd& Ors [2013] EWHC 587 (Ch) (19 March 2013)

Source: www.bailii.org

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

Posted March 20th, 2013 in deportation, detention, EC law, families, immigration, law reports by sally

Regina (Nouazli) v Secretary of State for the Home Department: [2013] EWHC 567 (Admin); [2013] WLR (D) 109

“The immigration detention of a third country national family member of an European Union national pending removal following a conviction from the host member state, pursuant to regulation 24(1) of the Immigration (European Economic Area) Regulations 2006, fell within the scope of EU law so as to afford the detained third country national protective rights under EU law. Regulation 24(1) was compatible with EU law, and detention thereunder pending a decision to deport not prohibited, provided the conditions in article 27(1) and (2) of the Parliament and Council Directive 2004/38/EC were satisfied.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Rothschild v Associated Newspapers Ltd [2013] EWCA Civ 197 (19 March 2013)

Taylor v A. Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)

Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)

Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (t/a Medirest) [2013] EWCA Civ 200 (15 March 2013)

Court of Appeal (Criminal division)

F, R. v [2013] EWCA Crim R1 (14 March 2013)

High Court (Chancery Division)

Aveda Corporation v Dabur India Ltd [2013] EWHC 589 (Ch) (18 March 2013)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 583 (Ch) (18 March 2013)

Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors [2013] EWHC 588 (Ch) (18 March 2013)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2013] EWHC 510 (Comm) (19 March 2013)

Source: www.bailii.org

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by sally

Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 19th, 2013 in appeals, damages, HM Revenue & Customs, law reports, parking, VAT by sally

Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186; [2013] WLR (D) 105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by sally

Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk