law reports – Page 151 – Current Awareness

“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

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by sally

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182; [2013] WLR (D) 107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily

Posted March 19th, 2013 in appeals, criminal records, demonstrations, human rights, law reports, police by sally

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening): [2013] EWCA Civ 192; [2013] WLR (D) 108

“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Posted March 18th, 2013 in appeals, company directors, health & safety, law reports, personal injuries, statutory duty by sally

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Belfairs Management Ltd v Sutherland & Anor [2013] EWCA Civ 185 (15 March 2013)

Clarence High School & Anor v Boardman [2013] EWCA Civ 198 (15 March 2013)

McGetrick, R (on the application of) v Parole Board & Anor [2013] EWCA Civ 182 (14 March 2013)

BP Oil International Ltd v Target Shipping Ltd [2013] EWCA Civ 196 (14 March 2013)

Lehman Brothers International (Europe), Joint Administrators Of v Lehman Brothers Finance SA [2013] EWCA Civ 188 (14 March 2013)

Dry Bulk Handy Holding Inc & Anor v Fayette International Holdings Ltd & Anor [2013] EWCA Civ 184 (14 March 2013)

Brumder v Motornet Service and Repairs Ltd & Anor [2013] EWCA Civ 195 (14 March 2013)

Catt, R (on the application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland & Ors [2013] EWCA Civ 192 (14 March 2013)

Vehicle Control Services Ltd v HM Revenue & Customs [2013] EWCA Civ 186 (13 March 2013)

L (A Child), Re [2013] EWCA Civ 179 (13 March 2013)

Relicpride Building Company Ltd v Cordara & Ors [2013] EWCA Civ 158 (13 March 2013)

Disclosure and Barring Service v Harvey [2013] EWCA Civ 180 (13 March 2013)

Court of Appeal (Criminal Division)

Plunkett & Anor, R v [2013] EWCA Crim 261 (13 March 2013)

High Court (Administrative Court)

Nouazli, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 567 (Admin) (15 March 2013)

M & Anor, Re Application for Judicial Review [2013] EWHC 579 (Admin) (15 March 2013)

Lagos, R (on the application of) v HM Coroner for the City Of London [2013] EWHC 423 (Admin) (14 March 2013)

M & C Energy Group Ltd v St Cuthbert’s Mill [2013] EWHC 571 (Admin) (14 March 2013)

Daws Hill Neighbourhood Forum & Ors, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2013] EWHC 513 (Admin) (13 March 2013)

Crown Prosecution Service v Lawrence [2013] EWHC 501 (Admin) (13 March 2013)

Buckley & Ors, R (on the application of) v Sheffield City Council [2013] EWHC 512 (Admin) (13 March 2013)

AB & Anor, R (on the application of) v The London Borough of Haringey [2013] EWHC 416 (Admin) (13 March 2013)

High Court (Chancery Division)

Winton v Rosenthal & Anor [2013] EWHC 502 (Ch) (14 March 2013)

First Subsea Ltd v Balltec Ltd & Ors [2013] EWHC 584 (Ch) (13 March 2013)

High Court (Commercial Court)

Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors [2013] EWHC 503 (Comm) (14 March 2013)

Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 482 (Comm) (13 March 2013)

High Court (Family Division)

LA (A Child), Re [2013] EWHC 578 (Fam) (15 March 2013)

Evans v Evans [2013] EWHC 506 (Fam) (13 March 2013)

High Court (Patents Court)

Hospira UK Ltd & Anor v Novartis AG [2013] EWHC 516 (Pat) (15 March 2013)

High Court (Queen’s Bench Division)

Thompson v James & Anor [2013] EWHC 585 (QB) (15 March 2013)

Birmingham City Council v Beech & Anor [2013] EWHC 518 (QB) (15 March 2013)

Thompson v James & Anor [2013] EWHC 515 (QB) (15 March 2013)

WXY v Gewanter & Ors [2013] EWHC 589 (QB) (14 March 2013)

Billingham v John Barnsley & Sons Ltd & Ors [2013] EWHC 520 (QB) (13 March 2013)

High Court (Technology and Construction Court)

Webb Resolutions Ltd v JV Ltd (t/a
Shepherd Chartered Surveyors) [2013] EWHC 509 (TCC) (14 March 2013)

Source: www.bailii.org

Challinor and ors v Juliet Bellis & Co and anr: Juliet Bellis & Co v Egan – WLR Daily

Posted March 15th, 2013 in breach of trust, law reports, trusts by sally

Challinor and ors v Juliet Bellis & Co and anr: Juliet Bellis & Co v Egan: [2013] EWHC 347 (Ch); [2013] WLR (D) 99

“Lack of writing did not necessarily mean that the circumstances of a case were not such as to give rise to a ‘Quistclose’ trust. Stipulation of an exclusive purpose for the loan was not the only circumstance of which the immediate recipient was cognisant and which negated an intention on the part of the payer, to pass away beneficial ownership so as to give rise to a resulting trust in favour of the payer.”

WLR Daily, 25th February 2013

Source: www.iclr.co.uk

Regina v Plunkett (Daniel): Regina v Plunkett (James) – WLR Daily

Posted March 15th, 2013 in admissibility, appeals, evidence, investigatory powers, law reports by sally

Regina v Plunkett (Daniel): Regina v Plunkett (James): [2013] EWCA Crim 261; [2013] WLR (D) 98

“Covert recordings of conversations between defendants which had taken place whilst they were in the rear of a police van were not to be categorised as intrusive surveillance, under the Regulation of Investigatory Powers Act 2000, because a police van, used solely for police purposes, was not a private vehicle.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Posted March 15th, 2013 in abuse of process, appeals, disciplinary procedures, estoppel, law reports, local government, unfair dismissal by sally

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178; [2013] WLR (D) 97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk