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
“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 [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
“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
“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
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)
Brumder v Motornet Service and Repairs Ltd & Anor [2013] EWCA Civ 195 (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)
M & Anor, Re Application for Judicial Review [2013] EWHC 579 (Admin) (15 March 2013)
M & C Energy Group Ltd v St Cuthbert’s Mill [2013] EWHC 571 (Admin) (14 March 2013)
Crown Prosecution Service v Lawrence [2013] EWHC 501 (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)
Source: www.bailii.org
“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): [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: [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
Supreme Court
Revenue and Customs v Aimia Coalition Loyalty UK Ltd [2013] UKSC 15 (13 March 2013)
Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16 (13 March 2013)
Court of Appeal (Criminal Division)
Coley & Ors v R [2013] EWCA Crim 223 (12 March 2013)
Court of Appeal (Civil Division)
HM Revenue and Customs v First Stop Wholesale Ltd & Anor [2013] EWCA Civ 183 (12 March 2013)
High Court (Administrative Court)
Gray, R (on the application of)& Ors v Crown Court Aylesbury [2013] EWHC 500 (Admin) (12 March 2013)
High Court (Family Division)
KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam) (12 March 2013)
High Court (Commercial Court)
Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2013] EWHC 485 (Comm) (12 March 2013)
Source: www.bailii.org
“The UK Border Agency required colleges seeking highly trusted sponsor status to report all students who failed to enrol including those refused entry clearance or leave to remain. A refusal rate of 20% made proper allowance for unsuitable applicants who could not reasonably be weeded out by a college’s admissions staff.”
WLR Daily, 8th March 2013
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Christou & Anor v London Borough of Haringey [2013] EWCA Civ 178 (12 March 2013)
High Court (Queen’s Bench Division)
AJ Building and Plastering Ltd v Turner & Ors [2013] EWHC 484 (QB) (11 March 2013)
High Court (Chancery Division)
Schrader v Schrader [2013] EWHC 466 (Ch) (11 March 2013)
Kloosman v Aylen & Ors [2013] EWHC 435 (Ch) (08 March 2013)
High Court (Administrative Court)
High Court (Patents Court)
Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor [2013] EWHC 407 (Pat) (14 February 2013)
Source: www.bailii.org
“The provision of public order policing and crowd control, both before and after football matches, on land not owned, possessed or controlled by a football club did not constitute ‘special police services’ within the meaning of section 25(1) of the Police Act 1996, and therefore the police were not entitled to charge the football club for the cost of doing so.”
WLR Daily, 7th March 2013
Source: www.iclr.co.uk
Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94
“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”
WLR Daily, 6th March 2013
Source: www.iclr.co.uk
Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93
“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Supreme Court, 6th March 2013
ITV Broadcasting Ltd and others v TVCatchup Ltd (Case C-607/11); [2013] WLR (D) 92
“The concept of ‘communication to the public’, within the meaning of article 3(1) of Parliament and Council Directive 2001/29/EC covered a re-transmission of the works included in a terrestrial television broadcast where the re-transmission was made by an organisation other than the original broadcaster, by means of an Internet stream made available to subscribers of that other organisation who could receive that re-transmission by logging on to its server, even though those subscribers were within the area of reception of that terrestrial television broadcast and could lawfully receive the broadcast on a television receiver. It was irrelevant that a re-transmission was funded by advertising and was therefore of a profit-making nature and was by an organisation which was acting in direct competition with the original broadcaster.”
WLR Daily, 7th March 2013
Source: www.iclr.co.uk
Supreme Court
Daejan Investments Ltd v Benson & Ors [2013] UKSC 14 (6 March 2013)
Court of Appeal (Civil Division)
MRI Trading AG v Erdenet Mining Corporation LLC [2013] EWCA Civ 156 (08 March 2013)
Citation Plc v Ellis Whittam Ltd [2013] EWCA Civ 155 (08 March 2013)
Leeds United Football Club v West Yorkshire Police [2013] EWCA Civ 115 (07 March 2013)
Wallace v Follett [2013] EWCA Civ 146 (07 March 2013)
London Borough of Brent v Tudor [2013] EWCA Civ 157 (06 March 2013)
Everything Everywhere Ltd v Competition Commission & Ors [2013] EWCA Civ 154 (06 March 2013)
Fareham Borough Council v Miller [2013] EWCA Civ 159 (06 March 2013)
High Court (Administrative Court)
Mikolajczak v District Court In Kalisz, Poland [2013] EWHC 432 (Admin) (07 March 2013)
Zawadzki v Regional Court In Warsaw, Poland [2013] EWHC 433 (Admin) (07 March 2013)
High Court (Commercial Court)
High Court (Patents Court)
High Court (Queen’s Bench Division)
VIS Trading Co. Ltd v Nazarov & Ors [2013] EWHC 491 (QB) (08 March 2013)
Redcar v Dady & Ors [2013] EWHC 475 (QB) (08 March 2013)
IG Index Plc v Colley & Ors [2013] EWHC 478 (QB) (07 March 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
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