law reports – Page 152 – Current Awareness

Tamiz v Google Inc and another – WLR Daily

Posted February 21st, 2013 in appeals, defamation, internet, law reports, publishing by sally

Tamiz v Google Inc and another [2013] EWCA Civ 68; [2013] WLR (D) 65

“An internet service provider which supplied a platform for blogs and various tools to assist the blogger, and which was able to remove or block access to blogs when alerted to the fact that they breached its own terms and conditions, could be potentially liable for defamatory comments posted on a blog once it had received notification and had had sufficient time to act. A defence might be available under section 1 of the Defamation Act 1996, but if the potential liability would be so trivial because of the short period of time between notification of the complaint and removal of the offending material, the maintenance of the proceedings could not be justified.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Regina v Dizaei – WLR Daily

Posted February 21st, 2013 in admissibility, bad character, crime, evidence, law reports, witnesses by sally

Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64

“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

VLM Holdings Ltd v Ravensworth Digital Services Ltd – WLR Daily

Posted February 21st, 2013 in computer programs, copyright, law reports, licensing, subsidiary companies by sally

VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch); [2013] WLR (D) 63

“Where the authority given by a head licensor to a sub-licensor was sufficiently wide in scope to allow the grant of a sub-licence which was capable of surviving termination of the head licence, the head licensor must be taken on normal agency principles as giving ultimate permission for the granting of the sub-licence.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others – WLR Daily

Posted February 21st, 2013 in education, examinations, judicial review, law reports by sally

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others [2013] EWHC 211 (Admin); [2013] WLR (D) 62

The court’s role in deciding a question of fundamental unfairness on a judicial review claim was supervisory. Only where a reasonable body could not fairly have acted as the defendants had did their conduct trespass into the area of conspicuous unfairness amounting to abuse of power.

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61

Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.

WLR Daily, 23rd February 2013

Source: www.iclr.co.uk

Regina (KA) v Essex County Council – WLR Daily

Posted February 21st, 2013 in children, human rights, immigration, law reports, local government by sally

Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60

Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

Moore v British Waterways Board – WLR Daily

Posted February 21st, 2013 in appeals, canals, law reports, notification, rights of way by sally

Moore v British Waterways Board [2013] EWCA Civ 73; [2013] WLR (D) 59

“At common law a riparian owner who did not own the river bed had no right to moor vessels there permanently. However, absence of a right to moor did not necessarily mean that a vessel was moored ‘without lawful authority’ within section 8 of the British Waterways Act 1983, which empowered the British Waterways Board to remove a vessel.”

WLR Daily, 14th Febraury 2013

Source: www.iclr.co.uk

Szpak v Secretary of State for Work and Pensions – WLR Daily

Posted February 21st, 2013 in appeals, immigration, law reports, migrant workers, news, social security by sally

Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46; [2013] WLR (D) 58

“Where a foreign national working in the United Kingdom applied late to be registered under the Accession (Immigration and Worker Registration) Regulations 2004 and his worker registration certificate was issued three months after commencing employment and covering only nine months of employment the certificate did not have retrospective effect so as to qualify him, under regulation 2(4), to claim the benefit as ‘legally working’ in the United Kingdom for 12 months for an ‘authorised employer’.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Children’s Rights Alliance for England) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 21st, 2013 in appeals, human rights, law reports, restraint, secure training centres, young offenders by sally

Regina (Children’s Rights Alliance for England) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2013] EWCA Civ 34; [2013] WLR (D) 57

The constitutional right of access to the courts was properly to be understood as a duty owed by the state not to place obstacles in the way of access to justice, and did not entail a positive duty to seek out and notify individuals with potential claims against the state; nor was there anything in the Strasbourg jurisprudence on articles 3, 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to justify the imposition of such a duty.

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court

Posted February 21st, 2013 in appeals, families, health, homelessness, housing, interpretation, law reports, local government, Supreme Court by sally

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of L and B (Children) – Supreme Court

Posted February 21st, 2013 in appeals, child abuse, judges, judgments, law reports, Supreme Court by sally

In the matter of L and B (Children) [2013] UKSC 8 | UKSC 2012/0263 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of J (Children) – Supreme Court

Posted February 21st, 2013 in appeals, child abuse, law reports, local government, residence orders, Supreme Court by sally

In the matter of J (Children) [2013] UKSC 9 | UKSC 2012/0128 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted February 21st, 2013 in law reports by sally

Supreme Court

L and B (Children), Re [2013] UKSC 8 (20 February 2013)

J (Children), Re [2013] UKSC 9 (20 February 2013)

Sharif v The London Borough of Camden [2013] UKSC 10 (20 February 2013)

Court of Appeal (Civil Division)

Ricoh Europe Holdings BV & Ors v Spratt & Anor [2013] EWCA Civ 92 (19 February 2013)

DD v Durham County Council & Anor [2013] EWCA Civ 96 (19 February 2013)

Hawes v Burgess & Anor [2013] EWCA Civ 74 (19 February 2013)

Smeaton v Equifax Plc [2013] EWCA Civ 108 (20 February 2013)

High Court (Administrative Court)

Zeqaj v Government of Albania [2013] EWHC 261 (Admin) (20 February 2013)

Amirifard, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 279 (Admin) (19 February 2013)

Tewkesbury Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 286 (Admin) (20 February 2013)

High Court (Chancery Division)

Mahtani & Anor v Sippy & Ano [2013] EWHC 285 (Ch) (19 February 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 19th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Wilson v Haden (t/a Clyne Farm Centre) [2013] EWHC 229 (QB) (15 February 2013)

Lord Hanningfield of Chelmsford v Chief Constable of Essex Police [2013] EWHC 243 (QB) (15 February 2013)

High Court (Administrative Court)

Care North East Northumberland, Members of the Committee of, R (on the application of) v Northumberland County Council [2013] EWHC 234 (Admin) (15 February 2013)

Parker v The Republic of Argentina [2013] EWHC 226 (Admin) (15 February 2013)

Hunter v Newcastle Crown Court [2013] EWHC 191 (Admin) (29 January 2013)

Luthra v General Medical Council [2013] EWHC 240 (Admin) (18 February 2013)

High Court (Family Division)

AB v BB & Ors [2013] EWHC 227 (Fam) (13 February 2013)

A London Borough v A & Ors [2013] EWHC 96 (Fam) (15 February 2013)

High Court (Commercial Court)

Novoship (UK) Ltd & Ors v Mikhaylyuk & Ors [2013] EWHC 89 (Comm) (18 January 2013)

U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2013] EWHC 260 (Comm) (15 February 2013)

Cadogan Petroleum Holdings Ltd v Global Process Systems LLC [2013] EWHC 214 (Comm) (15 February 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 18th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dizaei v R. [2013] EWCA Crim 88 (14 February 2013)

Court of Appeal (Civil Division)

Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69 (14 February 2013)

Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)

Niekrash v South London Healthcare NHS Trust [2013] EWCA Civ 64 (14 February 2013)

Moore v British Waterways Board [2013] EWCA Civ 73 (14 February 2013)

Weavering Capital (UK) Ltd & Ors v Dabhia & Anor [2013] EWCA Civ 71 (15 February 2013)

High Court (Chancery Division)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 174 (Ch) (14 February 2013)

Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch) (15 February 2013)

Highbury Pension Fund Management Company & Anor v Zirfin Investments Ltd & Ors [2013] EWHC 238 (Ch) (14 February 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 14th, 2013 in law reports by sally

Supreme Court

Digital Satellite Warranty Cover Ltd & Anor v Financial Services Authority [2013] UKSC 7 (13 February 2013)

Court of Appeal (Criminal Division)

B v R. [2013] EWCA Crim 3 (31 January 2013)

Moore & Anor, R. v [2013] EWCA Crim 85 (13 February 2013)

Court of Appeal (Civil Division)

The Gas and Electricity Markets Authority v Infinis Plc & Infinis (Re-Gen) Ltd & Anor [2013] EWCA Civ 70 (13 February 2013)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 (12 February 2013)

H (A Child) [2013] EWCA Civ 72 (13 February 2013)

Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46 (13 February 2013)

KS (Burma) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 67 (13 February 2013)

High Court (Administrative Court)

London Borough of Lewisham & Ors), R (on the application of) v Assessment And Qualifications Alliance (AQA) & Ors [2013] EWHC 211 (Admin) (13 February 2013)

High Court (Chancery Division)

Global Torch Ltd v Apex Global Management Ltd [2013] EWHC 223 (Ch) (13 February 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWHC 209 (Ch) (13 February 2013)

VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch) (13 February 2013)

Nationwide Building Society v Christie & Anor [2013] EWHC 127 (Ch) (01 February 2013)

High Court (Family Division)

RCW v A Local Authority [2013] EWHC 235 (Fam) (12 February 2013)

Source: www.bailii.org

Regina v Love and another – WLR Daily

Posted February 14th, 2013 in amendments, crime, indictments, law reports by sally

Regina v Love and another [2013] WLR (D) 56

“After a guilty plea had been entered an indictment could be amended otherwise than on an application by the defendant.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted February 14th, 2013 in appeals, employment, forced labour, law reports, regulations, social security by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 ; [2013] WLR (D) 55

“‘The scheme’ named in the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 did not comply with the requirements of section 17A of the Jobseekers Act 1995 and was unlawful.”

WLR Daily, 12th February 2013

Source: www.iclr.co.uk

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others – WLR Daily

Posted February 13th, 2013 in estoppel, financial regulation, hearsay evidence, law reports, news by sally

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others [2013] EWHC 178 (Ch); [2013] WLR (D) 54

“Arrangements amounting to collective investment schemes within the meaning of section 235 of the Financial Services and Markets Act 2000, or more generally, were not inchoate or imperfect contracts that were displaced if their parties entered into a form of understanding or contract.”

WLR Daily, 8th February 2013

Source: www.iclr.co.uk