Category: law reports

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

BAILII: Recent Decisions

Posted March 13th, 2013 in law reports by sally

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

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) – Supreme Court

Posted March 13th, 2013 in contracts, EC law, law reports, VAT by sally

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) [2013] UKSC 15 | UKSC 2009/0154 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) – Supreme Court

Posted March 13th, 2013 in intellectual property, inventions, law reports, patents by sally

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) [2013] UKSC 16 | UKSC 2011/0159 & UKSC 2011/0266 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department – WLR Daily

Posted March 13th, 2013 in appeals, education, law reports, news, sponsored immigrants by sally

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department [2013] EWCA Civ 177; [2013] WLR (D) 96

“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

BAILII: Recent Decisions

Posted March 12th, 2013 in law reports by sally

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)

Z, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 498 (Admin) (12 March 2013)

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

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police – WLR Daily

Posted March 12th, 2013 in appeals, costs, law reports, police, sport by sally

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police [2013] EWCA Civ 115; [2013] WLR (D) 95

“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 – WLR Daily

Posted March 12th, 2013 in appeals, consultations, covenants, landlord & tenant, law reports, service charges, Supreme Court by sally

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 – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

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

Daejan Investments Limited (Appellant) v Benson and others (Respondents) – Supreme Court

Posted March 11th, 2013 in appeals, consultations, jurisdiction, landlord & tenant, law reports, service charges, Supreme Court by sally

Daejan Investments Limited (Appellant) v Benson and others (Respondents) [2013] UKSC 14 | UKSC 2011/0057 (YouTube)

Supreme Court, 6th March 2013

Source: www.youtube.com/user/UKSupremeCourt