law reports – Page 154 – Current Awareness

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 1st, 2013 in law reports by sally

Court of Appeal (Civil Division)

EU (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 32 (31 January 2013)

LH (Nigeria) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 26 (30 January 2013)

Court of Appeal (Criminal Division)

Druce v R. [2013] EWCA Crim 40 (31 January 2013)

High Court (Chancery Division)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd [2013] EWHC 109 (Ch) (01 February 2013)

St Anselm Development Company Ltd v Slaughter and May (A Firm) [2013] EWHC 125 (Ch) (01 February 2013)

Lissack v Manhattan Loft Corporation Ltd [2013] EWHC 128 (Ch) (31 January 2013)

GKN Holdings Plc & Ors v Inland Revenue & Anor [2013] EWHC 108 (Ch) (31 January 2013)

Pavledes & Anor v Hadjisavva & Anor [2013] EWHC 124 (Ch) (31 January 2013)

High Court (Commercial Court)

Bunge SA v Nidera BV [2013] EWHC 84 (Comm) (29 January 2013)

High Court (Family Division)

S v D & E [2013] EWHC 134 (Fam) (31 January 2013)

Source: www.bailii.org.uk

Hackney London Borough Council v Sivanandan and others – WLR Daily

Posted February 1st, 2013 in compensation, contribution, law reports, race discrimination, sex discrimination, victimisation by sally

Hackney London Borough Council v Sivanandan and others: [2013] EWCA Civ 22; [2013] WLR (D) 34

“The employment tribunal had not erred in law when, on a complaint of victimisation, it made an award of compensation against an employer which was much larger than an award it had already made against the employer’s employee at an earlier remedy hearing in which the employer had not taken part.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Regina (Ali and others) v Secretary of State for Justice – WLR Daily

Posted February 1st, 2013 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Ali and others) v Secretary of State for Justice: [2013] EWHC 72 (Admin); [2013] WLR (D) 35

“A useful test to determine whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, was whether he had established, beyond reasonable doubt, that no reasonable jury (or magistrates) properly directed as to the law, could convict on the evidence now to be considered.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by sally

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin); [2013] WLR (D) 36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Regina v Kenny – WLR Daily

Posted February 1st, 2013 in conspiracy, law reports, perverting the course of justice, restraining orders by sally

Regina v Kenny: [2013] EWCA Crim 1; [2013] WLR (D) 37

“Neither authority nor principle required that the offence of perverting the course of justice was confined to acts which gave rise to some other independent criminal wrong-doing.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Ibrahim v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2013 in homelessness, housing, law reports, local government by sally

Ibrahim v Wandsworth London Borough Council: [2013] EWCA Civ 20; [2013] WLR (D) 38

“A local authority reviewer’s duty under regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, to invite representations from the applicant where the reviewer was minded to make a decision against the interests of the applicant despite there being a deficiency in the local authority’s original decision, was not engaged where the deficiency was not the subject of any complaint by the applicant on the review and had been neither upheld nor decided upon by the reviewer.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 31st, 2013 in law reports by sally

Supreme Court

B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4 (30 January 2013)

Court of Appeal (Criminal Division)

Dlugosz, R. v [2013] EWCA Crim 2 (30 January 2013)

Kenny v R. [2013] EWCA Crim 1 (30 January 2013)

Court of Appeal (Civil Division)

Gallastegui, R (on the application of) v Westminster City Council & Ors [2013] EWCA Civ 28 (30 January 2013)

Ibrahim v London Borough of Wandsworth [2013] EWCA Civ 20 (30 January 2013)

LH (Nigeria) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 26 (30 January 2013)

FHR European Ventures LLP & Ors v Mankarious & Ors [2013] EWCA Civ 17 (29 January 2013)

EU (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 32 (31 January 2013)

High Court (Chancery Division)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWHC 7 (Ch) (30 January 2013)

Ridgewood Properties Group Ltd & Ors v Valero Energy Ltd [2013] EWHC 98 (Ch) (30 January 2013)

MF Global UK Ltd, Re [2013] EWHC 92 (Ch) (29 January 2013)

High Court (Administrative Court)

Polish Judicial Authority v Wolkowicz [2013] EWHC 102 (Admin) (30 January 2013)

Cakani v Secretary of State for Home Department [2013] EWHC 16 (Admin) (31 January 2013)

High Court (Family Division)

AI v MT [2013] EWHC 100 (Fam) (30 January 2013)

High Court (Technology and Construction Court)

Arcadis UK Ltd v May and Baker Ltd (t/a Sanofi) [2013] EWHC 87 (TCC) (29 January 2013)

Source: www.bailii.org

TV cameras to be allowed into court of appeal – The Guardian

Posted January 31st, 2013 in appeals, courts, law reports, media, news by sally

“TV cameras will be allowed into the court of appeal for the first time from October and senior judges will be offered training before appearing on camera, the lord chief justice has revealed.”

Full story

The Guardian, 30th January 2013

Source: www.guardian.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice – WLR Daily

Posted January 31st, 2013 in appeals, cautions, criminal records, law reports, police, privacy by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice [2013] EWCA Civ 25; [2013] WLR (D) 33

“The statutory regime requiring the blanket disclosure of all convictions and cautions relating to recordable offences against an individual was disproportionate to (i) the general aim of protecting employers and, in particular, children and vulnerable adults who were in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.”

WLR Daily, 29th Janaury 2013

Source: www.iclr.co.uk

O’Cathail v Transport for London – WLR Daily

Posted January 31st, 2013 in adjournment, appeals, civil justice, employment tribunals, law reports by sally

O’Cathail v Transport for London [2013] EWCA Civ 21; [2013] WLR (D) 31

“An employment tribunal’s decision to refuse a claimant’s application to adjourn a hearing could not be set aside by the Employment Appeal Tribunal unless the tribunal had erred in law.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (in special administration) Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted January 31st, 2013 in administration orders, financial regulation, insolvency, law reports by sally

In re MF Global UK Ltd (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 92 (Ch); [2013] WLR (D) 30

“The hindsight principle was not applicable to the determination of claims to client money for the purposes of a distribution under Chapter 7A of the Client Assets Sourcebook (‘CASS 7A’) issued by the Financial Services Authority in accordance with its powers under Part X of the Financial Services and Markets Act 2000.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

B (Algeria) v Secretary of State for the Home Department – WLR Daily

Posted January 31st, 2013 in contempt of court, law reports, news, sentencing, Supreme Court by sally

B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4; [2013] WLR (D) 29

“Where a person held by a civil court or tribunal to be in contempt of court appealed against a sentence of imprisonment imposed for the contempt and the Court of Appeal (Civil Division) found that the lower court’s factual findings had been flawed but that nevertheless, on the basis of the true facts, there had still been contempt requiring imprisonment, it could decide for itself what the appropriate sentence should be by asking whether the lower court’s sentence had been manifestly excessive, provided that the lower court’s decision had not been influenced by its flawed findings of fact.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Radu (Case C-396/11) – WLR Daily

Posted January 31st, 2013 in EC law, extradition, law reports, trials, warrants by sally

Radu (Case C-396/11); [2013] WLR (D) 28

“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted January 30th, 2013 in contempt of court, human rights, identification, immigration, imprisonment, law reports, mental health by sally

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 4 | UKSC 2011/0186 (YouTube)

Supreme Court, 30th January 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted January 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Singh v Yaqubi [2013] EWCA Civ 23 (29 January 2013)

London Borough of Hackney v Sivanandan & Ors [2013] EWCA Civ 22 (29 January 2013)

Transport for London v O’Cathail [2013] EWCA Civ 21 (29 January 2013)

T, R (on the application of) v Chief Constable of Greater Manchester & Ors [2013] EWCA Civ 25 (29 January 2013)

Omnipharm Ltd v Merial [2013] EWCA Civ 10 (29 January 2013)

Grange v Quinn [2013] EWCA Civ 24 (29 January 2013)

High Court (Queen’s Bench Division)

Barnett & Ors v Nigel Hall Menswear Ltd [2013] EWHC 91 (QB) (29 January 2013)

High Court (Chancery Division)

Hotel Cipriani Srl & Ors v Fred 250 Ltd & Ors (Rev 1) [2013] EWHC 70 (Ch) (29 January 2013)

High Court (Administrative Court)

Telford and Wrekin Council v Secretary of State for Communities and Local Government [2013] EWHC 79 (Admin) (29 January 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 29th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Coull, R. v [2012] EWCA Crim 2893 (12 December 2012)

Friel, R. v [2012] EWCA Crim 2871 (11 December 2012)

Mba, R. v [2012] EWCA Crim 2773 (04 December 2012)

High Court (Queen’s Bench Division)

Khalil v Barakat & Anor [2013] EWHC 85 (QB) (28 January 2013)

High Court (Chancery Division)

Fitzwilliam v Richall Holdings Services Ltd [2013] EWHC 86 (Ch) (28 January 2013)

High Court (Administrative Court)

Gregory v Welsh Ministers & Ors [2013] EWHC 63 (Admin) (25 January 2013)

High Court (Commercial Court)

Westwood Shipping Lines Inc & Anor v Universal Schiffahrtsgesellschaft MBH & Anor [2012] EWHC 3837 (Comm) (11 December 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 28th, 2013 in law reports by sally

Court of Appeal (Civil Division)

West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)

Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)

High Court (Administrative Court)

Ali & Ors, R (on the application of) v Secretary of State for Justice [2013] EWHC 72 (Admin) (25 January 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 62 (Admin) (25 January 2013)

Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)

TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)

High Court (Chancery Division)

RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)

SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)

High Court (Queen’s Bench Division)

Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)

Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)

High Court (Family Division)

Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)

BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)

High Court (Commercial Court)

Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)

Source: www.bailii.org

Snelling and another v Burstow Parish Council – WLR Daily

Posted January 28th, 2013 in law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27

Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.

WLR Daily, 24th January 2013

Source: www.iclr.co.uk