law reports – Page 154 – Current Awareness

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

Rummun v State of Mauritius – WLR Daily

Posted February 13th, 2013 in criminal justice, delay, human rights, law reports, Privy Council, sentencing by sally

Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53

“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45 (08 February 2013)

Court of Appeal (Criminal Division)

Franklin & Ors, R. v [2013] EWCA Crim 84 (11 February 2013)

Hall v R [2013] EWCA Crim 82 (08 February 2013)

High Court (Administrative Court)

Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor [2013] EWHC 198 (Admin) (08 February 2013)

High Court (Chancery Division)

Loss Relief Group Litigation Order, Claimants Listed In v Revenue & Customs [2013] EWHC 205 (Ch) (11 February 2013)

Jeremy D. Stone Consultants Ltd & Anor v National Westminster Bank Plc & Anor [2013] EWHC 208 (Ch) (11 February 2013)

The Financial Services Authority v Asset L I Inc (t/a Asset Land Investment Inc) & Ors [2013] EWHC 178 (Ch) (08 February 2013)

Televisión Autonómica Valenciana, SA v Imagina Contenidos Audiovisuales, SL [2013] EWHC 160 (Ch) (08 February 2013)

Twentieth Century Fox Film Corp & Ors v Harris & Ors [2013] EWHC 159 (Ch) (05 February 2013)

High Court (Commercial Court)

Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd & Ors [2013] EWHC 154 (Comm) (08 February 2013)

High Court (Technology and Construction Court)

Transport for Greater Manchester v Thales Transport & Security Ltd [2013] EWHC 149 (TCC) (08 February 2013)

AMEC Group Ltd v Secretary of State for Defence [2013] EWHC 110 (TCC) (08 February 2013)

Source: www.bailii.org

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. – WLR Daily

Posted February 11th, 2013 in competition, EC law, law reports by sally

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. (Case C-68/12); [2013] WLR (D) 52

“When assessing whether an agreement between several undertakings had the object of restricting competition within the meaning of article 101FEU of the FEU treaty, the fact that an institution, adversely affected by the agreement, had allegedly been operating illegally on the relevant market was of no relevance to that assessment.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Posted February 11th, 2013 in abuse of process, HM Revenue & Customs, judicial review, jurisdiction, law reports, taxation, tribunals by sally

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily

Posted February 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by sally

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others [2013] EWHC 32 (QB); [2013] WLR (D) 49

“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”

WLR Daily, 18th January 2013

Source: www.iclr.co.uk