law reports – Page 158 – Current Awareness

Brown-Quinn and another v Equity Syndicate Management Ltd and another – WLR Daily

Posted December 14th, 2012 in contracts, costs, fees, insurance, law reports, remuneration, solicitors by sally

Brown-Quinn and another v Equity Syndicate Management Ltd and another: [2012] EWCA Civ 1633; [2012] WLR (D) 377

“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Posted December 14th, 2012 in care orders, guardianship, law reports, local government, parental responsibility, placement orders, residence orders by sally

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by sally

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch); [2012] WLR (D) 375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

Posted December 13th, 2012 in illegality, law reports, licensing, local government, planning, ultra vires by sally

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

Posted December 13th, 2012 in appeals, costs, documents, insurance, law reports, practice directions by sally

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 12th, 2012 in law reports by sally

Supreme Court

Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61 (12 December 2012)

A (A Child), Re [2012] UKSC 60 (12 December 2012)

X v Mid Sussex Citizens Advice Bureau & Anor [2012] UKSC 59 (12 December 2012)

Court of Appeal (Civil Division)

Novartis AG v Generics (UK) Ltd (t/a Mylan) [2012] EWCA Civ 1623 (12 December 2012)

Cammish v Hughes [2012] EWCA Civ 1655 (12 December 2012)

Davisons Solicitors (a firm) v Nationwide Building Society [2012] EWCA Civ 1626 (12 December 2012)

Alliance Bank JSC v Aquanta Corporation & Ors [2012] EWCA Civ 1588 (12 December 2012)

Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor [2012] EWCA Civ 1633 (12 December 2012)

AM v Secretary of State for the Home Department [2012] EWCA Civ 1634 (12 December 2012)

High Court (Queen’s Bench)

Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)

High Court (Administrative Court)

Bushara, R (On the Application Of) v Secretary of State for Home Department [2012] EWHC 3483 (Admin) (16 November 2012)

High Court (Commercial Court)

Dar Al Arkan Real Estate Development Company v Al Refai & Ors [2012] EWHC 3539 (Comm) (12 December 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 12th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Sadighpour v R. [2012] EWCA Crim 2669 (11 December 2012)

Court of Appeal (Civil Division)

AN & FA (Children), R (On the Application Of) v Secretary of State for the Home Department [2012] EWCA Civ 1636 (11 December 2012)

Suffolk County Council v Nottinghamshire County Council [2012] EWCA Civ 1640 (11 December 2012)

Singh & Ors v Ahluwalia [2012] EWCA Civ 1635 (11 December 2012)

Phillips & Co (a firm) v Bath Housing Co-Operative Ltd [2012] EWCA Civ 1591 (11 December 2012)

Davies v Davies [2012] EWCA Civ 1641 (11 December 2012)

High Court (Queen’s Bench Division)

Price v Powel & Ors [2012] EWHC 3527 (QB) (11 December 2012)

Harlan Laboratories UK Ltd & Anor v Stop Huntingdon Animal Cruelty (“SHAC”) & Anor [2012] EWHC 3408 (QB) (07 December 2012)

Source: www.bailii.org

Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily

Posted December 12th, 2012 in civil justice, costs, law reports, legal profession, limitations, solicitors by sally

Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372

“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 11th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Imam-Sadeque v Bluebay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) (10 December 2012)

High Court (Administrative Court)

TNT Post UK Ltd, R (on the application of) v HM Revenue and Customs & Ors [2012] EWHC 3380 (Admin) (10 December 2012)

Linfoot v Secretary of State for the Department for Communities and Local Government [2012] EWHC 3514 (Admin) (10 December 2012)

High Court (Family Division)

B v A [2012] EWHC 3127 (Fam) (10 December 2012)

High Court (Technology and Construction Court)

UK Highways A55 Ltd & Ors v Hyder Consulting (UK) Ltd & Ors [2012] EWHC 3505 (TCC) (06 December 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 10th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Parekh v London Borough of Brent [2012] EWCA Civ 1630 (07 December 2012)

Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA [2012] EWCA Civ 1629 (07 December 2012)

High Court (Administrative Court)

Taylor v Manchester City Council TCG Bars Ltd [2012] EWHC 3467 (Admin) (07 December 2012)

High Court (Commercial Court)

Occidental Chartering Inc v Progress Bulk Carriers Ltd [2012] EWHC 3515 (Comm) (06 December 2012)

Source: www.bailii.org

O and another v Maahanmuuttovirasto; Maahanmuuttovirasto v L – WLR Daily

Posted December 10th, 2012 in citizenship, EC law, families, human rights, immigration, law reports by sally

O and another v Maahanmuuttovirasto Maahanmuuttovirasto v L (Joined Cases C-356/11 and C-357/11); [2012] WLR (D) 371

“In circumstances where a third country national husband had married another third country national lawfully resident in the European Union and where the first child, an EU citizen, was a child of the wife’s former marriage to an EU citizen and the second child was a child of their own marriage, a member state could refuse to grant the third country national husband a residence permit on the basis of family reunification where he sought to derive the right of residence from his wife’s first child on the basis of the child’s enjoyment of EU citizenship pursuant to article 20FEU of the FEU Treaty. In those circumstances, however, Council Directive 2003/86/EC on the right to family reunification could apply.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Bundesrepublik Deutschland v Dittrich – WLR Daily

Posted December 10th, 2012 in civil partnerships, civil servants, EC law, employment, equality, law reports, marriage, medical treatment, sexual orientation discrimination by sally

Bundesrepublik Deutschland v Dittrich (Joined Cases C-124/11, C-125/11 and C-143/11); [2012] WLR (D) 370

“On the proper interpretation of article 3(1)(c) and 3(3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, assistance granted to public servants in the event of illness fell within the scope of the Directive if it was the responsibility of the state, as a public employer, to finance it, that being a matter for the national court to determine.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Clinisupplies Ltd v Park and others – WLR Daily

Posted December 10th, 2012 in law reports, patents by sally

Clinisupplies Ltd v Park and others [2012] EWHC 3453 (Ch); [2012] WLR (D) 369

“The mere selection of components forming a composite article did not amount to an aspect of ‘configuration’, and hence a ‘design’, within the meaning of section 213(2) of the Copyrights, Designs and Patents Act 1988.”

WLR Daily, 5th December 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 7th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Haq & Ors v The Audit Commission [2012] EWCA Civ 1621 (06 December 2012)

Connell v Mutch (t/a Southey Building Services) & Anor [2012] EWCA Civ 1589 (06 December 2012)

Howden North America Inc & Anor v Ace European Group Ltd & Ors [2012] EWCA Civ 1624 (06 December 2012)

High Court (Queen’s Bench Division)

Houshian v General Medical Council [2012] EWHC 3458 (QB) (06 December 2012)

Premier Model Management Led v Bruce & Ors [2012] EWHC 3509 (QB) (29 November 2012)

Less & Anor v Hussain (Rev 1) [2012] EWHC 3513 (QB) (06 December 2012)

High Court (Commercial Court)

Greatship (India) Ltd v Oceanografia SA de CV [2012] EWHC 3468 (Comm) (05 December 2012)

Source: www.bailii.org

Okoro and another v Taylor Woodrow Construction Ltd and others – WLR Daily

Posted December 7th, 2012 in complaints, law reports, news, race discrimination, time limits by sally

Okoro and another v Taylor Woodrow Construction Ltd and others [2012] EWCA Civ 1590; [2012] WLR (D) 368

“A complaint of racial discrimination by workers arising out of a ban preventing them from entering the workplace was not presented in time under section 68(1) of the Race Relations Act 1976 after a period of three months beginning with the date on which the ban had expired.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Souglides v Tweedie and another – WLR Daily

Posted December 7th, 2012 in landlord & tenant, law reports, leases, mortgages, perpetuities, repossession by sally

Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367

“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 6th, 2012 in law reports by sally

High Court (Chancery Division)

Clinisupplies Ltd v Park & Ors [2012] EWHC 3453 (Ch) (05 December 2012)

High Court (Technology and Construction Court)

Cleightonhills v Bembridge Marine Ltd & Ors [2012] EWHC 3449 (TCC) (05 December 2012)

Source: www.bailii.org

JSC BTA Bank v Ablyazov (No 8) – WLR Daily

Posted December 5th, 2012 in bias, civil justice, contempt of court, law reports, recusal by sally

JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366

“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

M v Scottish Ministers – WLR Daily

Posted December 5th, 2012 in detention, hospitals, judicial review, law reports, mental health, ministers' powers and duties, regulations, Scotland by sally

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk