law reports – Page 159 – Current Awareness

Regina v Smith (Mark) – WLR Daily

Posted December 5th, 2012 in aircraft, appeals, criminal justice, harassment, insanity, law reports, restraining orders, sentencing by sally

Regina v Smith (Mark) [2012] EWCA Crim 2566; [2012] WLR (D) 362

“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted December 5th, 2012 in appeals, delay, diplomats, embassies, extradition, human rights, law reports, time limits by sally

Regina (Tajik) v City of Westminster Magistrates’ Court and another [2012] EWHC 3347 (Admin); [2012] WLR (D) 361

“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 5th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

J.OC, R v [2012] EWCA Crim 2458 (2 November 2012)

Smith v R. [2012] EWCA Crim 2566 (29 November 2012)

Court of Appeal (Civil Division)

Secret Hotels2 Ltd v Revenue and Customs [2012] EWCA Civ 1571 (03 December 2012)

Okoro & Anor v Taylor Woodrow Construction Ltd & Ors [2012] EWCA Civ 1590 (04 December 2012)

Tweedie & Anor v Souglides [2012] EWCA Civ 1546 (04 December 2012)

Davies v Watkins [2012] EWCA Civ 1570 (04 December 2012)

Brown & Ors v Innovatorone Plc & Ors [2012] EWCA Civ 1587 (04 December 2012)

High Court (Chancery Division)

Slocom Trading Ltd & Anor v Tatik Inc & Ors [2012] EWHC 3464 (Ch) (04 December 2012)

High Court (Administrative Court)

Williams v The Secretary of State for Communities And Local Government & Anor [2012] EWHC 3466 (Admin) (04 December 2012)

High Court (Family Court)

J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)

I (Habitual Residence), Re [2012] EWHC 3363 (Fam) (03 December 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 3rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Mengi v Hermitage [2012] EWHC 3445 (QB) (30 November 2012)

High Court (Chancery Division)

Chauvidul- AW v Phongphongsavat & Anor [2012] EWHC 3224 (Ch) (23 November 2012)

Arnold v Britton & Ors [2012] EWHC 3451 (Ch) (03 December 2012)

Source: www.bailii.org

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Econord SpA v Comune di Cagno and others – WLR Daily

Posted December 3rd, 2012 in contracts, EC law, law reports, local government, public procurement, tenders by sally

Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356

“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 30th, 2012 in law reports by sally

Court of Appeal (Civil Division)

K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Ors [2012] EWCA Civ 1569 (29 November 2012)

Birmingham City Council v Ashton [2012] EWCA Civ 1557 (29 November 2012)

Court of Appeal (Criminal Division)

Ligaya Nursing v R [2012] EWCA Crim 2521 (30 November 2012)

Ravjani & Ors, R. v [2012] EWCA Crim 2519 (29 November 2012)

Shabir, R. v [2012] EWCA Crim 2564 (29 November 2012)

High Court (Administrative Court)

Omar, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012)

Patel v Solicitors Regulation Authority [2012] EWHC 3373 (Admin) (29 November 2012)

High Court (Chancery Division)

Royal Westminster Investments SA & Ors v Varma [2012] EWHC 3439 (Ch) (30 November 2012)

Sycamore Bidco Ltd v Breslin & Anor [2012] EWHC 3443 (Ch) (30 November 2012)

Omega Engineering Incorporated v Omega S.A. (Omega AG) (Omega Ltd.) [2012] EWHC 3440 (Ch) (30 November 2012)

Cometson & Anor v Merthyr Tydfil County Borough Council & Anor [2012] EWHC 3446 (Ch) (30 November 2012)

High Court (Patents Court)

Actavis Group HF v Eli Lilly & Company [2012] EWHC 3316 (Pat) (27 November 2012)

High Court (Queen’s Bench Division)

Hussain v King Edward VII Hospital [2012] EWHC 3441 (QB) (30 November 2012)

O’Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)

Harries v Stevenson [2012] EWHC 3447 (QB) (30 November 2012)

Light On Line Ltd & Anor v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB) (29 November 2012)

High Court (Technology and Construction Court)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2012] EWHC 3417 (TCC) (30 November 2012)

Constance Long Term Holdings Ltd v Cavendish (Duke Of Westminster) [2012] EWHC 3434 (TCC) (29 November 2012)

Source: www.bailii.org

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355 – WLR Daily

Posted November 30th, 2012 in committals, Crown Court, law reports, magistrates, sentencing by sally

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355

“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by sally

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559; [2012] WLR (D) 354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by sally

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470; [2012] WLR (D) 353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Regina v Abbas and another – WLR Daily

Posted November 30th, 2012 in evidence, firearms, joint enterprise, juries, law reports by sally

Regina v Abbas and another: [2012] EWCA Crim 2517; [2012] WLR (D) 352

“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Pringle v Government of Ireland and another – WLR Daily

Posted November 29th, 2012 in EC law, law reports, news, treaties by sally

Pringle v Government of Ireland and another (Case 370/12); [2012] WLR (D) 350

“Articles 4(3)TEU and 13TEU of the EU Treaty and articles 2(3)FEU, 3(1)(c) and (2)FEU, 119FEU to 123FEU and 125FEU to 127FEU of the FEU Treaty, and the general principle of effective judicial protection did not preclude the conclusion between the member states (whose currency was the euro) of an agreement such as the Treaty establishing the European stability mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland (the ESM Treaty), concluded at Brussels on 2 February 2012, or the ratification of that Treaty by those member states.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 29th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Ali v Bashir & Anor [2012] EWHC 3358 (QB) (27 November 2012)

High Court (Chancery Division)

Smith v Trafford Housing Trust [2012] EWHC 3320 (Ch) (23 November 2012)

Appleyard v Wewelwala [2012] EWHC 3302 (Ch) (23 November 2012)

Bowen Travel Ltd, Re [2012] EWHC 3405 (Ch) (08 November 2012)

JW Spear & Sons Ltd & Anor v Zynga, Inc [2012] EWHC 3345 (Ch) (28 November 2012)

High Court (Administrative Court)

Savage v United States of America [2012] EWHC 3317 (Admin) (28 November 2012)

Bonnard, R (on the application of) v The Cleveland Police Authority [2012] EWHC B24 (Admin) (16 November 2012)

Ali, R (On the Application Of) v The Secretary of State for the Home Department [2012] EWHC 3379 (Admin) (27 November 2012)

Tajik, R (on the application of) v The City of Westminster Magistrates’ Court & Ors [2012] EWHC 3347 (Admin) (27 November 2012)

Hicks, R (on the application of) v R. Court At Snaresbrook & Anor [2012] EWHC 3348 (Admin) (27 November 2012)

HS & Ors, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) & Anor [2012] EWHC 3126 (Admin) (28 November 2012)

High Court (Commercial Court)

Nakanishi Marine Co Ltd v Gora Shipping Ltd & Ors [2012] EWHC 3383 (Comm) (28 November 2012)

Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG & Ors [2012] EWHC 3289 (Comm) (21 November 2012)

Bord NA Mona Horticulture Ltd & Anor v British Polythene Industries Plc & Ors [2012] EWHC 3346 (Comm) (28 November 2012)

High Court (Technology and Construction Court)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2) [2012] EWHC 3365 (TCC) (28 November 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 28th, 2012 in law reports by sally

Supreme Court

RM v The Scottish Ministers (Scotland) [2012] UKSC 58 (28 November 2012)

Ruddy v Chief Constable, Strathclyde Police & Anor (Scotland) [2012] UKSC 57 (28 November 2012)

Court of Appeal (Criminal Division)

Bateman, R. v [2012] EWCA Crim 2158 (27 November 2012)

Abbas & Anor, R. v [2012] EWCA Crim 2517 (27 November 2012)

Hicks, R (on the application of) v R. Court At Snaresbrook & Anor [2012] EWCA Crim 2515 (27 November 2012)

Williams v R. [2012] EWCA Crim 2516 (27 November 2012)

Court of Appeal (Civil Division)

IY (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1560 (28 November 2012)

Balevents Ltd v Sartori [2012] EWCA Civ 1508 (28 November 2012)

Dream Doors Ltd v Lodge [2012] EWCA Civ 1556 (28 November 2012)

Coulson v News Group Newspapers Ltd [2012] EWCA Civ 1547 (28 November 2012)

MJP Media Services Ltd v HM Revenue and Customs [2012] EWCA Civ 1558 (28 November 2012)

JSC BTA Bank v Ablyazov (Recusal) [2012] EWCA Civ 1551 (28 November 2012)

MS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 1548 (28 November 2012)

Emerson Electric Co & Ors v Mersen UK Portslade Ltd [2012] EWCA Civ 1559 (28 November 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 28th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Samin v City of Westminster [2012] EWCA Civ 1468 (21 November 2012)

High Court (Administrative Court)

Syed, R (on the application of) v Sabahata & Ors [2012] EWHC 3370 (Admin) (27 November 2012)

Source: www.bailii.org

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another – WLR Daily

Posted November 28th, 2012 in costs, law reports, part 36 offers, privilege, without prejudice communications by sally

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another [2012] EWHC 3318 (Pat); [2012] WLR (D) 349

“A party that referred the court to a term of an offer made by it pursuant to CPR Pt 36 waived its without prejudice privilege and could not prevent the remaining terms of the offer from being referred to the court.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Certain Limited Partners in Henderson PFI Secondary Fund II LLP (a firm) v Henderson PFI Secondary Fund II LLP (a firm) and others – WLR Daily

Posted November 28th, 2012 in company law, contracts, derivative claims, law reports, partnerships by sally

Certain Limited Partners in Henderson PFI Secondary Fund II LLP (a firm) v Henderson PFI Secondary Fund II LLP (a firm) and others [2012] EWHC 3259 (Comm); [2012] WLR (D) 348

“A derivative claim brought by limited partners in a partnership, in the partnership’s name, against the partnership’s manager was permitted where there were special circumstances to justify such a claim.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk