law reports – Page 160 – Current Awareness

“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

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