Category: law reports

Phillips and another v Francis and another – WLR Daily

Posted January 11th, 2013 in landlord & tenant, law reports, service charges by sally

Phillips and another v Francis and another: [2012] EWHC 3650 (Ch); [2013] WLR (D) 7

“On the true construction of the meaning and effect of the scheme relating to service charges imposed by sections 20 and 20ZA of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act 2002, section 151 identification of one or more sets of qualifying works was not required. The emphasis in the current legislation had shifted from identifying and costing the works before they started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.”

WLR Daily 21st December 2012

Source: www.iclr.co.uk

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd – WLR Daily

Posted January 11th, 2013 in law reports, pensions, trusts by sally

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd: [2012] EWHC 3712 (Ch) ; [2013] WLR (D) 6

“For the purposes of paragraph 3(7)(c) of schedule 5 to the Coal Industry Act 1994 the requirement that the rules of a new pension scheme be ‘no less advantageous’ than the previous scheme was not the same as a requirement that the rules of the new scheme be the same as the rules of the pre-existing scheme. The omission of a pro-rating provision from draft rule 33 of the Schedule to the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 (SI 1994/2973) was not a mistake in drafting and the rule fell to be construed in accordance with its express terms.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted January 11th, 2013 in competition, EC law, jurisdiction, law reports, tribunals, unlawful means conspiracy by sally

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 10th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Nightingale, R. v [2012] EWCA Crim 2734 (29 November 2012)

High Court (Administrative Court)

AZ v Secretary of State for Communities and Local Government & Anor [2012] EWHC 3660 (Admin) (20 December 2012)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2012] EWHC 3588 (Ch) (10 December 2012)

Source: www.bailii.org

Regina v Sadighpour – WLR Daily

Posted January 8th, 2013 in appeals, burden of proof, crime, defences, immigration, law reports by sally

Regina v Sadighpour [2012] EWCA Crim 2669; [2013] WLR (D) 4

“Section 31(7) of the Immigration and Asylum Act 1999 did not reiterate a requirement to satisfy an evidential burden, initially imposed by section 31(1) on a defendant in relation to refugee status, even when the Secretary of State had refused an asylum claim, and was apt to cover a situation where there had already been due consideration of the defendant’s claim to refugee status on the merits.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted January 7th, 2013 in appeals, judicial review, law reports, registrars by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin); [2013] WLR (D) 3

“A Scientologist chapel was not a place of meeting for religious worship for the purposes of section 2 of the Places of Worship Registration Act 1855.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Hackney Empire Ltd v Aviva Insurance Ltd – WLR Daily

Posted January 7th, 2013 in appeals, contracts, damages, guarantees, law reports, surety by sally

Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716; [2013] WLR (D) 2

“The rule in Holme v Brunskill (1878) 3 QBD 495, permitting the discharge of a surety’s liability under a guarantee, only applied where the parties to the principal contract guaranteed had varied the terms of that contract without the surety’s consent.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina v Faraz – WLR Daily

Posted January 7th, 2013 in admissibility, appeals, evidence, incitement, law reports, terrorism by sally

Regina v Faraz [2012] EWCA Crim 2820; [2013] WLR (D) 1

“Where a defendant was charged with disseminating terrorist publications via a bookshop and associated website which he managed, evidence that named terrorist offenders had possessed similar material was only admissible, if at all, for the very limited purpose of demonstrating that among the readership of the bookshop and website’s publications were people who were prepared to commit terrorist acts. But if the evidence was admitted for that purpose, it was relevant only to the question whether such people were likely to regard the contents of the publication as encouragement to commit terrorist acts. It was not admissible in proof of the fact that people had been so encouraged. It was essential that the judge direct the jury as to the limitations and pitfalls of such evidence.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Posted January 7th, 2013 in appeals, champerty, copyright, data protection, disclosure, internet, law reports, pornography, privacy by sally

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Royds LLP v Pine – WLR Daily

Posted January 7th, 2013 in appeals, law reports, oral hearings, practice directions by sally

Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395

“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Geys v Société Générale, London Branch – WLR Daily

Posted January 7th, 2013 in appeals, contract of employment, dismissal, law reports by sally

Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394

“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Football Association Premier League Ltd v QC Leisure and others – WLR Daily

Posted January 7th, 2013 in copyright, EC law, interpretation, law reports, sport, telecommunications by sally

Football Association Premier League Ltd v QC Leisure and others [2012] EWCA Civ 1708; [2012] WLR (D) 392

“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Posted January 7th, 2013 in appeals, contracts, damages, defective goods, law reports, quality assurance, sale of goods, ships by sally

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening) (Case C-364/11) – WLR Daily

Posted December 21st, 2012 in asylum, EC law, law reports, refugees, United Nations by sally

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening): (Case C-364/11); [2012] WLR (D) 390

“On its proper interpretation, article 12(1)(a) 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 needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”

Source: www.iclr.co.uk

Sayers v Lord Chelwood and another – WLR Daily

Posted December 21st, 2012 in law reports, limitations, personal injuries, time limits by sally

Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389

“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Leno Merken BV v Hageldruis Beheer BV – WLR Daily

Posted December 21st, 2012 in EC law, law reports, trade marks by sally

Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388

“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily

Posted December 21st, 2012 in admissibility, evidence, grievous bodily harm, law reports, murder by sally

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750;   [2012] WLR (D)  387

“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”

WLR Daily, 18th December 2012

Source: www.iclr.co.uk

British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) – WLR Daily

Posted December 21st, 2012 in Christianity, education, judicial review, law reports, local government, school admissions by sally

British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) : [2012] EWHC 3622 (Admin);   [2012] WLR (D)  386

“The obligation on a local authority to invite proposals to establish academies under section 6A of the Education Act 2006, as amended, was triggered if a local authority thought there was a need to establish a new school in their area. It was implicit in the scheme of Part 2 of the 2006 Act that there was a distinction between the concept of a “need”, which imported a sense of compelling requirement to establish a new school under section 6A, and a more general assessment by a local authority whether it might be beneficial for a new school to be established.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 21st, 2012 in law reports by sally

Supreme Court

Societe Generale, London Branch v Geys [2012] UKSC 63 (19 December 2012)

Kinloch v Her Majesty’s Advocate (Scotland) [2012] UKSC 62 (19 December 2012)

Court of Appeal (Civil Division)

Football Association Premier League Ltd v QC Leisure & Ors [2012] EWCA Civ 1708 (20 December 2012)

Miah v Secretary of State for the Home Department [2012] EWCA Civ 1719 (20 December 2012)

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG & Ors [2012] EWCA Civ 1714 (20 December 2012)

M (Children), Re [2012] EWCA Civ 1710 (20 December 2012)

Crossland v University of Glamorgan [2012] EWCA Civ 1709 (20 December 2012)

Aviva Insurance Ltd v Hackney Empire Ltd [2012] EWCA Civ 1716 (19 December 2012)

Royds LLP v Pine [2012] EWCA Civ 1734 (19 December 2012)

Sayers v Chelwood & Anor [2012] EWCA Civ 1715 (19 December 2012)

High Court (Administrative Court)

Zurich Assurance Ltd (t/a Threadneedle Property Investments), R (on the application of) v North Lincolnshire Council & Anor [2012] EWHC 3708 (Admin) (20 December 2012)

Patel v General Medical Council [2012] EWHC 3688 (Admin) (20 December 2012)

Nastase v Office of the State Prosecutor, Trento, Italy [2012] EWHC 3671 (Admin) (20 December 2012)

ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012)

Larkfleet Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 3592 (Admin) (19 December 2012)

Tracey, R (on the application of) v Cambridge University Hospital NHS Foundation & Ors [2012] EWHC 3670 (Admin) (19 December 2012)

Tinkler v Solicitors Regulation Authority [2012] EWHC 3645 (Admin) (19 December 2012)

Jarrett & Ors v Secretary of State for Communities and Local Government & Ors [2012] EWHC 3642 (Admin) (19 December 2012)

High Court (Chancery Division)

Industry-Wide Coal Staff Superannuation Scheme Co-Ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd & Anor [2012] EWHC 3712 (Ch) (20 December 2012)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2012] EWHC 3680 (Ch) (19 December 2012)

British Sky Broadcasting Group Plc & Ors v Digital Satellite Warranty Cover Ltd & Ors [2012] EWHC 3679 (Ch) (19 December 2012)

High Court (Patents Court)

Dr Reddy’s Laboratories (UK) Ltd
& Anor v Warner-Lambert Company LLC [2012] EWHC 3715 (Pat) (20 December
2012)

High Court (Queen’s Bench Division)

City of Westminster v Addbins Ltd
& Ors [2012] EWHC 3716 (QB) (20 December 2012)

Source: www.bailii.org