“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 [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 (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
Court of Appeal (Civil Division)
K (Children), Re [2012] EWCA Civ 1549 (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)
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)
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)
Source: www.bailii.org
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
“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: [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: [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 (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
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)
High Court (Commercial Court)
Nakanishi Marine Co Ltd v Gora Shipping Ltd & Ors [2012] EWHC 3383 (Comm) (28 November 2012)
High Court (Technology and Construction Court)
Source: www.bailii.org
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)
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
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
“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
“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
Regina v Jaddi [2012] WLR (D) 347
“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”
WLR Daily, 22nd November 2012
Source: www.iclr.co.uk
“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345
“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)
Court of Appeal (Civil Division)
Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)
Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)
High Court (Queen’s Bench Division)
Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)
High Court (Chancery Division)
TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)
Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)
High Court (Technology and Construction Court)
Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)
High Court (Patents Court)
High Court (Commercial Court)
Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)
Source: www.bailii.org
In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343
“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
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