No Judgment – No Justice – Lord Neuberger
No Judgment – No Justice (PDF)
Lord Neuberger
The First Annual BAILII Lecture, 20th November 2012
Source: www.supremecourt.gov.uk
Category: law reports
Regina (Gujra) v Crown Prosecution Service – WLR Daily
Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330
“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily
Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329
“On the proper interpretation of articles 32 and 33 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
Regina (Irfan) v Secretary of State for the Home Department – WLR Daily
Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Abbey v Gilligan & Ors [2012] EWHC 3217 (QB) (20 November 2012)
Ahmed v The Inns’ Conduct Committee [2012] EWHC 3270 (QB) (19 November 2012)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 (16 November 2012)
High Court (Queen’s Bench Division)
JD v Mather [2012] EWHC 3063 (QB) (01 November 2012)
High Court (Chancery Division)
Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch) (16 November 2012)
Source: www.bailii.org
Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (No 3) – WLR Daily
“Articles 49 and 63FEU precluded legislation of a member state which applied the exemption method to nationally-sourced dividends and the imputation method to foreign-sourced dividends if it was established, first, that the tax credit to which the company receiving the dividends was entitled under the imputation method was equivalent to the amount of tax actually paid on the profits underlying the distributed dividends and, second, that the effective level of taxation of company profits in the member state concerned was generally lower than the prescribed nominal rate of tax.”
WLR Daily, 13th November 2012
Source: www.iclr.co.uk
Regina v Waya – WLR Daily
Regina v Waya: [2012] UKSC 51; [2012] WLR (D) 324
“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Waya, R. v [2012] UKSC 51 (14 November 2012)
Gujra, R (on the application of) v Crown Prosecution Service [2012] UKSC 52 (14 November 2012)
Court of Appeal (Civil Division)
Bailey & Anor v Graham (aka “Levi Roots”) & Ors [2012] EWCA Civ 1469 (16 November 2012)
Marlow Inns Ltd v HM Revenue & Customs [2012] EWCA Civ 1498 (16 November 2012)
Richards v London Borough of Bromley [2012] EWCA Civ 1476 (16 November 2012)
Dolby v Sheffield City Council [2012] EWCA Civ 1474 (15 November 2012)
Wright Hassall LLP v Morris [2012] EWCA Civ 1472 (15 November 2012)
Rahman v GMAC Commercial Finance Ltd [2012] EWCA Civ 1467 (14 November 2012)
Bieber & Ors v Teathers Ltd [2012] EWCA Civ 1466 (14 November 2012)
JE (Uganda) v Secretary of State for the Home Department [2012] EWCA Civ 1437 (14 November 2012)
B (A Child) [2012] EWCA Civ 1475 (14 November 2012)
High Court (Administrative Court)
Brown, R (on the application of) v Canal River Trust [2012] EWHC 3133 (Admin) (16 November 2012)
AC v Polish Judicial Authority [2012] EWHC 3201 (Admin) (14 November 2012)
High Court (Chancery Division)
Claimant v First Defendant & Ors [2012] EWHC 3214 (Ch) (15 November 2012)
High Court (Commercial Court)
High Court (Patents Court)
Mölnlycke Health Care AB & Anor v BSN Medical Ltd & Anor [2012] EWHC 3157 (Pat) (09 November 2012)
High Court (Queen’s Bench Division)
Maguire v North West Strategic Health Authority [2012] EWHC 3272 (QB) (16 November 2012)
Source: www.bailii.org
Swan Housing Association Ltd v Gill – WLR Daily
Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325
“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Charles Terence Estates Ltd v Cornwall Council – WLR Daily
Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439; [2012] WLR (D) 326
“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”
WLR daily, 13th November 2012
Source: www.iclr.co.uk
Hollister Inc and another v Medix Ostomy Supplies Ltd – WLR Daily
Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327
“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”
WLR Daily, 9th November 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
Yeates & Anor v Line & Anor [2012] EWHC 3085 (Ch) (12 November 2012)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Vertase FLI Ltd v Squibb Group Ltd [2012] EWHC 3194 (TCC) (13 November 2012)
Source: www.bailii.org
Yeates and another v Line and another – WLR Daily
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily
“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 (13 November 2012)
High Court (Queen’s Bench Division)
Stone & Anor v WXY (Person Or Persons Unknown) [2012] EWHC 3184 (QB) (12 November 2012)
Fox v Boulter [2012] EWHC 3183 (QB) (13 November 2012)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Source: www.bailii.org
Taitt v State of Trinidad and Tobago – WLR Daily
Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317
“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily
“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Iida v Stadt Ulm – WLR Daily
Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315
“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
Spencer v General Osteopathic Council – WLR Daily
Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin); [2012] WLR (D) 314
“The natural meaning of the language in the Osteopaths Act 1993 pointed to a threshold for the finding of ‘unacceptable professional conduct’ which there was no reason to distinguish from ‘misconduct’ in medical and dental legislation.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
