law reports – Page 162 – Current Awareness

Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Hudson v Secretary of State for the Department for Work and Pensions – WLR Daily

Posted November 12th, 2012 in employment tribunals, fixed-term contracts, government departments, law reports by sally

Hudson v Secretary of State for the Department for Work and Pensions [2012] EWCA Civ 1416; [2012] WLR (D) 312

“Fixed-term contracts by which an employee worked on a government scheme regardless of when the scheme began or ended could not be included in any calculation of four years’ continuous employment which would otherwise allow a fixed-term employee to become a permanent employee.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 9th, 2012 in law reports by sally

Supreme Court

Morris v Rae (Scotland) [2012] UKSC 45 (7 November 2012)

Court of Appeal (Civil Division)

Hollister Incorporated Dansac AS v Medik Ostomy Supplies Ltd [2012] EWCA Civ 1419 (09 November 2012)

Pankhania v Chandegra [2012] EWCA Civ 1438 (09 November 2012)

Hadi v A-Z Law Solicitors [2012] EWCA Civ 1431 (09 November 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1430 (09 November 2012)

Capita Alternative Fund Services (Guernsey) Ltd & Anor v Drivers Jonas (A Firm) [2012] EWCA Civ 1417 (08 November 2012)

Thurrock Borough Council v West [2012] EWCA Civ 1435 (08 November 2012)

Nirula, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1436 (08 November 2012)

High Court (Administrative Court)

Wilmot, R (on the application of) v Secretary of State for Justice [2012] EWHC 3139 (Admin) (09 November 2012)

Long, R (on the application of) v Monmouthshire County Council & Anor [2012] EWHC 3130 (Admin) (08 November 2012)

Long, R (on the application of) v Optimisation Developments Ltd [2012] EWHC 3131 (Admin) (08 November 2012)

Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin) (08 November 2012)

Obi v Solicitors Regulation Authority [2012] EWHC 3142 (Admin) (08 November 2012)

High Court (Commercial Court)

JSC VTB Bank v Skurikhin & Anor [2012] EWHC 3116 (Comm) (08 November 2012)

Breffka & Hehnke GmbH & Co KG & Ors v Navire Shipping Co Ltd & Ors [2012] EWHC 3124 (Comm) (07 November 2012)

High Court (Queen’s Bench Division)

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2012] EWHC 3132 (QB) (09 November 2012)

Ansari v Knowles & Ors [2012] EWHC 3137 (QB) (08 November 2012)

Salkeld Investments Ltd v West One Loans Ltd [2012] EWHC 2701 (QB) (8 November 2012)

APW v WPA [2012] EWHC 3151 (QB) (08 November 2012)

Globe Motors Inc & Ors v TRW Lucasvarity Electric Steering Ltd [2012] EWHC 3134 (QB) (08 November 2012)

High Court (Technology and Construction Court)

Lidl UK GmbH v R G Carter Colchester Ltd [2012] EWHC 3138 (TCC) (08 November 2012)

Source: www.bailii.org

Winfield v Secretary of State for Communities and Local Government – WLR Daily

Posted November 9th, 2012 in advertising, enforcement notices, law reports, planning by sally

Winfield v Secretary of State for Communities and Local Government: [2012] EWCA Civ 1415; [2012] WLR (D) 311

“An applicant seeking deemed planning consent for ten years’ continual use of land for the display of advertisements would not satisfy the requisite conditions if, in the face of threatened enforcement action, he had removed and then reinstated advertisements. Such material breaks would negate continual use. Wooden posts or structures left on site on which the advertisements were placed did not constitute advertisements in themselves so as to satisfy the requisite time period for deemed consent.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

K v Bundesasylamt – WLR daily

Posted November 9th, 2012 in asylum, EC law, families, immigration, law reports by sally

K v Bundesasylamt: Case C-245/11; [2012] WLR (D) 309

“On the proper construction of article 15(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third country national), a member state which was not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of the Regulation became so responsible where there were humanitarian grounds for the application. In those circumstances, it was for the member state which had become the responsible member state to assume the obligations which went along with that responsibility and inform the member state previously responsible.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by sally

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411; [2012] WLR (D) 308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 8th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Zinga & Anor v R [2012] EWCA Crim 2357 (07 November 2012)

Harriott v R [2012] EWCA Crim 2294 (07 November 2012)

Jones & Ors v R [2012] EWCA Crim 2356 (07 November 2012)

JM & Anor, R v [2012] EWCA Crim 2293 (07 November 2012)

T v R [2012] EWCA Crim 2358 (07 November 2012)

Court of Appeal (Civil Division)

Winfield v Secretary of State for Communities & Local Government [2012] EWCA Civ 1415 (07 November 2012)

Hudson v Department for Work and Pensions [2012] EWCA Civ 1416 (07 November 2012)

Kadri, R (on the application of) v Birmingham City Council & Anor [2012] EWCA Civ 1432 (07 November 2012)

G (Children) [2012] EWCA Civ 1434 (07 November 2012)

K (Children) [2012] EWCA Civ 1433 (07 November 2012)

High Court (Queen’s Bench Division)

Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)

Stevenson & Anor v Singh & Ors [2012] EWHC 2880 (QB) (06 November 2012)

High Court (Chancery Division)

Vigeland v Ennismore Fund Management Ltd & Anor [2012] EWHC 3099 (Ch) (07 November 2012)

High Court (Administrative Court)

OA, R (on the application of) v Secretary of State for Home Department [2012] EWHC 3128 (Admin) (07 November 2012)

High Court (Family Division)

Y v Y [2012] EWHC 2063 (Fam) (27 June 2012)

P v P [2012] EWHC 1733 (Fam) (30 May 2012)

Z v A [2012] EWHC 1434 (Fam) (09 May 2012)

High Court (Commercial Court)

Saltri III Ltd v MD Mezzanine SA Sicar & Ors [2012] EWHC 3025 (Comm) (07 November 2012)

Wuhan Ocean Economic & Technical Cooperation Company Ltd & Ors v Schiffahrts-Gesellschaft “Hansa Murcia” MBH & Co KG [2012] EWHC 3104 (Comm) (06 November 2012)

Source: www.bailii.org

McRoberts v McRoberts – WLR Daily

Posted November 7th, 2012 in bankruptcy, divorce, family courts, insolvency, law reports by sally

McRoberts v McRoberts [2012] EWHC 2966 (Ch); [2012] WLR (D) 305

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 6th, 2012 in law reports by sally

Court of Appeal (Civil Division)

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1420 (06 November 2012)

Child Maintenance and Enforcement Commission (CMEC) v Gibbons [2012] EWCA Civ 1379 (30 October 2012)

High Court (Queen’s Bench Division)

Jolly v Harsco Infrastructure Services Ltd [2012] EWHC 3086 (QB) (05 November 2012)

High Court (Chancery Division)

Bamford & Ors v Harvey & Anor [2012] EWHC 2858 (Ch) (18 October 2012)

High Court (Administrative Court)

Doherty v Westminster Magistrates’ Court [2012] EWHC 2990 (Admin) (17 October 2012)

High Court (Commercial Court)

Gemini (Eclipse 2006-3) Plc & Anor v Danske Bank AS & Anor [2012] EWHC 3103 (Comm) (05 November 2012)

Source: www.bailii.org

In re MF Global UK Ltd (in special administration); Heis and others v MF Global Inc – WLR Daily

Posted November 6th, 2012 in administrators, insolvency, law reports by sally

In re MF Global UK Ltd (in special administration); Heis and others v MF Global Inc [2012] EWHC 3068 (Ch); [2012] WLR (D) 304

“The appointment of an investment bank administrator under the Investment Bank Special Administration Regulations 2011 was not analogous to the appointment of a liquidator.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 5th, 2012 in law reports by sally

High Court (Chancery Division)

Neumans LLP (a firm) v Andronikou & Ors [2012] EWHC 3088 (Ch) (02 November 2012)

Starbucks (HK) Ltd & Ors v British Sky Broadcasting Group Plc & Ors [2012] EWHC 3074 (Ch) (02 November 2012)

High Court (Administrative Court)

Duthie v The Nursing and Midwifery Council [2012] EWHC 3021 (Admin) (31 October 2012)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3091 (Admin) (02 November 2012)

Krzeminsksi v District Court In Bydgoszcz, Poland [2012] EWHC 3072 (Admin) (02 November 2012)

Drew v Regional Court Kielce Poland [2012] EWHC 3073 (Admin) (02 November 2012)

High Court (Commercial Court)

Graiseley Properties Ltd & Ors v Barclays Bank Plc [2012] EWHC 3093 (Comm) (29 October 2012)

E-Nik Ltd v Department for Communities And Local Government [2012] EWHC 3027 (Comm) (02 November 2012)

High Court (Technology and Construction Court)

Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC) (01 November 2012)

Fairstar Heavy Transport NV v Adkins & Anor [2012] EWHC 2952 (TCC) (01 November 2012)

High Court (Patents Court)

Samsung Electronics Co Ltd v (Apple Retail UK Ltd [2012] EWHC 2277 (Pat) (30 July 2012)

Source: www.bailii.org

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, law reports, taxation, tribunals, VAT by sally

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Cairns v Modi; KC v MGN Ltd – WLR Daily

Posted November 2nd, 2012 in damages, defamation, internet, law reports, proportionality, race discrimination, sex discrimination by sally

Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302

“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 2nd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Kirtland R. v [2012] EWCA Crim 2127 (10 October 2012)

Pope v R. [2012] EWCA Crim 2241 (01 November 2012)

Cooper, Re Application for for leave to appeal [2012] EWCA Crim 2240 (01 November 2012)

Court of Appeal (Civil Division)

Procter & Gamble Company & Ors v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWCA Civ 1413 (01 November 2012)

Mir Steel UK Ltd v Morris & Ors [2012] EWCA Civ 1397 (01 November 2012)

High Court (Queen’s Bench Division)

Humber Oil Terminals Trustee Ltd., R (on the application of) v Marine Management Organisation [2012] EWHC 3058 (QB) (01 November 2012)

High Court (Chancery Division)

Heis & Ors (Administrators of MF Global UK Ltd.) v MF Global Inc [2012] EWHC 3068 (Ch) (01 November 2012)

High Court (Administrative Court)

Senior -Milne v Secretary of State for Justice [2012] EWHC 3062 (Admin) (30 October 2012)

High Court (Technology and Construction Court)

Harrison & Ors v Technical Sign Company Ltd [2012] EWHC 2887 (TCC) (15 October 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 3023 (Comm) (01 November 2012)

Source: www.bailii.org

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Posted November 1st, 2012 in appeals, detention, habeas corpus, jurisdiction, law reports, rendition, Supreme Court, terrorism, treaties by sally

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”

WLR Daily, 30th October 2012

Source: www.iclr.co.uk

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another – WLR Daily

Posted November 1st, 2012 in costs, law reports, part 36 offers by sally

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another [2012] EWHC 2839 (Ch); [2012] WLR (D) 299

“Although a monetary claim was the paradigm contemplated by CPR Pt 36, Part 36 was not confined to that. Rule 36.2(2)(c) did not mandate that the claimant had to seek costs and make payment of them a condition of his offer. The substance of the claim, and which of the parties was seeking to establish liability and which to oppose it, was one of the circumstances to be considered by the court in determining whether it would be unjust to make orders for indemnity costs and interest on costs for the purposes of rule 36.14(3).”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 1st, 2012 in law reports by sally

Supreme Court

Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah [2012] UKSC 48 (31 October 2012)

Prix v Secretary of State for Work and Pensions [2012] UKSC 49 (31 October 2012)

Court of Appeal (Criminal Division)

Williams v R. [2012] EWCA Crim 2162 (18 October 2012)

Court of Appeal (Civil Division)

Cairns v Modi [2012] EWCA Civ 1382 (31 October 2012)

Totel Ltd, R (On the Application Of) v The First-Tier Tribunal (Tax Chamber) & Anor [2012] EWCA Civ 1401 (31 October 2012)

G (A Child), Re [2012] EWCA Civ 1377 (31 October 2012)

Curati v Perdoni & Anor [2012] EWCA Civ 1381 (31 October 2012)

High Court (Chancery Division)

Ross River Ltd & Anor v Waverly Commercial Ltd & Anor [2012] EWHC 3006 (Ch) (09 October 2012)

High Court (Administrative Court)

Faniyi v Solicitors Regulation Authority [2012] EWHC 2965 (Admin) (26 October 2012)

J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) (26 October 2012)

High Court (Queen’s Bench Division)

Ismail & Anor v News Group Newspapers Ltd [2012] EWHC 3056 (QB) (31 October 2012)

Ali v Bashir & Anor [2012] EWHC 3007 (QB) (30 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Crocs Europe BV v Anderson & Anor (t/a Spectrum Agencies) [2012] EWCA Civ 1400 (30 October 2012)

McCarrick v Hunter [2012] EWCA Civ 1399 (30 October 2012)

Joyce v Epsom and Ewell Borough Council [2012] EWCA Civ 1398 (30 October 2012)

High Court (Queen’s Bench Division)

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 2958 (QB) (26 October 2012)

High Court (Chancery Division)

Oraki & Anor v Dean & Dean (a firm) & Anor [2012] EWHC 2885 (Ch) (23 October 2012)

Lawie v Lawie & Ors [2012] EWHC 2940 (Ch) (26 October 2012)

Taylor v Diamond [2012] EWHC 3008 (Ch) (29 October 2012)

High Court (Administrative Court)

Toufighy & Anor, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3004 (Admin) (30 October 2012)

Ali v London Borough of Newham [2012] EWHC 2970 (Admin) (30 October 2012)

High Court (Commercial Court)

Bominflot Bunkergesellschaft fur Mineralole mbH & Co v Petroplus Marketing AG [2012] EWHC 3009 (Comm) (30 October 2012)

High Court (Technology and Construction Court)

Denness & Anor v East Hampshire District Council [2012] EWHC 2951 (TCC) (30 October 2012)

Source: www.bailii.org

Bamford v Harvey and another – WLR Daily

Posted October 30th, 2012 in derivative claims, law reports, shareholders by sally

Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298

“‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. However. where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk