law reports – Page 162 – Current Awareness

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

Posted November 26th, 2012 in advertising, appeals, data protection, disclosure, internet, law reports, privacy, proportionality, public interest, sport by sally

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo – WLR Daily

Posted November 26th, 2012 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo (Case C-116/11); [2012] WLR (D) 340

“On the proper interpretation of Council Regulation (EC) No 1346/2000, it was for the national law of the member state in which insolvency proceedings had been opened to determine at which moment the closure of those proceedings occurred. Where proceedings had a protective purpose, it was permissible to open secondary insolvency proceedings in the member state in which the debtor had an establishment. The court before which an application to have secondary insolvency proceedings opened had been made, could not examine the insolvency of a debtor against which main proceedings had been opened in another member state, even where the latter proceedings had a protective purpose.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted November 26th, 2012 in contribution, EC law, law reports, pensions, sex discrimination by sally

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-385/11); [2012] WLR (D) 339

“Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security precluded legislation of a member state which required a proportionally greater contribution period from part-time workers, the vast majority of whom were women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 23rd, 2012 in law reports by sally

High Court (Administrative Court)

Wiltshire Police, R (on the application of) v The Police Appeals Tribunal & Anor [2012] EWHC 3288 (Admin) (23 November 2012)

High Court (Chancery Division)

Arrowgame Ltd v Maxwell Brent Wildsmith & Ors [2012] EWHC 3315 (Ch) (22 November 2012)

High Court (Commercial Court)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

High Court (Queen’s Bench Division)

London Borough of Richmond Upon Thames v Kubicek [2012] EWCA 3292 (QB) (23 November 2012)

Source: www.bailii.org

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by sally

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499; [2012] WLR (D) 334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Various Claimants v Catholic Child Welfare Society and others – WLR Daily

Posted November 23rd, 2012 in child abuse, education, employment, law reports, vicarious liability by sally

Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56; [2012] WLR (D) 335

“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by sally

Samin v Westminster City Council: [2012] EWCA Civ 1468; [2012] WLR (D) 336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Shagroon v Sharbatly – WLR Daily

Posted November 23rd, 2012 in divorce, financial provision, foreign jurisdictions, jurisdiction, law reports, polygamy by sally

Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by sally

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435; [2012] WLR (D) 338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 22nd, 2012 in law reports by sally

Supreme Court

Local Government Byelaws (Wales) Bill 2012 – Reference by the Attorney General for England and Wales [2012] UKSC 53 (21 November 2012)

The Rugby Football Union v Consolidated Information Services Ltd [2012] UKSC 55 (21 November 2012)

The Catholic Child Welfare Society & Ors v Various Claimants & The Institute of the Brothers of the Christian Schools & Ors [2012] UKSC 56 (21 November 2012)

Al- Sirri v Secretary of State for the Home Department [2012] UKSC 54 (21 November 2012)

Court of Appeal (Civil Division)

Slater v Condappa [2012] EWCA Civ 1506 (22 November 2012)

Favor Easy Management Ltd & Anor v Wu & Anor [2012] EWCA Civ 1464 (21 November 2012)

Johnson v Ministry of Defence & Anor [2012] EWCA Civ 1505 (21st November 2012)

Sharbatly v Shagroon [2012] EWCA Civ 1507 (21 November 2012)

Campbell v Daejan Properties Ltd [2012] EWCA Civ 1503 (20 November 2012)

Court of Appeal (Criminal Division)

Press Association, R (on the application of) v Cambridge Crown Court [2012] EWCA Crim 2434 (21 November 2012)

Gilbert, R v [2012] EWCA Crim 2392 (21 November 2012)

Oakes & Ors v R [2012] EWCA Crim 2435 (21 November 2012)

High Court (Administrative Court)

EU Plants Ltd v Wokingham Borough Council [2012] EWHC 3305 (Admin) (22 November 2012)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 3281 (Admin) (21 November 2012)

High Court (Commercial Court)

The Royal Bank of Scotland Plc v FAL Oil Company Ltd& Ors [2012] EWHC 3628 (Comm) (20 November 2012)

High Court (Technology and Construction Court)

Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2012] EWHC 3293 (TCC) (15 November 2012)

Source: www.bailii.org

Pomiechowski v District Court in Legnica, 59-220 Poland – WLR Daily

Posted November 22nd, 2012 in appeals, extradition, law reports, warrants by sally

Pomiechowski v District Court in Legnica, 59-220 Poland [2012] EWHC 3161 (Admin); [2012] WLR (D) 331

“It was acceptable for a European arrest warrant to contain particulars of both convictions and accused offences.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Regina v YDG; Regina v ZSB – WLR Daily

Posted November 22nd, 2012 in abuse of process, appeals, criminal procedure, law reports, proceeds of crime by sally

Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437; [2012] WLR (D) 332

“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”

WLR, 20th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 21st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

YDG & Anor, R. v [2012] EWCA Crim 2437 (20 November 2012)

Court of Appeal (Civil Division)

Churchill Insurance Company Ltd v Fitzgerald & Wilkinson (Rev 1) [2012] EWCA Civ 1465 (15 November 2012)

C (A child), Re [2012] EWCA Civ 1477 (16 November 2012)

Clearwell International Ltd v MSL Group Holdings Ltd & Ors [2012] EWCA Civ 1440 (16 November 2012)

High Court (Queen’s Bench Division)

Harrogate Borough Council v Crossland & Anor [2012] EWHC 3260 (QB) (20 November 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 3278 (QB) (20 November 2012)

MXB v East Sussex Hospitals NHS Trust [2012] EWHC 3279 (QB) (20 November 2012)

High Court (Chancery Division)

Howard v Howard – Lawson [2012] EWHC 3258 (Ch) (20 November 2012)

High Court (Administrative Court)

Awuku, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3298 (Admin) (16 November 2012)

High Court (Commercial Court)

Bankhaus Wolbern & Co (AG & Co KG) & Anor v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm) (19 November 2012)

Source: www.bailii.org

No Judgment – No Justice – Lord Neuberger

Posted November 21st, 2012 in internet, judgments, law reports, news by sally

No Judgment – No Justice (PDF)

Lord Neuberger

The First Annual BAILII Lecture, 20th November 2012

Source: www.supremecourt.gov.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Posted November 21st, 2012 in appeals, assault, Crown Prosecution Service, evidence, law reports, private prosecutions, Supreme Court, threatening behaviour by sally

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

Posted November 21st, 2012 in compensation, EC law, enforcement, insurance, jurisdiction, law reports, transport by sally

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

Posted November 21st, 2012 in human rights, law reports, news, notification, proportionality, release on licence, sentencing, terrorism by sally

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