law reports – Page 162 – Current Awareness

“Arrangements amounting to collective investment schemes within the meaning of section 235 of the Financial Services and Markets Act 2000, or more generally, were not inchoate or imperfect contracts that were displaced if their parties entered into a form of understanding or contract.”

WLR Daily, 8th February 2013

Source: www.iclr.co.uk

Rummun v State of Mauritius – WLR Daily

Posted February 13th, 2013 in criminal justice, delay, human rights, law reports, Privy Council, sentencing by sally

Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53

“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45 (08 February 2013)

Court of Appeal (Criminal Division)

Franklin & Ors, R. v [2013] EWCA Crim 84 (11 February 2013)

Hall v R [2013] EWCA Crim 82 (08 February 2013)

High Court (Administrative Court)

Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor [2013] EWHC 198 (Admin) (08 February 2013)

High Court (Chancery Division)

Loss Relief Group Litigation Order, Claimants Listed In v Revenue & Customs [2013] EWHC 205 (Ch) (11 February 2013)

Jeremy D. Stone Consultants Ltd & Anor v National Westminster Bank Plc & Anor [2013] EWHC 208 (Ch) (11 February 2013)

The Financial Services Authority v Asset L I Inc (t/a Asset Land Investment Inc) & Ors [2013] EWHC 178 (Ch) (08 February 2013)

Televisión Autonómica Valenciana, SA v Imagina Contenidos Audiovisuales, SL [2013] EWHC 160 (Ch) (08 February 2013)

Twentieth Century Fox Film Corp & Ors v Harris & Ors [2013] EWHC 159 (Ch) (05 February 2013)

High Court (Commercial Court)

Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd & Ors [2013] EWHC 154 (Comm) (08 February 2013)

High Court (Technology and Construction Court)

Transport for Greater Manchester v Thales Transport & Security Ltd [2013] EWHC 149 (TCC) (08 February 2013)

AMEC Group Ltd v Secretary of State for Defence [2013] EWHC 110 (TCC) (08 February 2013)

Source: www.bailii.org

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. – WLR Daily

Posted February 11th, 2013 in competition, EC law, law reports by sally

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. (Case C-68/12); [2013] WLR (D) 52

“When assessing whether an agreement between several undertakings had the object of restricting competition within the meaning of article 101FEU of the FEU treaty, the fact that an institution, adversely affected by the agreement, had allegedly been operating illegally on the relevant market was of no relevance to that assessment.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Posted February 11th, 2013 in abuse of process, HM Revenue & Customs, judicial review, jurisdiction, law reports, taxation, tribunals by sally

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily

Posted February 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by sally

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others [2013] EWHC 32 (QB); [2013] WLR (D) 49

“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien – WLR Daily

Posted February 11th, 2013 in EC law, judiciary, law reports, news, part-time work, pensions by sally

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien [2013] UKSC 6; [2013] WLR (D) 47

“A part-time fee-paid judge was a worker under European Union law and had a right not to be treated in a less favourable manner than comparable full-time workers. The denial of retirement pensions to part-judges when full-time judges were granted pensions was less favourable treatment for which there was no objective justification. Accordingly, on the basic principle of remunerating part-time workers pro rata temporis, a recorder was entitled to a pension on terms equivalent to those applicable to a circuit judge.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another – WLR Daily

Posted February 11th, 2013 in administrators, compensation, insolvency, law reports, news, pleadings by sally

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another [2013] EWHC 93 (Ch); [2013] WLR (D) 46

“Points of claim in insolvency proceedings should concisely set out every fact necessary to establish the legal basis for the relief sought but with a degree of particularity to enable those responding to understand the nature of the case.”

WLR Daily, 1st February 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 8th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Tayeh v Barchester Healthcare Ltd [2013] EWCA Civ 29 (06 February 2013)

Situ Ventures Ltd v Bonham -Carter & Anor [2013] EWCA Civ 47 (07 February 2013)

The Manchester Ship Canal Company Ltd & Anor v United Utilities Water Plc [2013] EWCA Civ 40 (7 February 2013)

A (A Child), Re [2013] EWCA Civ 43 (06 February 2013)

The Children’s Rights Alliance for England, R (on the application of) v The Secretary of State for Justice [2013] EWCA Civ 34 (06 February 2013)

Knox D’arcy Operations Ltd & Anor v Manches LLP [2013] EWCA Civ 33 (07 February 2013)

Kudos Catering (UK) Ltd v Manchester Central Convention Complex Ltd [2013] EWCA Civ 38 (07 February 2013)

High Court (Queen’s Bench Division)

Santander UK Plc v Harrison & Anor [2013] EWHC 199 (QB) (07 February 2013)

Duke v The University of Salford [2013] EWHC 196 (QB) (06 February 2013)

Barons Finance Ltd & Anor v Makanju [2013] EWHC 153 (QB) (06 February 2013)

High Court (Chancery Division)

Andre & Anor v Clydesdale Bank Plc [2013] EWHC 169 (Ch) (01 February 2013)

High Court (Administrative Court)

Tracey, R (on the application of) v Cambridge University Hospital NHS Foundation Trust & Ors [2013] EWHC 197 (Admin) (7 February 2013)

High Court (Family Division)

VK v JV [2012] EWHC 4033 (Fam) (26 November 2012)

High Court (Commercial Court)

Emailgen Systems Corp v Exclaimer Ltd & Anor [2013] EWHC 167 (Comm) (07 February 2013)

High Court (Patents Court)

Dupont Nutrition Biosciences ApS v Novozymes A/S [2013] EWHC 155 (Pat) (07 February 2013)

Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat) (07 February 2013)

Source: www.bailii.org

Regina (Gallastegui) v Westminster City Council and others – WLR Daily

Posted February 7th, 2013 in appeals, demonstrations, freedom of expression, human rights, law reports, local government by sally

Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45

“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk