Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (No 3) – WLR Daily

Posted November 16th, 2012 in law reports by sally

Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (No 3): (Case C-35/11);   [2012] WLR (D)  323

“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

Posted November 16th, 2012 in confiscation, fraud, human rights, law reports, mortgages, proceeds of crime by sally

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

Posted November 16th, 2012 in law reports by sally

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)

Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1473 (15 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)

Irfan, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1471 (14 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)

Moore v Secretary of State for Communities and Local Government & Anor [2012] EWHC 3192 (Admin) (16 November 2012)

Brown, R (on the application of) v Canal River Trust [2012] EWHC 3133 (Admin) (16 November 2012)

AB, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3215 (Admin) (15 November 2012)

Serrano, R (on the application of) v Secretary of State for Justice & Anor [2012] EWHC 3216 (Admin) (15 November 2012)

Rawlinson and Hunter Trustees SA & Ors, R (on the application of) v Central Criminal Court & Anor [2012] EWHC 3218 (Admin) (15 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)

Wah (Aka Alan Tang) & Anor v Grant Thornton International Ltd & Ors [2012] EWHC 3198 (Ch) (14 November 2012)

High Court (Commercial Court)

Certain Limited Partners in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LP & Ors [2012] EWHC 3259 (Comm) (16 November 2012)

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

Posted November 16th, 2012 in fiduciary duty, homelessness, housing, law reports, local government by sally

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

Posted November 16th, 2012 in costs, law reports, patents, proportionality by sally

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

Posted November 14th, 2012 in law reports by sally

High Court (Chancery Division)

Yeates & Anor v Line & Anor [2012] EWHC 3085 (Ch) (12 November 2012)

High Court (Administrative Court)

L, R (on the application of) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin) (13 November 2012)

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

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“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

Posted November 13th, 2012 in law reports by sally

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)

Southern Landlords Association, R (on the application of) v Thanet District Council [2012] EWHC 3187 (Admin) (13 November 2012)

High Court (Technology and Construction Court)

Rivercove Trustee Ltd v Van Winkelen (t/a Euro Rubber Lines) [2012] EWHC 2593 (TCC) (05 November 2012)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC) (08 November 2012)

Source: www.bailii.org

Taitt v State of Trinidad and Tobago – WLR Daily

Posted November 13th, 2012 in appeals, crime, law reports, learning difficulties, Privy Council by sally

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

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“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

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

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

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

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