Category: law reports

Regina v Jaddi – WLR Daily

Posted November 28th, 2012 in appeals, asylum, fraud, law reports, possession of false identity documents by sally

Regina v Jaddi [2012] WLR (D) 347

“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Crown Prosecution Service v Eastenders Cash and Carry plc and others – WLR Daily

Posted November 27th, 2012 in appeals, crime, Crown Prosecution Service, law reports, proceeds of crime, receivers, remuneration, restraint orders by sally

Crown Prosecution Service v Eastenders Cash and Carry plc and others [2012] EWCA Crim 2436; [2012] WLR (D) 346

“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Appleyard v Wewelwala – WLR Daily

Posted November 27th, 2012 in bankruptcy, jurisdiction, law reports, remuneration, trustees in bankruptcy by sally

Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345

“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another – WLR Daily

Posted November 27th, 2012 in jurisdiction, law reports, Privy Council by sally

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another [2012] UKPC 39; [2012] WLR (D) 344

“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 27th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)

Court of Appeal (Civil Division)

Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)

High Court (Queen’s Bench Division)

Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)

High Court (Chancery Division)

TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)

Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)

High Court (Technology and Construction Court)

Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2012] EWHC 3318 (Pat) (23 November 2012)

High Court (Commercial Court)

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

Source: www.bailii.org

In re Press Association – WLR Daily

Posted November 26th, 2012 in anonymity, appeals, contempt of court, disclosure, jurisdiction, law reports, media, privacy, public interest, rape by sally

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

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