Category: law reports

A v A – WLR Daily

Posted October 30th, 2012 in appeals, child abduction, children, law reports, residence orders by sally

A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297

“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 30th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Dixon, R. v [2012] EWCA Crim 2163 (05 October 2012)

Ferriter, R. v [2012] EWCA Crim 2211 (03 October 2012)

Matthews, R. v [2012] EWCA Crim 2154 (27 September 2012)

Williamson, R. v [2012] EWCA Crim 2114 (02 August 2012)

Court of Appeal (Civil Division)

Whiston, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1374 (25 October 2012)

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 (25 October 2012)

Preston, R (on the application of) v The Lord President of the Council [2012] EWCA Civ 1378 (25 October 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)

Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383 (26 October 2012)

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)

ZA & Anor v NA [2012] EWCA Civ 1396 (26 October 2012)

Source: www.bailii.org

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10) – WLR Daily

Posted October 29th, 2012 in aircraft, carriage by air, compensation, delay, EC law, international law, law reports by sally

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) 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 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 26th, 2012 in law reports by sally

Supreme Court

BCL Old Co Ltd & Ors v BASF Plc & Ors [2012] UKSC 45 (24 October 2012)

Birmingham City Council v Abdulla & Ors [2012] UKSC 47 (24 October 2012)

Rubin & Anor v Eurofinance SA & Ors [2012] UKSC 46 (24 October 2012)

Court of Appeal (Civil Division)

Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383 (26 October 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)

Preston, R (on the application of) v The Lord President of the Council [2012] EWCA Civ 1378 (25 October 2012)

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 (25 October 2012)

Whiston, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1374 (25 October 2012)

F (Child) [2012] EWCA Civ 1364 (24 October 2012)

Bexhill UK Ltd v Razzaq [2012] EWCA Civ 1376 (24 October 2012)

Court of Appeal (Criminal Division)

Semaj, R v [2012] EWCA Crim 2239 (24 October 2012)

High Court (Administrative Court)

X (South Yorkshire) v Secretary of State for the Home Department & Anor [2012] EWHC 2954 (Admin) (24 October 2012)

High Court (Chancery Division)

Bank of Ireland (UK) Plc v Colliers International UK Plc [2012] EWHC 2942 (Ch) (24 October 2012)

High Court (Commercial Court)

L v R [2012] EWHC 2894 (Comm) (24 October 2012)

High Court (Queen’s Bench Division)

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

McCann & Anor v Bennett [2012] EWHC 2876 (QB) (24 October 2012)

Jones & Ors v The Secretary of State for Energy And Climate Change & Anor [2012] EWHC 2936 (QB) (23 October 2012)

High Court ( (Technology and Construction Court)

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC) (24 October 2012)

Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) (24 October 2012)

Source: www.bailii.org

Regina (Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted October 26th, 2012 in animals, environmental health, judicial review, law reports, licensing by sally

Regina (Badger Trust)  v  Secretary of State for the Environment, Food and Rural Affairs: [2012] EWCA Civ 1286;   [2012] WLR (D)  287

“Section 10(2)(a) of the Protection of Badgers Act 1992 empowered the Secretary of State for the Environment, Food and Rural Affairs to proceed with a policy involving a grant of licences, whereby farmers and landowners, in areas said to be the worst affected by bovine tuberculosis in England, would be allowed to carry out controlled culling of badgers.”

WLR Daily, 11th September 2012

Source: www.iclr.co.uk

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others – WLR Daily

Posted October 26th, 2012 in administrators, insolvency, jurisdiction, law reports, retrospectivity by sally

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others: [2012] EWHC 2942 (Ch);   [2012] WLR (D)  288

“The court had jurisdiction under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 to give permission retrospectively to institute legal proceedings against a company in administration.”

WLR daily, 24th October 2012

Source: www.iclr.co.uk

Rintisch v Eder – WLR Daily

Posted October 26th, 2012 in EC law, food, law reports, trade marks by sally

Rintisch v Eder: C-553/11;   [2012] WLR (D)  289

“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Regina (George) v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by sally

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Mohan v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in children, deportation, human rights, immigration, law reports, public interest by sally

Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291

“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Secretary of State for the Home Department v CC and another – WLR Daily

Posted October 24th, 2012 in abuse of process, control orders, law reports, stay of proceedings, terrorism, terrorism prevention & investigation measures by sally

Secretary of State for the Home Department v CC and another [2012] EWHC 2837 (Admin); [2012] WLR (D) 283

“Where it was alleged that illegal actions of state agents constituted an abuse of the process of the court, it was not necessary to prove actual knowledge of that illegality for abuse of process to be established. There might be situations where mere recklessness or even negligent conduct could justify a stay on grounds of abuse of process.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 24th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 (23 October 2012)

Gala Unity Ltd v Ariadne Road RTM Company Ltd [2012] EWCA Civ 1372 (23 October 2012)

PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371 (23 October 2012)

Spencer & Anor v Secretary of State for Defence [2012] EWCA Civ 1368 (23 October 2012)

George, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1362 (23 October 2012)

Hussain v Hussain & Anor [2012] EWCA Civ 1367 (23 October 2012)

Barkas v North Yorkshire County Council [2012] EWCA Civ 1373 (23 October 2012)

High Court (Chancery Division)

The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 2839 (Ch) (23 October 2012)

Fanfare Properties Ltd & Anor v Grafton Estate No. 2lp (Nominee One) Ltd & Ors [2012] EWHC 2918 (Ch) (22 October 2012)

High Court (Administrative Court)

Price v Cheshire East Borough Council [2012] EWHC 2927 (Admin) (11 October 2012)

High Court (Commercial Court)

ED & F Man Sugar Ltd v Unicargo Transportgesellschaft mbH [2012] EWHC 2879 (Comm) (23 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 23rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Elektromotive Group Ltd v Pan [2012] EWHC 2742 (QB) (18 October 2012)

Boyle v MGN Ltd [2012] EWHC 2700 (QB) (09 October 2012)

Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC B19 (QB) (16 October 2012)

High Court (Chancery Division)

Royal Bank Of Scotland Plc v Hicks & Ors [2012] EWHC 2699 (Ch) (22 October 2012)

Taylor v Diamond [2012] EWHC 2900 (Ch) (22 October 2012)

Baroque Investments Ltd v Heis & Ors [2012] EWHC 2886 (Ch) (22 October 2012)

High Court (Administrative Court)

Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government [2012] EWHC 2909 (Admin) (22 October 2012)

High Court (Commercial Court)

PEC Ltd v Asia Golden Rice Co Ltd [2012] EWHC 846 (Comm) (17 October 2012)

Source: www.bailii.org

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Regina v Williams (Orette) – WLR Daily

Posted October 23rd, 2012 in appeals, firearms, law reports by sally

Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279

“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk