High Court (Administrative Court)
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
“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: [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: [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: [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
“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
Supreme Court
The Rugby Football Union v Consolidated Information Services Ltd [2012] UKSC 55 (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)
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)
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 [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: [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
Court of Appeal (Criminal Division)
YDG & Anor, R. v [2012] EWCA Crim 2437 (20 November 2012)
Court of Appeal (Civil Division)
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)
High Court (Commercial Court)
Source: www.bailii.org
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 [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 (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 [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
High Court (Queen’s Bench Division)
Abbey v Gilligan & Ors [2012] EWHC 3217 (QB) (20 November 2012)
Ahmed v The Inns’ Conduct Committee [2012] EWHC 3270 (QB) (19 November 2012)
Source: www.bailii.org
Court of Appeal (Civil Division)
Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 (16 November 2012)
High Court (Queen’s Bench Division)
JD v Mather [2012] EWHC 3063 (QB) (01 November 2012)
High Court (Chancery Division)
Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch) (16 November 2012)
Source: www.bailii.org
“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: [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
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)
Dolby v Sheffield City Council [2012] EWCA Civ 1474 (15 November 2012)
Wright Hassall LLP v Morris [2012] EWCA Civ 1472 (15 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)
Brown, R (on the application of) v Canal River Trust [2012] EWHC 3133 (Admin) (16 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)
High Court (Commercial Court)
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: [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
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