law reports – Page 166 – Current Awareness

“It was wrong in law, when determining mode of trial, for justices to directly apply Sentencing Council guidelines for a different offence to that faced by the defendant unless the sentencing guidelines were directly analogous or if there was a similar level of seriousness.”

WLR Daily, 11th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 15th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Musa & Ors v Holliday & Ors [2012] EWCA Civ 1268 (15 October 2012)

Muqtaar, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1270 (12 October 2012)

Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)

Simmons v Castle [2012] EWCA Civ 1288 (10 October 2012)

Court of Appeal (Criminal Division)

C v R. (Rev 2) [2012] EWCA Crim 2034 (09 October 2012)

High Court (Administrative Court)

Kent County Council, R (on the application of) v HM Coroner for the County of Kent (North-West District) & Ors [2012] EWHC 2768 (Admin) (15 October 2012)

SA (Iran), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2575 (Admin) (15 October 2012)

Ministry of Justice, Lithuania v Bucnys [2012] EWHC 2771 (Admin) (12 October 2012)

High Court (Chancery Division)

IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Ltd & Ors [2012] EWHC 2766 (Ch) (12 October 2012)

High Court (Family Division)

London Borough of Sutton v Gray & Ors [2012] EWHC 2604 (Fam) (12 October 2012)

London Borough of Sutton v Gray & Ors [2012] EWHC 2763 (Fam) (12 October 2012)

High Court (Queen’s Bench Division)

Harry v The General Medical Council [2012] EWHC 2762 (QB) (12 October 2012)

Patterson v Ministry of Defence [2012] EWHC 2767 (QB) (12 October 2012)

Source: www.bailii.org

Regina (Wilkinson) v HM Coroner for the Greater Manchester South District – WLR Daily

Posted October 15th, 2012 in careless driving, coroners, inquests, law reports, news, unlawful killing by sally

Regina (Wilkinson) v HM Coroner for the Greater Manchester South District: [2012] EWHC 2755 (Admin); [2012] WLR (D) 273

“Causing death by careless or inconsiderate driving contrary to section 2B of the Road Traffic Act 1988 should not be treated as ‘unlawful killing’ for the purposes of the conclusion of an inquest whatever conclusion might be reached in other contexts.”

WLR Daily, 11th October 2012

Source: www.iclr.co.uk

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Posted October 12th, 2012 in civil procedure rules, costs, law reports, part 36 offers, payment into court, split hearings by sally

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

R v Varma – WLR Daily

Posted October 12th, 2012 in conditional discharge, confiscation, Crown Court, law reports, proceeds of crime by sally

R v Varma [2012] UKSC 42; [2012] WLR (D) 270

“The Crown Court had the power and, in most cases, where the criteria in section 6 of the Proceeds of Crime Act 2002 were satisfied, the duty to make a confiscation order against a defendant following conviction for an offence in respect of which the defendant had received an absolute or a conditional discharge.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Ward v Allies and Morrison Architects [2012] EWCA Civ 1287 (10 October 2012)

High Court (Queen’s Bench Division)

Jet2.com Ltd v S C Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 2752 (QB) (11 October 2012)

A & Anor v Somerset County Council [2012] EWHC 2753 (QB) (11 October 2012)

High Court (Administrative Court)

Koumis v Secretary of State for Communities and Local Government [2012] EWHC 2686 (Admin) (05 October 2012)

Collins v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2760 (Admin) (19 September 2012)

Wilkinson, R (On the Application Of) v HM Coroner for the Greater Manchester South District (Rev 1) [2012] EWHC 2755 (Admin) (11 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 11th, 2012 in law reports by sally

Supreme Court

Varma, R. v [2012] UKSC 42 (10 October 2012)

Day & Anor v Hosebay Ltd [2012] UKSC 41 (10 October 2012)

Court of Appeal (Civil Division)

Simmons v Castle [2012] EWCA Civ 1288 (10 October 2012)

Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)

SB v A Local Authority & Ors [2012] EWCA Civ 1269 (10 October 2012)

Medimmune Ltd v Novartis Pharmaceuticals UK Ltd [2012] EWCA Civ 1234 (10 October 2012)

High Court (Queen’s Bench Division)

John v Times Newspapers Ltd. [2012] EWHC 2751 (QB) (10 October 2012)

High Court (Family Division)

KH (A child), Re [2012] EWHC B18 (Fam) (05 October 2012)

Source: www.bailii.org

Cimade v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration – WLR Daily

Posted October 11th, 2012 in asylum, EC law, immigration, law reports by sally

Cimade v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration
(Case C-179/11); [2012] WLR (D) 268

“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”

WLR Daily, 27th September 2012

Source: www.iclr.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

In re G (Children: Religious upbringing) – WLR Daily

Posted October 11th, 2012 in appeals, education, Judaism, law reports, parental rights by sally

In re G (Children: Religious upbringing) [2012] EWCA Civ 1233; [2012] WLR (D) 265

“In a case in which a marriage had irretrievably broken down, and the parents were unable to agree as to the precise religious nature of their children’s future education, care was required in looking to the welfare of the children and weighing up the relevant factors.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk