Category: law reports
Secretary of State for Work and Pensions v Czop and another – WLR Daily
“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (12 September 2012)
KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)
High Court (Administrative Court)
General Medical Council v Srinivas [2012] EWHC 2513 (Admin) (11 September 2012)
Source: www.bailii.org
In re Proceedings against Lopes Da Silva Jorge – WLR Daily
In re Proceedings against Lopes Da Silva Jorge: (Case C-42/11); [2012] WLR (D) 263
“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”
WLR Daily, 5th September 2012
Source: www.iclr.co.uk
BAILII: recent Decisions
High Court (Administrative Court)
Abdullah v General Medical Council [2012] EWHC 2506 (Admin) (07 September 2012)
Federal Public Prosecutor, Brussels, Belgium v Bartlett [2012] EWHC 2480 (Admin) (07 September 2012)
Matin v University College London [2012] EWHC 2474 (Admin) (05 September 2012)
High Court (Technology and Construction Court)
Brit Inns Ltd & Anor v BDW Trading Ltd (No 2) [2012] EWHC 2489 (TCC) (07 September 2012)
Source: www.bailii.org
Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali – WLR Daily
“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence – WLR Daily
“There was no duty under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms on the Secretary of State to conduct an inquiry into deaths occurring before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise because there was no common law right to an inquiry no duty arose under customary international humanitarian law.”
WLR Daily, 4th September 2012
Source: www.iclr.co.uk
Wilkinson v Fitzgerald and Churchill Insurance Company Ltd; Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening – WLR Daily
“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”
WLR daily, 24th August 2012
Source: www.iclr.co.uk
Rahman and Others v Secretary of State for the Home Department – WLR Daily
Rahman and Others v Secretary of State for the Home Department: Case C-83/11; [2012] WLR (D) 259
“Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. It was, however, incumbent upon the member states to ensure that their legislation contained criteria which enabled those persons to obtain a decision on their application for entry and residence that was founded on an extensive examination of their personal circumstances and, in the event of refusal, was justified by reasons.”
WLR Daily, 5th September 2012
Source: www.iclr.co.uk
In re Euromaster Ltd – WLR Daily
In re Euromaster Ltd: [2012] EWHC 2356 (Ch); [2012] WLR (D) 258
“If the appointment of an administrator was made in breach of the restriction in paragraph 28(2) of Schedule B1 to the Insolvency Act 1986, the appointment was irregular, but valid. In the case of an irregular (as opposed to a void) appointment of administrators the position was governed by rule 7.55 of the Insolvency Rules 1986.”
WLR Daily, 10th August 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Eli Lilly & Company v Human Genome Sciences, Inc [2012] EWCA Civ 1185 (05 September 2012)
Carey -Morgan & Anor v Sloane Stanley Estate [2012] EWCA Civ 1181 (03 September 2012)
French v Carter Lemon Camerons LLP [2012] EWCA Civ 1180 (03 September 2012)
High Court (Queen’s Bench Division)
McClaren v News Group Newspapers Ltd. [2012] EWHC 2466 (QB) (05 September 2012)
High Court (Administrative Court)
Perry v Nursing and Midwifery Council [2012] EWHC 2275 (Admin) (22 August 2012)
Nursing and Midwifery Council v Walker [2012] EWHC 2437 (Admin) (15 August 2012)
Nursing and Midwifery Council v Pikuda [2012] EWHC 2439 (Admin) (15 August 2012)
Nursing and Midwifery Council v Kirby [2012] EWHC 2436 (Admin) (15 August 2012)
Nursing and Midwifery Council v Oyenuga [2012] EWHC 2444 (Admin) (15 August 2012)
Nursing and Midwifery Council v Brown [2012] EWHC 2438 (Admin) (15 August 2012)
Matin v University College London [2012] EWHC 2474 (Admin) (05 September 2012)
High Court (Commercial Court)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Morgan, R. v [2012] EWCA Crim 1939 (24 August 2012)
High Court (Administrative Court)
TS v London Borough of Croydon [2012] EWHC 2389 (Admin) (29 August 2012)
High Court (Chancery Division)
Berezovsky v Abramovich (Summary) [2012] EWHC B15 (Ch) (31 August 2012)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
K (Children), Re [2012] EWCA Civ 1169 (30 August 2012)
Court of Appeal (Criminal Division)
Morgan, R. v [2012] EWCA Crim 1939 (24 August 2012)
Source: www.bailii.org
SerVaas Inc v Rafidain Bank – WLR Daily
SerVaas Inc v Rafidain Bank: [2012] UKSC 40; [2012] WLR (D) 257
“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”
WLR Daily, 17th August 2012
Source: www.iclr.co.uk
Regina (T) v Merton London Borough Council – WLR Daily
Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin); [2012] WLR (D) 256
“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
TS v London Borough of Croydon [2012] EWHC 2389 (Admin) (29 August 2012)
High Court (Chancery Division)
Sparkasse Hilden Ratingen Velbert v Benk & Anor [2012] EWHC 2432 (Ch) (29 August 2012)
Source: www.bailii.org
Cartwright and another v Registrar of Companies – WLR Daily
Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159; [2012] WLR (D) 255
“The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the Insolvency Act 1986 as inserted. The administrators’ term of office was in general automatically extended if a conversion notice under paragraph 83 was duly filed.”
WLR Daily, 24th August 2012
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Turner v Government of the USA [2012] EWHC 2426 (Admin) (28 August 2012)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors [2012] EWCA Civ 1166 (24 August 2012)
Cartwright & Anor v The Registrar of Companies [2012] EWCA Civ 1159 (24 August 2012)
High Court (Administrative Court)
Eaton v Natural England & Anor [2012] EWHC 2401 (Admin) (23 August 2012)
Source: www.bailii.org
Regina (Camelot UK Lotteries Ltd) v Gambling Commission (People’s Health Trust intervening) – WLR Daily
“Societies were not precluded from being ‘non-commercial’ and eligible for the grant of lottery operating licences under section 98 of the Gambling Act 2005, as being established or conducted for the purpose of ‘private gain’ within the meaning of section 19 of the 2005 Act, on account of the lottery scheme having been proposed by the company appointed to act as their external lottery manager with a view in part to its making a profit from so doing. Their having the same directors and employing the same external lottery manager did not require aggregation of the proceeds of the lotteries for the purposes of section 99 of the 2005 Act.”
WLR Daily, 22nd August 2012
Source: www.iclr.co.uk
