Category: law reports

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by sally

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 20th, 2012 in law reports by sally

High Court (Chancery Division)

Wedgwood Museum Trust Ltd, Re [2012] EWHC 1974 (Ch) (19 July 2012)

Ludsin Overseas Ltd v Eco3 Capital Ltd & Ors [2012] EWHC 1980 (Ch) (19 July 2012)

High Court (Technology and Construction Court)

Phaestos Ltd. & Anor v Ho [2012] EWHC 1996 (TCC) (19 July 2012)

Source: www.bailii.org

SB v Independent Safeguarding Authority (Royal College of Nursing intervening) – WLR Daily

Posted July 20th, 2012 in child abuse, law reports, proportionality, tribunals, vetting by sally

SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978;  [2012] WLR (D)  215

“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 19th, 2012 in law reports by sally

Supreme Court

The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 34 (18 July 2012)

Munir & Anor, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 32 (18 July 2012)

Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012)

Court of Appeal (Civil Division)

Horn & Ors v Commercial Acceptances Ltd [2012] EWCA Civ 958 (19 July 2012)

Maidment v Attwood & Ors [2012] EWCA Civ 998 (19 July 2012)

L-B (Children) [2012] EWCA Civ 984 (18 July 2012)

Arif v Zar & Anor [2012] EWCA Civ 986 (18 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (18 July 2012)

Independent Safeguarding Authority v SB & Anor [2012] EWCA Civ 977 (18 July 2012)

Selwood v Durham County Council & Ors [2012] EWCA Civ 979 (18th July 2012)

Royal Borough of Windsor & Maidenhead v Smith [2012] EWCA Civ 997 (18 July 2012)

High Court (Administrative Court)

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor [2012] EWHC 1976 (Admin) (19 July 2012)

Hakemi & Ors v Secretary of State for the Home Department [2012] EWHC 1967 (Admin) (19 July 2012)

Secretary of State for the Home Department v AY [2012] EWHC 2054 (Admin) (19 July 2012)

Preston City Council v Oyston Angel Charity [2012] EWHC 2005 (Admin) (19 July 2012)

Bass & Anor v Solicitors Regulation Authority [2012] EWHC 2012 (Admin) (18 July 2012)

PNH (Properties) Ltd v Secretary of State for Communities and Local Government [2012] EWHC 1998 (Admin) (18 July 2012)

Hicks & Ors, R (on the application of) v Commissioner of Police for the Metropolis [2012] EWHC 1947 (Admin) (18 July 2012)

Hunt v North Somerset Council [2012] EWHC 1928 (Admin) (18 July 2012)

HM Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC 2029 (Admin) (18 July 2012)

High Court (Commercial Court)

DGM Commodities Corp v Sea Metropolitan SA [2012] EWHC 1984 (Comm) (18 July 2012)

High Court (Technology and Construction Court)

Walter Lilly & Company Ltd v MacKay & Anor [2012] EWHC 1972 (TCC) (17 July 2012)

Source: www.bailii.org

 

Shergill and others v Khaira and others – WLR daily

Posted July 19th, 2012 in appeals, law reports, succession, trusts by sally

Shergill and others v Khaira and others: [2012] EWCA Civ 983;  [2012] WLR (D)  214

“The courts will abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition.”

WLR daily, 17th July 2012

Source: www.iclr.co.uk

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same – WLR Daily

Posted July 19th, 2012 in immigration, law reports, Supreme Court by sally

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same: [2012] UKSC 32;  [2012] WLR (D)  213

“If a statement of an immigration policy was flexible and stated that an immigration rule relating to leave to enter and remain in the United Kingdom might, depending on the circumstances of each case, be relaxed if certain conditions were satisfied, the statement itself was not an immigration rule and therefore the Secretary of State was not required to lay it before Parliament in accordance with section 3(2) of the Immigration Act 1971.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

 

Regina (Health and Safety Executive) v Wolverhampton City Council – WLR daily

Posted July 19th, 2012 in compensation, law reports, local government, planning, Supreme Court by sally

Regina (Health and Safety Executive) v Wolverhampton City Council: [2012] UKSC 34;  [2012] WLR (D)  212

“A local planning authority, when considering under section 97 of the Town and Country Planning Act 1990 whether to revoke a planning permission it had previously granted, was entitled to have regard to the cost of the compensation it would have to pay to the developer out of public funds should it decide to revoke.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Regina (Modhej and another) v Secretary of State for Justice – WLR Daily

Posted July 19th, 2012 in appeals, law reports, release on licence, sentencing by sally

Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957;  [2012] WLR (D)  210

“Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed matters relating to release.”

WLR Daily, 17th July 2012

Source: www.iclr.co.uk

Regina (Alvi) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Posted July 19th, 2012 in codes of practice, employment, immigration, law reports, Supreme Court by sally

Regina (Alvi) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening):[2012] UKSC 33;  [2012] WLR (D)  211

“Any requirement which, if not satisfied, would lead to an application for leave to enter or remain in the United Kingdom being refused, was a rule ‘as to the practice to be followed’ in the administration of the Immigration Act 1971 and therefore had to be laid before Parliament in accordance with section 3(2) of the Act.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 18th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Swift v Secretary of State for Justice [2012] EWHC 2000 (QB) (18 July 2012)

Vava & Ors v Anglo American South Africa Ltd [2012] EWHC 1969 (QB) (16 July 2012)

Source: www.bailii.org

International Leisure Ltd and another v First National Trustee Co UK Ltd and others – WLR Daily

Posted July 18th, 2012 in administrators, company law, compensation, law reports, striking out by sally

International Leisure Ltd and another v First National Trustee Co UK Ltd and others: [2012] EWHC 1971 (Ch);  [2012] WLR (D)  208

“The rule against reflective loss and the extent to which a shareholder could sue for loss primarily suffered by and primarily belonging to a company did not extend to loss suffered by holders of a debenture.”

WLR Daily, 16th July 2012

Source: www.iclr.co.uk

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same – WLR Daily

Posted July 18th, 2012 in appeals, asylum, Iraq, judicial review, law reports, stay of proceedings by sally

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same: [2012] EWCA Civ 940;  [2012] WLR (D)  207

“A claimant affected by, but not party to, a country guidance determination which was under appeal to the Court of Appeal was not entitled to an automatic stay of removal pending the outcome of the appeal. It was in the court’s discretion to grant a stay, but the court should not stay removal pending the decision of the Court of Appeal unless the claimant had adduced a clear and coherent body of evidence that the findings of the tribunal were in error.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

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

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by sally

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Leach v Office of Communications – WLR Daily

Posted July 18th, 2012 in appeals, child abuse, disclosure, employment, law reports, sexual offences, unfair dismissal by sally

Leach v Office of Communications: [2012] EWCA Civ 959;  [2012] WLR (D)  205

“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Modhej & Anor, R (On the Applications) v Secretary of State for Justice [2012] EWCA Civ 957 (17 July 2012)

Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

AB, (A Child), Re [2012] EWCA Civ 978 (17 July 2012)

High Court (Chancery Division)

Red Bull GmbH v Sun Mark Ltd & Anor [2012] EWHC 1929 (Ch) (17 July 2012)

High Court (Administrative Court)

Roberts, R (on the application of) v The Commissioner of the Metropolitan Police [2012] EWHC 1977 (Admin) (17 July 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Iles v R. [2012] EWCA Crim 1610 (17 July 2012)

High Court (Queen’s Bench Division)

Crow v Johnson [2012] EWHC 1982 (QB) (16 July 2012)

High Court (Family Division)

G v G [2012] EWHC 1979 (Fam) (11 May 2012)

Source: www.bailii.org

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily

Posted July 16th, 2012 in EC law, freedom of movement, law reports, public interest, sale of goods by sally

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203

“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Compass-Datenbank GmbH v Republik Österreich – WLR Daily

Posted July 16th, 2012 in competition, EC law, law reports by sally

Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202

“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk