In re BCA Pension Plan: [2015] EWHC 3492 (Ch); [2015] WLR (D) 502
‘Where the court made an order under section 48 of the Administration of Justice Act 1985 which directly related to the level of benefits that would be payable to members of a pension scheme, members should be told of the order unless there were compelling reasons to the contrary.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
‘In a case of impersonation where a person had fraudulently made false representations about his own identity and that fraud was material to the grant of naturalisation, the grant of nationality was a nullity.’
WLR Daily, 26th November 2015
Source: www.iclr.co.uk
‘The Secretary of State had erred in leaving non-religious views out of the new GCSE subject content for religious studies, which amounted to a breach of the duty to take care that information or knowledge included in the curriculum was conveyed in a pluralistic manner.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479
‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
Regina (Bokrosova) v Lambeth London Borough Council [2015] EWHC 3386 (Admin); [2015] WLR (D) 478
‘Whilst section 105 of the Housing Act 1985 did not refer to “consultation”, it created an obligation on landlord authorities to consult on matters of housing management and its purpose was, in part, to ensure the participation of tenants in decisions which would substantially affect their homes.’
WLR Daily, 24th November 2015
Source: www.iclr.co.uk
Menelaou v Bank of Cyprus plc: [2015] UKSC 66; [2015] WLR (D) 438
‘Where a person was given a property by her parents bought with money from the sale of the family home, made possible by a bank having agreed to release its charges over the family home (securing the parents’ borrowing) to allow it to be sold, in return for receiving a lump sum payment out of the proceeds of sale to reduce the borrowing and a fresh charge over the new property to secure the remaining indebtedness, but— because the person had not been told of the fresh charge and it had been defectively executed— the new charge was void, the bank had an equitable interest in the new property to the extent of the value of the purported charge, which it could enforce by means of subrogation to an unpaid vendor’s lien.’
WLR Daily 4th November 2015
Source: www.iclr.co.uk
Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435
‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’
WLR Daily, 27th October 2015
Source: www.iclr.co.uk
Regina v FNC: [2015] EWCA Crim 1732; [2015] WLR (D) 440
‘There might be a case to answer even where the prosecution relied on DNA evidence alone.The Court of Appeal, Criminal Division, so held when allowing an appeal by the prosecution against a decision made on 5 May 2015 in the Crown Court at Blackfriars (Mr Recorder Day QC) to terminate proceedings against the defendant, FNC, on the grounds that there was no case to answer on a charge of indecent assault contrary to section 14 of the Sexual Offences Act 1956.’
WLR Daily, 4th November 2015
Source: www.iclr.co.uk
Regina (LF) v HM Senior Coroner for Inner South London [2015] EWHC 2990 (Admin); [2015] WLR (D) 442
‘A mentally incapacitated adult who died while in intensive care at a hospital was not, on the facts, in “state detention” at the time of her death for the purposes of the Coroners and Justice Act 2009, with the consequence that the coroner was entitled to hold an inquest without a jury.’
WLR Daily, 29th October 2015
Source: www.iclr.co.uk
Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392
‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’
WLR Daily, 28th September 2015
Source: www.iclr.co.uk
‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’
WLR Daily, 30th September 2015
Source: www.iclr.co.uk
Seddon v Oldham Metropolitan Borough Council; [2015] EWHC 2609 (Fam); [2015] WLR (D) 388
‘The making of an adoption order always brought to an end pre-existing rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as between a birth parent and an adopted child, since those rights arose from, and co-existed with, the parent-child relationship which was extinguished by adoption. Furthermore, section 51A of the 2002 Act, as inserted, did not create or maintain an article 8 right as between a birth parent and an adopted child, nor was section 51A(4) incompatible with the Convention. However, a public body running a post-adoption letterbox service was obliged under article 8 to respect correspondence between a birth parent and an adopted child and adopters, the obligation arising from the nature of the correspondence and not from the former parent-child relationship.’
WLR Daily, 14th September 2015
Source: www.iclr.co.uk
Tech 21 UK Ltd v Logitech Europe SA: [2015] EWHC 2614 (Ch); [2015] WLR (D) 389
‘It is not right to characterise a claim under regulation 2 of the Community Design Regulations 2005 (SI 2005/2339) as one for a declaration of non-infringement.’
WLR Daily, 15th September 2015
Source: www.iclr.co.uk
DL v SL: [2015] EWHC 2621 (Fam); [2015] WLR (D) 391
‘FPR r 27.10 incorporated a strong starting point or presumption, which should not be derogated from unless there was a compelling reason, that ancillary relief proceedings should be heard in private. The law concerning the presence of the media in such proceedings, contained in FPR r 27.11 and Practice Direction PD27B: Attendance of Media Representatives at Hearings in Family Proceedings, was to enable the press to be the eyes and ears of the public so as to ensure that the case was conducted fairly and to enable the public to be educated in an abstract and general way about the processes that were deployed, but did not extend to breaching the privacy of the parties in those proceedings that Parliament had given to them.’
WLR Daily, 27th July 2015
Source: www.iclr.co.uk
‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’
WLR Daily, 11th September 2015
Source: www.iclr.co.uk
Firoozmand v Lambeth London Borough Council: [2015] EWCA Civ 952; [2015] WLR (D) 374
‘A local authority offering accommodation to a homeless applicant who complained about its condition was not under a duty whenever such a complaint was made to carry out a hazard inspection and assessment before making its decision as to suitability of the accommodation offered.’
WLR Daily, 3rd September 2015
Source: www.iclr.co.uk
In re Z (A Child) (Foreign Surrogacy: Parental Order): [2015] EWFC 73; [2015] WLR (D) 375
‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order on the application of “two people”, it was not open to the court to make such an order on the application of one person only; nor could section 54(1) be “read down” in accordance with section 3(1) of the Human Rights Act 1998 to enable that to be done.’
WLR Daily, 7th September 2015
Source: www.iclr.co.uk
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