Category: law reports

Naeem v Secretary of State for Justice – WLR Daily

Posted December 15th, 2015 in appeals, employment, equal pay, law reports, prisons, religious discrimination, remuneration by sally

Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517

‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

DM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted December 15th, 2015 in appeals, crime, deportation, human rights, immigration, law reports by sally

DM (Zimbabwe) v Secretary of State for the Home Department [2015] EWCA Civ 1288; [2015] WLR (D) 516

‘Where the Home Secretary was intending to deport a man unlawfully present in the United Kingdom who had been convicted of offences it remained the case that, despite strong pointers towards deportation, the Home Secretary might not make a deportation order if that would breach his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 11th December 2015

Source: www.iclr.co.uk

Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Tanir v Tanir – WLR Daily

Posted December 14th, 2015 in appeals, civil procedure rules, default judgments, enforcement, law reports, setting aside by sally

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Posted December 14th, 2015 in appeals, case management, civil procedure rules, detention, fees, law reports, pleadings, striking out by sally

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, change of use, enforcement, interpretation, law reports, local government, planning, time limits by sally

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another – WLR Daily

Posted December 10th, 2015 in easements, law reports by sally

Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another [2015] EWHC 3564 (Ch); [2015] WLR (D) 506

‘There was no legal impediment to a right of recreation taking effect as an easement, provided that the intention to grant an easement, as opposed to a merely personal right, was evident on the proper construction of the grant construed in the light of the material surrounding circumstances.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Posted December 9th, 2015 in accidents, appeals, costs, fees, law reports, personal injuries, pre-action conduct, road traffic, solicitors by sally

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

West End Investments (Cowell Group) Ltd v Birchlea Ltd – WLR Daily

Posted December 9th, 2015 in appeals, enfranchisement, housing, landlord & tenant, law reports, leases by sally

West End Investments (Cowell Group) Ltd v Birchlea Ltd [2015] EWHC 3381 (Ch); [2015] WLR (D) 499

‘There must be a significant deviation from the vertical plane for the exception in section 2(2) of the Leasehold Reform Act 1967 to apply.’

WLR Daily, 27th November 2015

Source: www.iclr.co.uk

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by sally

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

In re BCA Pension Plan – WLR Daily

Posted December 4th, 2015 in law reports, notification, pensions, trusts by sally

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

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another – WLR Daily

Posted December 4th, 2015 in apportionment, interpretation, landlord & tenant, law reports, leases, rent by sally

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another: [2015] UKSC 72; [2015] WLR (D) 501

‘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

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Posted November 30th, 2015 in domicile, law reports, legal aid, ministers' powers and duties, regulations, ultra vires by sally

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘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

Regina (Hysaj and others) v Secretary of State for the Home Department – WLR Daily

Posted November 30th, 2015 in citizenship, fraud, impersonation, law reports by sally

Regina (Hysaj and others) v Secretary of State for the Home Department [2015] EWCA Civ 1195; [2015] WLR (D) 482

‘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

Regina (Fox and others) v Secretary of State for Education – WLR Daily

Posted November 30th, 2015 in education, examinations, law reports, local government, statutory duty by sally

Regina (Fox and others) v Secretary of State for Education [2015] EWHC 3404 (Admin); [2015] WLR (D) 481

‘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 – WLR Daily

Posted November 30th, 2015 in abuse of process, enforcement, estoppel, law reports, loans, res judicata, stay of proceedings by sally

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 – WLR Daily

Posted November 30th, 2015 in consultations, housing, law reports, local government by sally

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