Category: law reports

Menelaou v Bank of Cyprus plc – WLR Daily

Posted November 26th, 2015 in appeals, banking, law reports, restitution, Supreme Court by sally

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 – WLR Daily

Posted November 13th, 2015 in benefits, homelessness, housing, law reports, remuneration by sally

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 – WLR Daily

Posted November 13th, 2015 in DNA, evidence, law reports, no case to answer, sexual offences by sally

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 – WLR Daily

Posted November 10th, 2015 in coroners, detention, human rights, juries, law reports, mental health by sally

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 – WLR Daily

Posted October 8th, 2015 in armed forces, human rights, judicial review, law reports, ministers' powers and duties by sally

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

Regina (SF) v Secretary of State for the Home Department – WLR Daily

Posted October 8th, 2015 in human rights, immigration, law reports, trafficking in human beings by sally

Regina (SF) v Secretary of State for the Home Department [2015] EWHC 2705 (Admin); [2015] WLR (D) 395

‘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.’

Full story

WLR Daily, 30th September 2015

Source: www.iclr.co.uk

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

Posted October 8th, 2015 in assisted reproduction, consent, documents, law reports, medical treatment, parental responsibility by sally

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Seddon v Oldham Metropolitan Borough Council – WLR Daily

Posted October 2nd, 2015 in adoption, contact orders, human rights, law reports by sally

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 – WLR Daily

Posted October 2nd, 2015 in Community designs, intellectual property, jurisdiction, law reports by sally

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 – WLR Daily

Posted October 2nd, 2015 in divorce, family courts, law reports, privacy, reporting restrictions by sally

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

The Creative Foundation v Dreamland Leisure Ltd and others – WLR Daily

Posted September 18th, 2015 in artistic works, landlord & tenant, law reports, leases, repairs by sally

The Creative Foundation v Dreamland Leisure Ltd and others; [2015] EWHC 2556 (Ch); [2015] WLR (D) 383

‘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 – WLR Daily

Posted September 16th, 2015 in appeals, codes of practice, complaints, delay, homelessness, housing, law reports, local government, standards by sally

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) – WLR Daily

Posted September 16th, 2015 in children, declaratory judgment, families, family courts, human rights, law reports, parental rights, surrogacy by sally

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

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by sally

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Posted September 8th, 2015 in appeals, employment tribunals, equality, Equality and Human Rights Commission, fees, law reports, regulations, trade unions by sally

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Regina v Bell – WLR Daily

Posted September 8th, 2015 in appeals, crime, human rights, law reports, sentencing by sally

Regina v Bell [2015] EWCA Crim 1426; [2015] WLR (D) 371

‘Where a defendant was convicted and sentenced to life imprisonment for an offence of manslaughter on grounds of diminished responsibility which had taken place 14 years earlier (and before the coming into force of the Criminal Justice Act 2003), article 7.1 of the Convention on Human Rights and Fundamental Freedoms did not prohibit the minimum term imposed from being a heavier penalty than the one that was applicable at the time the criminal offence was committed.’

WLR Daily, 27th August 2015

Source: www.iclr.co.uk

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

Posted August 27th, 2015 in appeals, law reports, limitations, notification, pensions, Supreme Court, tax avoidance, taxation by sally

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily

Posted August 27th, 2015 in human rights, income tax, law reports, notification, partnerships, ultra vires by sally

Regina (Rowe and others) v Revenue and Customs Commissioners [2015] EWHC 2293 (Admin); [2015] WLR (D) 369

‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’

WLR Daily, 31st July 2015

Source: www.iclr.co.uk

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Posted August 21st, 2015 in adoption, appeals, care orders, children, EC law, families, family courts, human rights, jurisdiction, law reports, local government, transfer of proceedings by sally

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

O’Brien v Shorrock and another – WLR Daily

Posted August 21st, 2015 in accidents, civil procedure rules, compensation, costs, damages, fees, insurance, law reports, personal injuries, practice directions, retrospectivity, solicitors by sally

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk