‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’
WLR Daily, 27th March 2015
Source: www.iclr.co.uk
Regina v Quillan and others [2015] EWCA Crim 538; [2015] WLR (D) 144
‘If it was likely that a judge would need to make a ruling on a question of law relating to a criminal trial, it would usually be better to order a preparatory hearing before the start of the trial rather than having to make such a ruling after the jury had been sworn and the trial commenced, when any appeal against such a ruling by the Crown would require an undertaking that the defendant was entitled to be acquitted if the appeal failed.’
WLR Daily, 25th March
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
‘The critical question in deciding whether property was “managed as a whole” within section 235(3)(b) of the Financial Services and Markets Act 2000 was whether a characteristic feature of the arrangements under the scheme was that the property to which those arrangements related was managed as a whole. Whether that condition was satisfied required an overall assessment and evaluation of the relevant facts.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
Society of Lloyd’s v Noel [2015] EWHC 734 (QB); [2015] WLR (D) 142
‘In considering whether “a party had persistently issued claims or made claims which are totally without merit” for the purpose of meeting the criteria for the making an extended civil restraint order in accordance with paragraph 3.1 of Practice Direction 3C supplementing CPR r 3.11, the court was entitled to have regard to all such claims and applications made by the litigant, including those made prior to the making of an earlier extended civil restraint order.’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139
‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’
WLR Daily, 24th March 2015
Source: www.iclr.co.uk
‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’
WLR Daily, 11th March 2015
Source: www.iclr.co.uk
‘An appeal by way of case stated to the High Court pursuant to section 111 of the Magistrates’ Courts Act 1980, rather than a challenge by way of judicial review, was generally the appropriate way in which to challenge a decision of a magistrates’ court dismissing an appeal under section 91E of the Sexual Offences Act 2003 against an unsuccessful review of an order requiring a sexual offender to comply with the notification requirements under the Act indefinitely.’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
Regina (Littlejohns and another) v Devon County Council [2015] EWHC 730 (Admin); [2015] WLR (D) 136
‘The transitional provisions in Schedule 3 to the Commons Act 2006 provided a brief window within which the commons register could be updated and corrected by incorporating any registrations which could have been, but were not, made under the Commons Registration Act 1965. Thereafter, any unregistered rights would be extinguished under paragraph 3 to the Schedule, repeating the legislative approach adopted in section 1(2)(b) of the 1965 Act.’
WLR Daily, 24th March 2015
Source: www.iclr.co.uk
Heron Bros Ltd v Central Bedfordshire Council [2015] EWHC 604 (TCC); [2015] WLR (D) 137
‘The term “service in accordance with rules of court” in regulation 47F(5) of the Public Contracts Regulations 2006, as amended, meant that valid service was achieved when the relevant step for service of a claim form, set out in CPR r 7.5(1), was completed within the seven-day time limit prescribed by regulation 47F(1).’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
Supreme Court, 18th March 2015
Supreme Court, 18th March 2015
Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)
Supreme Court, 11th March 2015
Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) [2015] UKSC 13 (YouTube)
Supreme Court, 11th March 2015
Supreme Court, 11th March 2015
Wyatt (Appellant) v Vince (Respondent) [2015] UKSC 14 (YouTube)
Supreme Court, 11th March 2015
Supreme Court, 4th March 2015
Supreme Court, 4th March 2015
‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127
‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’
WLR Daily, 27th February 2015
Source: www.iclr.co.uk
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