‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’
Family Law Week, 11th June 2015
Source: www.familylawweek.co.uk
Court of Appeal (Criminal Division)
King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245
‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’
WLR Daily, 9th June 2015
Source: www.iclr.co.uk
Southward Housing Co-operative Ltd v Walker and others [2015] EWHC 1615 (Ch); [2015] WLR (D) 246
‘The rule that it was beyond the power of the landlord and the tenant to create a term which was uncertain did not depend for its application on the parties’ intentions; but might be disapplied where those intentions and fundamental aspects of their agreement would be confounded by it.’
WLR Daily, 8th June 2015
Source: www.iclr.co.uk
In re Hartmann Capital Ltd (in special administration); [2015] EWHC 1514 (Ch); [2015] WLR (D) 241
‘As a matter of construction of article 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provisions) Order 2013, which spoke in specific terms of an administrator “appointed pursuant to the provisions of Part II of the [Insolvency] 1986 Act” and a company which had “entered into administration under Part II of the 1986 Act”, administrators appointed pursuant to the Investment Bank Special Administration Regulations 2011 (SI 2011/245) were denied the funding possibilities available to other administrators.’
WLR Daily, 13th May 2015
Source: www.iclr.co.uk
BESTrustees plc v Corbett: [2014] EWHC 3038 (Ch); [2015] WLR (D) 242
‘The trustee or manager of a qualifying occupational pension scheme was entitled to assign a debt arising pursuant to section 75 of the Pensions Act 1995.’
WLR DAily, 16th October 2014
Source: www.iclr.co.uk
Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238
‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’
WLR Daily, 3rd June 2015
Source: www.iclr.co.uk
In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237
‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232
‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’
WLR Daily, 13th May 2015
Source: www.iclr.co.uk
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225
‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221
‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’
WLR Daily 21st May 2015
Source: www.iclr.co.uk
Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219
‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’
WLR Daily, 19th May 2015
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Hartley and others v King Edward VI College [2015] EWCA Civ 455; [2015] WLR (D) 216
‘Section 2 of the Apportionment Act 1870 applied to teachers’ contracts of employment, requiring that apportionment of pay be considered as accruing from day to day; but it was an error to construe the provision as though it also contained a principle of equal daily accrual.’
WLR Daily, 14th May 2015
Source: www.iclr.co.uk
‘The Court of Appeal made rulings following determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th May 2015
Source: www.iclr.co.uk
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