Category: law reports

Reynolds v CLFIS (UK) Ltd and others – WLR Daily

Posted May 11th, 2015 in age discrimination, dismissal, law reports, reasons by sally

Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197

‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) – WLR Daily

Posted May 11th, 2015 in EC law, fees, judicial review, law reports, licensing, sex establishments by sally

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) [2015] UKSC 25; [2015] WLR (D) 193

‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Independent Parliamentary Standards Authority v Information Commissioner and another – WLR Daily

Posted May 11th, 2015 in disclosure, expenses, freedom of information, law reports, parliament by sally

Independent Parliamentary Standards Authority v Information Commissioner and another [2015] EWCA Civ 388; [2015] WLR (D) 194

‘A journalist who, under the Freedom of Information Act 2000, requested information in three invoices submitted by Members of Parliament as expenses claims was entitled to redacted copies of the documents themselves, not merely to a transcript of information contained in those documents, because the transcripts did not provide all the information which the statutory public authority was obliged to disclose to the requester.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

University and College Union v University of Stirling – WLR Daily

Posted May 11th, 2015 in consultations, dismissal, law reports, redundancy, trade unions, transfer of undertakings, universities by sally

University and College Union v University of Stirling [2015] UKSC 26; [2015] WLR (D) 188

‘An employee was dismissed as redundant for the purposes of an employer’s duty to consult about proposed collective redundancies if the reason for his dismissal was not something to do with him—such as something he was or something he had done—but was a reason relating to the employer, such as his need to effect business change in some respect.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Posted May 8th, 2015 in civil procedure rules, costs, council tax, enforcement, law reports, local government, news by sally

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Posted May 8th, 2015 in escape from custody, fugitive offenders, judicial review, law reports, parole, prisons, transfer of prisoners by sally

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 7th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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Supreme court puts archive of recordings of past cases online – The Guardian

Posted May 5th, 2015 in appeals, internet, law reports, news, Supreme Court by sally

‘The supreme court is to make recordings of past cases available online as a free video archive.’

Full story

The Guardian, 5th May 2015

Source: www.guardian.co.uk

ParkingEye Ltd v Beavis (The Consumers’ Association intervening) – WLR Daily

Posted May 1st, 2015 in law reports, news, parking, penalties, unfair contract terms by sally

ParkingEye Ltd v Beavis (The Consumers’ Association intervening: [2015] EWCA Civ 402; [2015] WLR (D) 190

‘A parking charge of £85 imposed once a motorist overstayed a permitted two-hour period of free parking was not extravagant or unconscionable in the circumstances and was enforceable at law.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) – Supreme Court

Posted April 30th, 2015 in appeals, EC law, law reports, licensed premises, local government, references to European Court, Supreme Court by sally

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) [2015] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

Posted April 30th, 2015 in appeals, consultations, employment, law reports, redundancy, Scotland, Supreme Court, trade unions, tribunals, universities by sally

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) – Supreme Court

Posted April 30th, 2015 in airlines, appeals, compensation, insolvency, law reports, pensions, Supreme Court by sally

The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) [2015] UKSC 27 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

Posted April 30th, 2015 in appeals, EC law, environmental protection, law reports, pollution, Supreme Court by sally

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2015] UKSC 28 & [2013] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) – Supreme Court

Posted April 30th, 2015 in appeals, company directors, conspiracy, ex turpi causa, fraud, insolvency, law reports, Supreme Court by sally

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) [2015] UKSC 23 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

R v GH (Respondent) – Supreme Court

Posted April 30th, 2015 in appeals, conspiracy, fraud, law reports, money laundering, proceeds of crime, Supreme Court by sally

R v GH (Respondent) [2015] UKSC 24 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 30th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

Posted April 30th, 2015 in accidents, appeals, causation, damages, ex turpi causa, law reports, negligence, personal injuries by sally

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) – WLR Daily

Posted April 30th, 2015 in appeals, company directors, ex turpi causa, fraud, insolvency, law reports, Supreme Court by sally

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) [2015] UKSC 23; [2015] WLR (D) 182

‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ conduct cannot be attributed to the company in the context of its claim for a breach of the directors’ duties. Section 213 of the Insolvency Act 1986 has extra territorial effect and can be invoked against the directors.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Regina v Bryon – WLR Daily

Posted April 30th, 2015 in appeals, burglary, crime, DNA, evidence, law reports by sally

Regina v Bryon [2015] WLR (D) 180

‘While DNA evidence taken from a moveable object was on its own insufficient for a prosecution case to go to a jury, DNA evidence combined with admissible evidence of a previous conviction for a similar offence was a sufficient basis.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk