Category: law reports

In re Melodious Corpn; Pui-Kwan v Kam-Ho and others – WLR Daily

Posted April 8th, 2015 in administrators, company directors, insolvency, law reports by sally

In re Melodious Corpn; Pui-Kwan v Kam-Ho and others [2015] EWHC 621 (Ch); [2015] WLR (D) 162

‘Rule 7.55 of the Insolvency Rules 1986 had no application in circumstances where a meeting of the board of directors of the company purporting to place the company into administration out of court pursuant to paragraph 22(2) of Schedule B1 to the Insolvency Act 1986 was inquorate and accordingly the resolution to appoint an administrator was invalid.’

WLR Daily, 10th March 2015

Source: www.iclr.co.uk

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily

Posted April 8th, 2015 in appeals, bankruptcy, civil procedure rules, debts, law reports, statutory demands by sally

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) [2015] EWHC 932 (Ch); [2015] WLR (D) 164

‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, education, families, homelessness, housing, law reports, local government, statutory duty, Supreme Court by sally

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, costs, law reports, local government, statutory duty, Supreme Court by sally

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Regina v ABC and others; Regina v Sabey – WLR Daily

Posted March 31st, 2015 in appeals, conspiracy, crime, jury directions, law reports, misfeasance in public office by sally

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk

In re International Game Technology plc and another – WLR Daily

Posted March 31st, 2015 in company law, law reports, mergers, regulations by sally

In re International Game Technology plc and another [2015] EWHC 717 (Ch); [2015] WLR (D) 148

‘The court had jurisdiction under regulation 16 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) to make an order approving a cross-border merger subject to conditions and that conditionality was merely a factor for the court to take into account in exercising its discretion unless the court was satisfied that a conditional order would be futile.’

WLR Daily, 19th March 2015

Source: www.iclr.co.uk

PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted March 31st, 2015 in appeals, civil procedure rules, deportation, immigration, law reports, tribunals by sally

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘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 – WLR Daily

Posted March 31st, 2015 in appeals, conspiracy, criminal justice, criminal procedure, fraud, law reports, no case to answer by sally

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

BAILII: Recent Decisions

Posted March 30th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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Financial Conduct Authority v Capital Alternatives Ltd and others – WLR Daily

Posted March 30th, 2015 in agriculture, appeals, financial regulation, law reports by sally

Financial Conduct Authority v Capital Alternatives Ltd and others [2015] EWCA Civ 284; [2015] WLR (D) 140

‘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 – WLR Daily

Posted March 30th, 2015 in law reports, practice directions, restraint, time limits, vexatious litigants by sally

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 – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

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

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others – WLR Daily

Posted March 27th, 2015 in budgets, care homes, judicial review, law reports, news, nurses by sally

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others [2015] EWHC 601 (Admin); [2015] WLR (D) 134

‘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

Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court – WLR Daily

Posted March 27th, 2015 in appeals, case stated, judicial review, law reports, notification, sexual offences by sally

Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court [2015] EWHC 688 (Admin); [2015] WLR (D) 135

‘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 – WLR Daily

Posted March 27th, 2015 in commons, land registration, law reports, local government, prescription, time limits by sally

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 – WLR Daily

Posted March 27th, 2015 in civil procedure rules, contracts, law reports, public procurement, service, time limits by sally

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

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

Posted March 26th, 2015 in appeals, law reports, local government, regulations, rights of way, Supreme Court by sally

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

Posted March 26th, 2015 in appeals, benefits, human rights, law reports, regulations, sex discrimination, social security, Supreme Court by sally

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Posted March 25th, 2015 in appeals, birth, doctors, duty of care, health, law reports, negligence, Scotland, Supreme Court by sally

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt