law reports – Page 85 – Current Awareness

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Posted February 18th, 2015 in families, immigration, interpretation, law reports, ministers' powers and duties, regulations by sally

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 13th, 2015 in law reports by sally

High Court (Chancery Division)

BAILII: Recent Decisions

Posted February 13th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Regina (Gra Acquisition Ltd) v Oxford City Council – WLR Daily

Posted February 11th, 2015 in building law, law reports, local government, planning by sally

Regina (Gra Acquisition Ltd) v Oxford City Council [2015] EWHC 76 (Admin); [2015] WLR (D) 47

‘There was no exhaustive or exclusive statutory rule to the effect that a single building and its curtilage, whatever their nature, scale or relationship to each other, could never be listed as a conservation area pursuant to section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.’

WLR Daily, 22nd January 2015

Source: www.iclr.co.uk

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily

Posted February 11th, 2015 in damages, injunctions, law reports, liquidators, winding up by sally

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] WLR (D) 53

‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’

WLR Daily, 6th February 2015

Source: www.iclr.co.uk

Regina (Campbell-Brown) v Central Criminal Court – WLR Daily

Posted February 11th, 2015 in criminal justice, detention, law reports, murder, time limits, trials by sally

Regina (Campbell-Brown) v Central Criminal Court [2015] EWHC 202 (Admin); [2015] WLR (D) 48

‘Trials involving defendants remanded in custody were not to be listed for trial after the expiry of the custody time limits without proper and rigorous judicial consideration first having been given to the statutory questions posed by section 22(3) of the Prosecution of Offences Act 1985 in relation to the extension of custody time limits.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Regina v Ali (Nazakat) – WLR Daily

Posted February 11th, 2015 in appeals, illegality, immigration, law reports, marriage, news, solicitors by sally

Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46

‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Allard and others v Chief Constable of Devon and Cornwall Constabulary – WLR Daily

Posted February 11th, 2015 in appeals, informers, law reports, police, remuneration, telecommunications, working time by sally

Allard and others v Chief Constable of Devon and Cornwall Constabulary [2015] EWCA Civ 42; [2015] WLR (D) 45

‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

Posted February 11th, 2015 in appeals, child abduction, children, civil procedure rules, custody, families, joinder, law reports, litigation friends by sally

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

Posted February 11th, 2015 in appeals, contempt of court, Court of Protection, elderly, law reports, local government, residential care by sally

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 10th, 2015 in domestic violence, duty of care, law reports, murder, negligence, police, Wales by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted February 10th, 2015 in appeals, birds, energy, environmental protection, law reports, planning, Scotland, Supreme Court by sally

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 6th, 2015 in domestic violence, duty of care, human rights, law reports, negligence, police by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by sally

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by sally

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by sally

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015

Source: www.iclr.co.uk