BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Category: law reports
Integral Petroleum SA v SCU-Finanz AG – WLR Daily
Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97
‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Blakesley v Secretary of State for Work and Pensions – WLR Daily
Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96
‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily
‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev – WLR Daily
JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94
‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’
WLR Daily, 27th February 2015
Source: www.iclr.co.uk
Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily
‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
Regina v Akhtar (Itzaz) – WLR Daily
Regina v Akhtar (Itzaz) [2015] EWCA Crim 176; [2015] WLR (D) 91
‘Where a jury brought in a guilty verdict on one count but were unable to agree on another count, a retrial on that other count was not an abuse of process unless the two counts were true alternatives in that they were mutually exclusive alternatives.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Regina v Boardman – WLR Daily
Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92
‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another – WLR Daily
‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
R (on the application of Newhaven Port and Properties Limited) (Appellant) v East Sussex County Council and another (Respondents) – Supreme Court
Supreme Court, 25th February 2015
R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. – Supreme Court
R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube
Supreme Court, 25th February 2015
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily
‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
Regina v McDowell; Regina v Singh – WLR Daily
Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84
‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’
WLR Daily, 19th February 2015
Source: www.iclr.co.uk
JSC Bank of Moscow v Kekhman and others – WLR Daily
JSC Bank of Moscow v Kekhman and others [2015] EWHC 396 (Ch); [2015] WLR (D) 82
‘When considering whether to exercise its discretion to make a bankruptcy order on a debtor’s petition, the court was to have regard to whether the petitioner could show (1) that he had a sufficiently close connection with England and Wales; (2) that there was a reasonable possibility of benefit resulting from the making of a bankruptcy order; and (3) that one or more persons interested in the distribution of assets were persons over whom the English court could exercise jurisdiction.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
Regina v Gurpinar; Regina v Kojo-Smith and another – WLR Daily
Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80
Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
Regina (London Criminal Courts Solicitors Association and others) v Lord Chancellor; Regina (Law Society) v Lord Chancellor – WLR Daily
‘The conventional Wednesbury standard of judicial supervision applied to a decision, taken by the Lord Chancellor in the exercise of his discretion under section 2(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which involved changes to the provision of criminal legal aid services by solicitors.’
WLR Daily, 18th February 2015
Source: www.iclr.co.uk
Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily
‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily
‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.
WLR Daily, 17th February 2015
Source: www.iclr.co.uk
In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily
In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76
‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
