law reports – Page 90 – Current Awareness

L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another – WLR Daily

Posted November 18th, 2014 in appeals, defamation, law reports, limitations, time limits by sally

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another [2014] EWCA Civ 1411; [2014] WLR (D) 474

‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’

WLR Daily, 30th October 2014

Source: www.iclr.co.uk

Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Posted November 18th, 2014 in company directors, criminal records, EC law, law reports, public procurement, tenders by sally

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers – WLR Daily

Posted November 18th, 2014 in children, collective agreements, EC law, law reports, part-time work by sally

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers (Case C-476/12) ECLI:EU:C:2014:2332; [2014] WLR (D) 467

‘The principle pro rata temporis applied to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement pursuant to clause 4.2 of the Framework Agreement on part-time work.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, law reports, local government, Supreme Court by sally

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

Posted November 18th, 2014 in appeals, law reports, ministers' powers and duties, parliament, proportionality, Supreme Court, terrorism, visas by sally

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

Posted November 18th, 2014 in appeals, homelessness, housing, law reports, local government, repossession, Supreme Court by sally

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2014 in law reports by sally

The Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme (Amendment) Order 2014

Source: www.legislation.gov.uk

Regina (Kerman & Co LLP) v Legal Ombudsman – WLR Daily

Posted November 14th, 2014 in complaints, judicial review, jurisdiction, law reports, ombudsmen, solicitors by sally

Regina (Kerman & Co LLP) v Legal OmbudsmanL: [2014] EWHC 3726 (Admin); [2014] WLR (D) 481

‘The reference to a “person” against whom a complaint had been made “ceasing to exist” in section 132(2) of the Legal Services Act 2007 and rule 2.10 of the Legal Ombudsman Scheme Rules 2013 made thereunder was a reference to the cessation of the firm or legal entity and/or, if different, the “authorised person” subject to the regulatory regime. It was not to be read as a narrow reference to an individual human being ceasing to exist.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 14th, 2014 in law reports by sally

Supreme Court

Lord Carlile of Berriew QC, & Ors, R (on the application of) v Secretary of State for the Home Department [2014] UKSC 60 (12 November 2014)

Sims v Dacorum Borough Council [2014] UKSC 63 (12 November 2014)

ZH and CN, R (on the applications of) v London Boroughs of Newham & Lewisham (Rev 1) [2014] UKSC 62 (12 November 2014)

Plevin v Paragon Personal Finance Ltd [2014] UKSC 61 (12 November 2014)

Court of Appeal (Civil Division)

Tchenguiz v Director of the Serious Fraud Office & Ors [2014] EWCA Civ 1471 (13 November 2014)

Lantana Ltd v The Comptroller General of Patents, Design And Trade Marks [2014] EWCA Civ 1463 (13 November 2014)

High Court (Administrative Court)

Pool v General Medical Council [2014] EWHC 3791 (Admin) (13 November 2014)

High Court (Chancery Division)

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3765 (Ch) (13 November 2014)

Prudential Annuities Ltd & Ors, Re [2014] EWHC 4770 (Ch) (13 November 2014)

High Court (Queen’s Bench Division)

Warren & Anor v Burns [2014] EWHC 3671 (QB) (13 November 2014)

Source: www.bailii.org

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Posted November 13th, 2014 in appeals, freedom of expression, human rights, law reports, parliament, Supreme Court, visas by sally

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by sally

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 13th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Hodges v Aegis Defence Services (BVI) Ltd [2014] EWCA Civ 1449 (12 November 2014)

IPC Media Ltd v Media 10 Ltd [2014] EWCA Civ 1439 (12 November 2014)

SH (Iran) & Anor v Secretary of State for the Home Department [2014] EWCA Civ 1469 (12 November 2014)

Laughton v Shalaby [2014] EWCA Civ 1450 (12 November 2014)

Interflora Inc & Ors v Marks and Spencer Plc [2014] EWCA Civ 1448 (12 November 2014)

High Court (Administrative Court)

Sisangia, R (on the Application of) v Director of Legal Aid Casework [2014] EWHC 3706 (Admin) (12 November 2014)

High Court (Chancery Division)

Sands v Layne & Anor [2014] EWHC 3665 (Ch) (12 November 2014)

High Court (Commercial Court)

Globe Motors Portugal-Material Electrico Para A Industria Automvel LDA & Ors v TRW Lucas Varity Electric Steering Ltd [2014] EWHC 3718 (Comm) (11 November 2014)

High Court (Queen’s Bench Division)

The National Crime Agency v Perry & Ors [2014] EWHC 3759 (QB) (12 November 2014)

Source: www.bailii.org

PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily

Posted November 12th, 2014 in foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by sally

PricewaterhouseCoopers v Saad Investments Co Ltd: [2014] UKPC 35; [2014] WLR (D) 475

‘A court would not normally entertain submissions from strangers to a winding up to the effect that a winding up order should not have been made, but general rule should not be elevated into an immutable principle, applicable in every case irrespective of its facts.’

WLR Daily, 10th November 2014

Source: www.iclr.co.uk

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by sally

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk