Regina v P (J); Regina v Lubemba – WLR Daily

Regina v P (J); 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

Interflora Inc and another v Marks and Spencer plc (No 5) – WLR Daily

Posted November 11th, 2014 in advertising, appeals, burden of proof, internet, law reports, trade marks by sally

Interflora Inc and another v Marks and Spencer plc (No 5): [2014] EWCA Civ 1403; [2014] WLR (D) 473

‘On a claim for infringement of a trade mark under article 5(1)(a) of Council Directive 89/104/EEC through keyword advertising the onus of proof lay on the trade mark proprietor to establish that the advertisement complained of did not enable normally informed and reasonably attentive Internet users, or enabled them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originated from the trade mark proprietor or an undertaking economically connected to it or, on the contrary, originated from a third party.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S (Children) [2014] EWCA Civ 1447 (07 November 2014)

Oldfield, R (on the Application of) v Secretary of State for the Communities and Local Government & Ors [2014] EWCA Civ 1446 (07 November 2014)

Hussain v General Medical Council [2014] EWCA Civ 2246 (07 November 2014)

Court of Appeal (Criminal Division)

Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

High Court (Administrative Court)

Equiom (Isle of Man) Ltd & Ors v London Borough of Croydon [2014] EWHC 3660 (Admin) (10 November 2014)

Sainsbury’s Supermarkets Ltd, R (on the application of) v The Independent Reviewer of Advertising Standards Authority Adjudications [2014] EWHC 3680 (Admin) (10 November 2014)

Harkins, R (on the Application of) v The Secretary of State for the Home Department & Anor [2014] EWHC 3609 (Admin) (07 November 2014)

Joicey, R (on the Application of) v Northumberland County Council [2014] EWHC 3657 (Admin) (07 November 2014)

C1 and C2, R (on the Application of) v London Borough of Hackney [2014] EWHC 3670 (Admin) (07 November 2014)

Solar Century Holdings Ltd & Ors v Secretary of State for Energy & Climate Change [2014] EWHC 3677 (Admin) (07 November 2014)

Bibi & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3685 (Admin) (07 November 2014)

Howell v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3627 (Admin) (07 November 2014)

UK Power Networks Services (Contracting) Ltd, R (on the Application of) v The Gas and Electricity Markets Authority & Ors [2014] EWHC 3678 (Admin) (07 November 2014)

BCZ v Secretary of State for the Home Department & Ors [2014] EWHC 3585 (Admin) (07 November 2014)

Philip Morris Brands Sarl , R (on the Application of) v The Secretary of State for Health & Ors [2014] EWHC 3669 (Admin) (07 November 2014)

Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin) (07 November 2014)

High Court (Chancery Division)

Brudenell -Bruce v Moore & Ors [2014] EWHC 3679 (Ch) (07 November 2014)

High Court (Commercial Court)

Toyota Tsusho Sugar Trading Ltd v Prolat SRL [2014] EWHC 3649 (Comm) (07 November 2014)

High Court (Queen’s Bench Division)

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB) (07 November 2014)

The Lord Chancellor v Former Partnership of Taylor Willcocks Solicitors & Ors [2014] EWHC 3664 (QB) (07 November 2014)

Cornick, R. v [2014] EWHC 3623 (QB) (03 November 2014)

High Court (Technology and Construction Court)

Eurocom Ltd v Siemens Plc [2014] EWHC 3710 (TCC) (07 November 2014)

Group M UK Ltd v Cabinet Office [2014] EWHC 3659 (TCC) (05 November 2014)

Source: www.bailii.org

 

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council – WLR Daily

Posted November 7th, 2014 in agreements, judicial review, law reports, roads by sally

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council: [2014] EWCA Civ 1433; [2014] WLR (D) 465

‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by sally

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Regina (B and others) v Westminster Magistrates’ Court and others – WLR Daily

Posted November 7th, 2014 in closed material, disclosure, evidence, extradition, law reports, magistrates by sally

Regina (B and others) v Westminster Magistrates’ Court and others: [2014] UKSC 59; [2014] WLR (D) 470

‘A judge hearing extradition proceedings in the magistrates’ court had no power under the Extradition Act 2003 to hear evidence in a closed court and to make an order prohibiting the disclosure to the government of the requesting state of evidence adduced by individuals whose extradition was being sought. Extradition proceedings were not in a special category which would justify a departure from the principle of open justice.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 7th, 2014 in law reports by sally

Supreme Court

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58 (05 November 2014)

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 (05 November 2014)

VB & Ors v Westminster Magistrates [2014] UKSC 59 (05 November 2014)

Court of Appeal (Civil Division)

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 (06 November 2014)

L (Costs of Children Proceedings) [2014] EWCA Civ 1437 (05 November 2014)

Interflora Inc & Anor v Marks and Spencer Plc [2014] EWCA Civ 1403 (05 November 2014)

High Court (Administrative Court)

Grabowski v Regional Court In Wloclawek, Poland [2014] EWHC 3602 (Admin) (06 November 2014)

Khan, R (On the Application Of) v London Borough Of Sutton [2014] EWHC 3663 (Admin) (06 November 2014)

Mellat v HM Treasury [2014] EWHC 3631 (Admin) (05 November 2014)

Mosekari v The London Borough of Lewisham [2014] EWHC 3617 (Admin) (05 November 2014)

Cushnie, R (On the Application Of) v Secretary of State for Health [2014] EWHC 3626 (Admin) (05 November 2014)

High Court (Chancery Division)

Avonwick Holdings Ltd v Webinvest Ltd & Anor [2014] EWHC 3661 (Ch) (06 November 2014)

Wright v Waters & Anor [2014] EWHC 3614 (Ch) (06 November 2014)

Knighthead Master Fund Lp & Ors v The Bank of New York Mellon & Anor [2014] EWHC 3662 (Ch) (06 November 2014)

High Court (Commercial Court)

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm) (06 November 2014)

Lakatamia Shipping Co Ltd & Ors v Nobu Su & Ors [2014] EWHC 3611 (Comm) (05 November 2014)

Ipartner Pte Shipping Ltd & Ors v Panacore Resources Dmcc & Ors [2014] EWHC 3608 (Comm) (05 November 2014)

The Connaught Income Fund, Series 1 v (Capita Financial Managers Ltd & Anor [2014] EWHC 3619 (Comm) (05 November 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 6th, 2014 in law reports by sally

Supreme Court

Les Laboratoires Servier & Anor v Apotex Inc & Ors (Rev 1) [2014] UKSC 55 (29 October 2014)

Court of Appeal (Civil Division)

Jacobs v Sesame Ltd [2014] EWCA Civ 1410 (30 October 2014)

Grace & Anor v Black Horse Ltd [2014] EWCA Civ 1413 (30 October 2014)

M (A Child: Long-Term Foster Care) [2014] EWCA Civ 1406 (30 October 2014)

ZZ (Tanzania) v The Secretary of State for the Home Department [2014] EWCA Civ 1404 (29 October 2014)

High Court (Chancery Division)

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014)

High Court (Technology and Construction Court)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd & Anor [2014] EWHC 3584 (TCC) (30 October 2014)

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors [2014] EWHC 3546 (TCC) (29 October 2014)

High Court (Commercial Court)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH [2014] EWHC 3615 (Comm) (04 November 2014)

Source: www.bailii.org

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) – Supreme Court

VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) [2014] UKSC 59 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted November 5th, 2014 in law reports by sally

High Court (Administrative Court)

Fletcher & Ors v Governor of HMP Whatton & Anor [2014] EWHC 3586 (Admin) (03 November 2014)

Moussaoui v Secretary of State for the Home Department [2014] EWHC 3596 (Admin) (03 November 2014)

Eze (Ezeugo) & Anor v Health and Safety Executive [2014] EWHC 3474 (Admin) (31 October 2014)

Jasinarachchi v General Medical Council [2014] EWHC 3570 (Admin) (31 October 2014)

Thomas, R (on the Application of) v The Secretary of State for Justice [2014] EWHC 3569 (Admin) (31 October 2014)

Moore & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3592 (Admin) (31 October 2014)

CM, R (on the Application of) v Kingston-Upon-Thames County Court & Anor [2014] EWHC 3600 (Admin) (30 October 2014)

East Meon Forge and Cricket Ground Protection Association, R (on the Application of) v East Hampshire District Council & Ors [2014] EWHC 3543 (Admin) (31 October 2014)

Yam, R (on the Application of) v Central Criminal Court & Anor [2014] EWHC 3558 (Admin) (31 October 2014)

High Court (Family Division)

G (A Minor) [2014] EWHC 3541 (Fam) (24 October 2014)

Chai v Peng [2014] EWHC 3518 (Fam) (17 October 2014)

London Borough of Lambeth v JO & Ors [2014] EWHC 3597 (Fam) (31 October 2014)

Family Court Decisions (High Court Judges)

D (A Child) [2014] EWFC 39 (31 October 2014)

London Borough of Islington v R [2014] EWFC 41 (Fam) (29 October 2014)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWFC 40 (23 October 2014)

H (A Child – Breach of Convention Rights – Damages) [2014] EWFC 38 (29 October 2014)

V (Children – Identification of Perpetrator) [2014] EWFC B145 (28 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 4th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Dart & Ors v R [2014] EWCA Crim 2158 (31 October 2014)

Court of Appeal (Civil Division)

Francis & Anor v Phillips & Anor & Ors [2014] EWCA Civ 1395 (31 October 2014)[

Redrow Homes Ltd, R (on the Application of) v Knowsley Metropolitan Borough Council [2014] EWCA Civ 1433 (31 October 2014)

Platt v BRB (Residuary) Ltd [2014] EWCA Civ 1401 (31 October 2014)

Secretary of State for Communities and Local Government v Ioannou [2014] EWCA Civ 1432 (31 October 2014)

Tchenguiz v Director of the Serious Fraud Office & Ors [2014] EWCA Civ 1409 (31 October 2014)

High Court (Queen’s Bench Division)

National Crime Agency v Azam & Ors (No. 2) [2014] EWHC 3573 (QB) (30 October 2014)

Eurasian Natural Resources Corporation Ltd v Judge [2014] EWHC 3556 (QB) (31 October 2014)

Mitchell v News Group Newspapers Ltd [2014] EWHC 3590 (QB) (31 October 2014)

High Court (Chancery Division)

JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2014] EWHC 3547 (Ch) (30 October 2014)

Bacciottini & Anor v Goldsmith [2014] EWHC 3527 (Ch) (24 October 2014)

Edwards & Anor v Business Environment Ltd & Ors [2014] EWHC 3540 (Ch) (28 October 2014)

Source: www.bailii.org

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) – Supreme Court

Posted November 4th, 2014 in appeals, defences, ex turpi causa, law reports, medicines, patents, Supreme Court by sally

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) [2014] UKSC 55 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Altomart Ltd v Salford Estates (No 2) Ltd – WLR Daily

Posted October 31st, 2014 in case management, civil procedure rules, law reports, service, time limits by sally

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451

‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Regina v Kerrigan; Regina v Walker (Nicholas) – WLR Daily

Posted October 31st, 2014 in appeals, attempts, imprisonment, law reports, release on licence, robbery by sally

Regina v Kerrigan; Regina v Walker (Nicholas) [2014] WLR (D) 450

‘There was no automatic deduction for time spent in custody by a defendant who, following arrest, was recalled to prison, on revocation of licence, to continue serving a previous sentence.’

WLR Daily, 28th October 2014

Source: www.iclr.co.uk

Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 31st, 2014 in law reports by sally

Supreme Court

Moseley, R (on the application of) v London Borough of Haringey [2014] UKSC 56 (29 October 2014)

Court of Appeal (Criminal Division)

Hall & Ors, R. v [2014] EWCA Crim 2046 (07 October 2014)

Court of Appeal (Civil Division)

Vocalspruce Ltd v Revenue & Customs [2014] EWCA Civ 1302 (30 October 2014)

Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394 (30 October 2014)

Reed Elsevier UK Ltd (t/a LexisNexis) & Anor v Bewry [2014] EWCA Civ 1411 (30 October 2014)

ER, R (on the Application of) v Commissioner For Local Administration (The Local Government Ombudsman) & Anor [2014] EWCA Civ 1407 (29 October 2014)

Altomart Ltd v Salford Estates (No. 2) Ltd [2014] EWCA Civ 1408 (29 October 2014)

Badger Trust, R (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs & Anor [2014] EWCA Civ 1405 (29 October 2014)

High Court (Chancery Division)

Wearn (t/a Jonathan Wearn Productions) v HNH International Holdings Ltd [2014] EWHC 3542 (Ch) (29 October 2014)

Sirhowy Investments Ltd v Henderson & Anor [2014] EWHC 3562 (Ch) (30 October 2014)

High Court (Administrative Court)

Worcestershire County Council, R (on the application of) v Essex County Council [2014] EWHC 3557 (Admin) (29 October 2014)

Trushin v National Crime Agency [2014] EWHC 3551 (Admin) (29 October 2014)

Agardi v Penitentiary Judge of the Metropolitan Court, Budapest, Hungary [2014] EWHC 3433 (Admin) (30 October 2014)

High Court (Commercial Court)

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2014] EWHC 3561 (Comm) (30 October 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWHC 3548 (Comm) (30 October 2014)

Source: www.bailii.org