law reports – Page 92 – Current Awareness

‘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

BAILII: Recent Decisions

Posted November 12th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Adaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462 (11 November 2014)

High Court (Chancery Division)

Lie v Mohile [2014] EWHC 3709 (Ch) (11 November 2014)

Williams v Seals & Ors [2014] EWHC 3708 (Ch) (11 November 2014)

High Court (Commercial Court)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2014] EWHC 3704 (Comm) (11 November 2014)

High Court (Family Division)

SB v MB (Costs) [2014] EWHC 3721 (Fam) (10 November 2014)

Source: www.bailii.org.

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

Posted November 11th, 2014 in children, criminal procedure, cross-examination, evidence, law reports, trials, witnesses by sally

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