Category: law reports

BAILII: Recent Decisions

Posted October 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387 (28 October 2014)

Chalfont St Peter Parish Council v Chiltern District Council [2014] EWCA Civ 1393 (28 October 2014)

Recall Support Services Ltd & Ors v Secretary of State for Culture, Media And Sport [2014] EWCA Civ 1370 (28 October 2014)

High Court (Administrative Court)

Cheshire East Council v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3536 (Admin) (28 October 2014)

Mensah v Salford City Council [2014] EWHC 3537 (Admin) (28 October 2014)

Samuel Smith Old Brewery (Tadcaster) v Selby District Council [2014] EWHC 3441 (Admin) (27 October 2014)

High Court (Queen’s Bench Division)

Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 3405 (QB) (21 October 2014)

Kelly v Ministry Of Justice [2014] EWHC 3440 (QB) (20 October 2014)

Hamaizia & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 3408 (QB) (21 October 2014)

Coulson & Ors v Wilby [2014] EWHC 3404 (QB) (21 October 2014)

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty & Ors [2014] EWHC 3429 (QB) (27 October 2014)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3513 (Ch) (28 October 2014)

The Co-Operative Bank Plc v Phillips [2014] EWHC 3545 (Ch) (28 October 2014)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3514 (Ch) (28 October 2014)

High Court (Family Division)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWHC 3516 (Fam) (23 October 2014)

London Borough of Croydon v S & Anor [2014] EWHC 3550 (Fam) (09 October 2014)

Quan v Bray & Ors [2014] EWHC 3340 (Fam) (27 October 2014)

Source: www.bailii.org

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 28th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1386; [2014] WLR (D) 448

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’

WLR Daily, 24th October 2014

Source: www.iclr.co.uk

Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily

Posted October 28th, 2014 in appeals, fraud, land registration, law reports, mortgages, Supreme Court by sally

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) [2014] UKSC 52; [2014] WLR (D) 447

‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

In re T (Children) (Revocation of Placement Order: Change in Circumstances) – WLR Daily

Posted October 28th, 2014 in adoption, appeals, law reports, placement orders by sally

In re T (Children) (Revocation of Placement Order: Change in Circumstances) [2014] EWCA Civ 1369; [2014] WLR (D) 445

‘A “change of circumstances” for the purposes of an application for permission to apply to revoke a placement order under section 24 of the Adoption and Children Act 2002 had to be a change which had occurred since the making of the placement order and whichwas relevant to the circumstances of the case. It would be unacceptable to exclude any change in circumstances to the children who were the subject of the orders.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others – WLR Daily

Posted October 28th, 2014 in carriage of goods, conflict of laws, EC law, law reports, treaties by sally

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others (Case C-305/13) ECLI:EU:C:2014:2320; [2014] WLR (D) 441

‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd – WLR Daily

Posted October 28th, 2014 in complaints, consumer protection, financial regulation, financial services ombudsman, jurisdiction, law reports by sally

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin); [2014] WLR (D) 438

‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’

WLR Daily, 20th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Halahan v R [2014] EWCA Crim 2079 (24 October 2014)

Court of Appeal (Civil Division)

Aster Healthcare Ltd v Shafi (The Estate of) [2014] EWCA Civ 1350 (24 October 2014)

Morris v Blackpool Borough Council & Anor [2014] EWCA Civ 1384 (24 October 2014)

Secretary of State for Communities and Local Government & Ors v Redhill Aerodrome Ltd [2014] EWCA Civ 1386 (24 October 2014)

K v The Hospital Managers of the Kingswood Centre & Anor [2014] EWCA Civ 1332 (23 October 2014)

Perry, R (On the Application Of) v London Borough of Hackney & Ors [2014] EWCA Civ 1372 (23 October 2014)

HTC Corporation v Gemalto SA [2014] EWCA Civ 1335 (22 October 2014)

Rees & Anor v Gateley Wareing (a firm) & Ors [2014] EWCA Civ 1351 (22 October 2014)

Foster & Anor v Action Aviation Ltd & Ors [2014] EWCA Civ 1368 (23 October 2014)

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373 (23 October 2014)

Standard Chartered Bank v Dorchester LNG (2) Ltd (Rev 1) [2014] EWCA Civ 1382 (22 October 2014)

G (A Child) [2014] EWCA Civ 1365 (22 October 2014)

Nzolameso v City of Westminster [2014] EWCA Civ 1383 (22 October 2014)

Source: www.bailii.org

Nzolameso v Westminster City Council – WLR Daily

Posted October 23rd, 2014 in appeals, homelessness, housing, law reports, local government by sally

Nzolameso v Westminster City Council [2014] EWCA Civ 1383; [2014] WLR (D) 437

‘For the purposes of section 208 of the Housing Act 1996, when deciding whether it was “reasonably practicable” to accommodate a particular homeless person within its own district, bearing in mind that the accommodation might be of no more than a temporary nature, a local housing authority was entitled to have regard to all the factors that had a bearing on its ability to provide accommodation to that person, including the demands made on its resources, whether of a financial or administrative nature.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

Posted October 23rd, 2014 in Court of Protection, deprivation of liberty safeguards, human rights, law reports, mental health by sally

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit – WLR Daily

Posted October 22nd, 2014 in extradition, fraud, law reports by sally

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] WLR (D) 425

‘An annex could not form part of a European arrest warrant for the purposes of section 2 of the Extradition Act 2003.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

Bizunowicz and another v District Court in Koszalin, Poland and another – WLR Daily

Posted October 22nd, 2014 in appeals, costs, extradition, law reports by sally

Bizunowicz and another v District Court in Koszalin, Poland and another [2014] EWHC 3238 (Admin); [2014] WLR (D) 430

‘Once a district judge’s decision to order a person’s extradition had been successfully appealed under Part 1 of the Extradition Act 2003, the High Court enjoyed a supervisory jurisdiction to quash or vary any costs order made against the appellant, since the basis on which the costs order had been made no longer existed. However, the High Court did not have jurisdiction to determine an appeal from a costs order made by a district judge who had ordered extradition, in circumstances where the costs order was challenged as a part of unsuccessfully pursuing an appeal against the extradition order.’

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Posted October 22nd, 2014 in coroners, firearms, homicide, human rights, inquests, judicial review, law reports, police, self-defence, verdicts by sally

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk