law reports – Page 94 – Current Awareness

‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’

WLR Daily, 19th September 2014

Source: www.iclr.co.uk

Regina (T) v Secretary of State for the Home Department – WLR Daily

Posted October 2nd, 2014 in domestic violence, immigration, law reports, regulations by sally

Regina (T) v Secretary of State for the Home Department: [2014] EWHC 2453 (Admin); [2014] WLR (D) 403

‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 2nd, 2014 in law reports by sally

High Court (Chancery Division)

Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 (Ch) (29 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 1st, 2014 in law reports by sally

Court of Appeal (Civil Division)

Day v Tiuta International Ltd & Anor [2014] EWCA Civ 1246 (30 September 2014)

Court of Appeal (Criminal Division)

Childs (Aka Greenfield), R. v [2014] EWCA Crim 1884 (30 September 2014)

High Court (Administrative Court)

Midcounties Co-Operative Ltd, R (On the Application Of) v Forest of Dean District Council [2014] EWHC 3059 (Admin) (30 September 2014)

Karia, R (On the Application Of) v Leicester City Council [2014] EWHC 3105 (Admin) (30 September 2014)

High Court (Commercial Court)

Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) (30 September 2014)

High Court (Family Division)

Abuchian v Maksoud [2014] EWHC 3104 (Fam) (19 September 2014)

Source: www.bailii.org

Bogdanic v Secretary of State for Home Department – WLR Daily

Posted September 29th, 2014 in appeals, immigration, interpretation, law reports by sally

Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401

‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 29th, 2014 in law reports by sally

High Court (Commercial Court)

Starlight Shipping Company v Allianz Marine And Aviation Versicherungs AG & Ors[2014] EWHC 3068 (Comm) (26 September 2014)

High Court (Queen’s Bench Division)

QRS v Beach & Anor [2014] EWHC 3057 (QB) (26 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 26th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Creditsights Ltd v Dhunna [2014] EWCA Civ 1238 (19 September 2014)

Sugarman & Ors v CJS Investments LLP & Ors [2014] EWCA Civ 1239 (19 September 2014)

Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240 (19 September 2014)

Court of Appeal (Criminal Division)

Guardian News And Media Ltd & Ors v Incedal [2014] EWCA Crim 1861 (24 September 2014)

Williams v R [2014] EWCA Crim 1862 (19 September 2014)

Serious Fraud Office v Papachristos & Anor [2014] EWCA Crim 1863 (19 September 2014)

High Court (Administrative Court)

Birks, R (On the Application Of) v Commissioner of Police of the Metropolis [2014] EWHC 3041 (Admin) (25 September 2014)

High Court (Chancery Division)

Chadwick v Collinson& Ors [2014] EWHC 3055 (Ch) (24 September 2014)

CF Partners (UK) Llp v Barclays Bank Plc & Anor [2014] EWHC 3049 (Ch) (24 September 2014)

High Court (Queen’s Bench Division)

Merlin Entertainments LPC & Ors v Cave [2014] EWHC 3036 (QB) (25 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847 (30 April 2014)

High Court (Technology and Construction Court)

Hurley Palmer Flatt Ltd v Barclays Bank Plc [2014] EWHC 3042 (TCC) (23 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 23rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240 (19 September 2014)

High Court (Queen’s Bench Division)

Reaney v University Hospital of North Staffordshire NHS Trust & Anor [2014] EWHC 3016 (QB) (19 September 2014)

High Court (Chancery Division)

Gorgeous Beauty Ltd v Liu & Ors [2014] EWHC 2952 (Ch) (22 September 2014)

High Court (Administrative Court)

K & Ors, R (On the Application Of) v Secretary of State for Defence & Ors [2014] EWHC 3023 (Admin) (19 September 2014)

London Criminal Courts Solicitors Association & Anor, R (On the Application Of) v The Lord Chancellor [2014] EWHC 3020 (Admin) (19 September 2014)

High Court (Patents Court)

Compactgtl Ltd vVelocys Plc & Ors [2014] EWHC 2951 (Pat) (22 September 2014)

Family Court Decisions (other Judges)

MP (Care and Placement Orders) [2014] EWFC B117 (17 September 2014)

Source: www.bailii.org

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Posted September 22nd, 2014 in agency, civil procedure rules, compensation, contracts, law reports, practice directions, service out of jurisdiction by sally

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted September 19th, 2014 in arbitration, declarations of incompatibility, human rights, judicial review, law reports, remuneration, trade unions by sally

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening); [2014] EWHC 2930 (Admin); [2014] WLR (D) 398

‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 12th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 19th, 2014 in law reports by sally

Supreme Court

Marley v. Rawlings & Anor (Rev 1) [2014] UKSC 51 (18 September 2014)

High Court (Chancery Division)

Routier & Anor v Revenue And Customs [2014] EWHC 3010 (Ch) (18 September 2014)

Source: www.bailii.org

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by sally

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 18th, 2014 in law reports by sally

High Court (Queen’s Bench Division) Decisions

Acer Investment Management Ltd & Anor v The Mansion Group Ltd [2014] EWHC 3011 (QB) (17 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 17th, 2014 in law reports by sally

High Court (Chancery Division)

Rentokil Initial 1927 Plc v Goodman Derrick Llp [2014] EWHC 2994 (Ch) (12 September 2014)

High Court (Commercial Court)

MPloy Group Ltd v Denso Manufacturing UK Ltd [2014] EWHC 2992 (Comm) (15 September 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 16th, 2014 in law reports by sally

Family Court Decisions (High Court Judges)

X (Adopted Child: Access To Court File) [2014] EWFC 33 (09 September 2014)

Family Court Decisions (other Judges)

T (A Child : fact finding) [2014] EWFC B115 (12 September 2014)

Source: www.bailii.org

In re X (Adopted Child: Access to Court File) – WLR Daily

Posted September 15th, 2014 in adoption, birth certificates, disclosure, family courts, grandparents, law reports by sally

In re X (Adopted Child: Access to Court File)[2014] EWFC 33; [2014] WLR (D) 390

‘Since FPR 2010 r 14.24 was not subject to the qualification that it applied only “in exceptional circumstances” there was nothing which required the same approach to apply in the case of an application under rule 14.24 (or its predecessors) as applied in the case of an application under section 79(4) of the Adoption and Children Act 2002 although, given the context, an application under rule 14.24 should always be approached with an appropriate degree of caution.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 15th, 2014 in law reports by sally

High Court (Administrative Court)

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014)

High Court (Commercial Court)

Unaoil Ltd v Leighton Offshore Offshore Pte Ltd [2014] EWHC 2965 (Comm) (12 September 2014)

Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm) (12 September 2014)

Source: www.bailii.org