Jackson (Appellant) v Murray and another (Respondents) (Scotland) – Supreme Court
Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)
Supreme Court, 18th February 2015
Category: law reports
Eclipse Film Partners No 35 LPP v Revenue and Customs Commissioners – WLR Daily
‘On the proper meaning and application of “trade” in sections 5 and 863(1) of the Income Tax (Trading and Other Income) Act 2005 and section 362 (1)(b) of the Income and Corporation Taxes Act 1988 the taxpayer carried on the business of exploiting films not amounting to a trade. Accordingly, the taxpayer’s members were not entitled to tax relief in respect of interest on their borrowings.’
WLR Daily, 17th February 2015
Source: www.iclr.co.uk
Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily
‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
Zenati v Commissioner of Police of the Metropolis and another – WLR Daily
Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74
‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’
WLR Daily, 11th February 2015
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Court of Appeal (Civil Division)
- Eclipse Film Partners No 35 LLP v HM Revenue and Customs [2015] EWCA Civ 95 (17 February 2015)
- MX v Dartford & Gravesham NHS Trust & Ors [2015] EWCA Civ 96 (17 February 2015)
- AP (India) v The Secretary of State for the Home Department [2015] EWCA Civ 89 (13 February 2015)
- Newbigin (Valuation Officer) v S J & J Monk (a firm) [2015] EWCA Civ 78 (13 February 2015)
- Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75 (13 February 2015)
Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily
Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69
‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’
WLR Daily, 12th February 2015
Source: www.iclr.co.uk
R (James) v HM Prison Birmingham and others – WLR Daily
R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59
‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
In re Law Society – WLR Daily
In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60
‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd – WLR Daily
‘Where a court was considering whether a commercial practice amounted to a misleading omission by the omission of material information for the purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008, the court had to consider, particularly where the information omitted concerned alternative products, whether the average consumer could be said to have needed to obtain that information from the trader rather than from elsewhere.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily
In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64
‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily
Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65
‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’
WLR Daily, 12th February 2015
Source: www.iclr.co.uk
Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily
‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’
WLR Daily, 12th February
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
- Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd [2015] EWHC 256 (Ch) (12 February 2015)
- Garnham v Millar & Ors [2015] EWHC 274 (Ch) (11 February 2015)
- The Law Society (Solicitors Regulation Authority) [2015] EWHC 166 (Ch) (09 February 2015)
- Abbey Forwarding Ltd (In Liquidation) v HM Revenue & Customs [2015] EWHC 225 (Ch) (06 February 2015)
- G-Star Raw Cv v Rhodi Ltd & Ors [2015] EWHC 216 (Ch) (06 February 2015)
- Lie v Mohile [2015] EWHC 200 (Ch) (05 February 2015)
- Gore & Anor v Mishcon de Reya [2015] EWHC 164 (Ch) (30 January 2015)
- Brazier v News Group Newspapers Ltd [2015] EWHC 125 (Ch) (27 January 2015)
- Northsea Base Investment Ltd & Ors Re: The Insolvency Act 1986 [2015] EWHC 121 (Ch) (26 January 2015)
- The Prudential Assurance Company Ltd v HM Revenue and Customs [2015] EWHC 118 (Ch) (26 January 2015)
- Fresh Trading Ltd v Deepend Fresh Recovery Ltd & Anor [2015] EWHC 52 (Ch) (26 January 2015)
- Alfa Finance Holding AD v Quarzwerke GmbH [2015] EWHC 243 (Ch) (26 January 2015)
- Fielden v Christie-Miller & Ors [2015] EWHC 87 (Ch) (22 January 2015)
- Ramsay v Love [2015] EWHC 65 (Ch) (20 January 2015)
- London Borough of Richmond v Howell [2015] EWHC 104 (Ch) (20 January 2015)
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
- Lucinda Vowles & Ors, R. v [2015] EWCA Crim 45 (05 February 2015)
- Balogh, R v [2015] EWCA Crim 44 (04 February 2015)
- Ali, R v [2015] EWCA Crim 43 (03 February 2015)
- Preko, R v [2015] EWCA Crim 42 (03 February 2015)
- Sliogeris v R [2015] EWCA Crim 22 (30 January 2015)
- Jenkins, R. v [2015] EWCA Crim 105 (29 January 2015)
Graham v Commercial Bodyworks Ltd – WLR Daily
Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50
‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
Regina (Gra Acquisition Ltd) v Oxford City Council – WLR Daily
Regina (Gra Acquisition Ltd) v Oxford City Council [2015] EWHC 76 (Admin); [2015] WLR (D) 47
‘There was no exhaustive or exclusive statutory rule to the effect that a single building and its curtilage, whatever their nature, scale or relationship to each other, could never be listed as a conservation area pursuant to section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.’
WLR Daily, 22nd January 2015
Source: www.iclr.co.uk
Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily
‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’
WLR Daily, 4th February 2015
Source: www.iclr.co.uk
Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily
‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’
WLR Daily, 6th February 2015
Source: www.iclr.co.uk
Regina (Campbell-Brown) v Central Criminal Court – WLR Daily
Regina (Campbell-Brown) v Central Criminal Court [2015] EWHC 202 (Admin); [2015] WLR (D) 48
‘Trials involving defendants remanded in custody were not to be listed for trial after the expiry of the custody time limits without proper and rigorous judicial consideration first having been given to the statutory questions posed by section 22(3) of the Prosecution of Offences Act 1985 in relation to the extension of custody time limits.’
WLR Daily, 3rd February 2015
Source: www.iclr.co.uk
Regina v Ali (Nazakat) – WLR Daily
Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46
‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’
WLR Daily, 3rd February 2015
Source: www.iclr.co.uk
