BAILII: Recent Decisions

Posted August 7th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Baturina v Chistyakov [2014] EWCA Civ 1134 (05 August 2014)

High Court (Chancery Division)

Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH & Anor [2014] EWHC 2782 (Ch) (06 August 2014)

High Court (Administrative Court)

HS2 Action Alliance Ltd & Anor, R (on the application of) v Secretary of State for Transport & Anor [2014] EWHC 2759 (Admin) (06 August 2014)

Lemtelsi, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2750 (Admin) (04 August 2014)

High Court (Commercial Court)

Brogden & Anor v Investec Bank Plc [2014] EWHC 2785 (Comm) (06 August 2014)

Family Court Decisions (High Court Judges)

AB (A Child: Temporary Leave To Remove From Jurisdiction: Expert Evidence) [2014] EWFC 2758 (4 August 2014)

Q v Q [2014] EWFC 31 (06 August 2014)

Source: www.bailii.org

Richmond Pharmacology Ltd v Chester Overseas Ltd and others – WLR Daily

Richmond Pharmacology Ltd v Chester Overseas Ltd and others [2014] EWHC 2692 (Ch); [2014] WLR (D) 365

‘The test of whether there was a breach of the duty under section 175 of the Companies Act 2006 was objective, and did not depend on whether the director was aware that what he was doing was a breach of his duty. It was no defence to a claim for breach of this duty that the director had acted in good faith. Nor was it a defence that the director had acted reasonably, but wrongly, had thought that he had been entitled to do what he had done.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Ali v R [2014] EWCA Crim 1658 (31 July 2014)

Court of Appeal (Civil Division)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

R, Re [2014] EWCA Civ 1110 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

High Court (Queen’s Bench Division)

NNN v D1 & Anor [2014] EWHC B14 (QB) (23 July 2014)

Gopaul & Anor v Naidoo & Anor [2014] EWHC 2684 (QB) (31 July 2014)

Chakrabarty v Ipswich Hospital NHS Trust & Anor [2014] EWHC 2735 (QB) (31 July 2014)

High Court (Administrative Court)

Gunduz, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2688 (Admin) (31 July 2014)

A4 Metal Recycling v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2524 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2691 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2689 (Admin) (31 July 2014)

Norton v Bar Standards Board [2014] EWHC 2681 (Admin) (31 July 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Santander UK Plc v National Westminster Bank Plc & Ors [2014] EWHC 2626 (Ch) (31 July 2014)

High Court (Family Division)

Cumbria County Council [2014] EWHC 2596 (Fam) (28 July 2014)

Family Court Decisions (other Judges)

LW (A Child) [2014] EWFC B96 (4 August 2014)

LW (A Child) [2014] EWFC B97 (4 August 2014)

M S and B (Fact Finding) [2014] EWFC B95 (24 July 2014)

Lincolnshire County Council v LU & Ors [2014] EWFC B94 (17 July 2014)

High Court (Technology and Construction Court)

Stratton & Anor v Patel & Anor [2014] EWHC 2677 (TCC) (01 August 2014)

High Court (Patents Court)

Adaptive Spectrum And Signal Alignment, Inc v British Telecom Communications Plc [2014] EWHC 2730 (Pat) (22 July 2014)

Source: www.bailii.org

Regina (Hussein) v Secretary of State for Defence – WLR Daily

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina v Rogers (Bradley) and others – WLR Daily

Posted August 5th, 2014 in fraud, jurisdiction, law reports, money laundering, proceeds of crime by sally

Regina v Rogers (Bradley) and others [2014] EWCA Crim 1680; [2014] WLR (D) 362

‘Both the provisions relating to money laundering contained in the Proceeds of Crime Act 2002 and earlier authority provided jurisdiction in the English courts to cover an allegation of converting criminal property obtained by fraud in the United Kingdom by a person living and working in Spain who permitted the money to be received into his Spanish bank account and then withdrawn from it.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 5th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pitts & Ors, R. v [2014] EWCA Crim 1615 (31 July 2014)

Watkins & Anor v R. (Rev 2) [2014] EWCA Crim 1677 (31 July 2014)

Loveless & Ors, R v [2014] EWCA Crim 1679 (01 August 2014)

Court of Appeal (Civil Division)

Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 (31 July 2014)

Buer, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1109 (31 July 2014)

Young v Anglo American South Africa Ltd & Ors [2014] EWCA Civ 1130 (31 July 2014)

CLP Holding Company Ltd v Singh & Anor [2014] EWCA Civ 1103 (31 July 2014)

B & Anor, Re [2014] EWCA Civ 1133 (01 August 2014)

PNM v Times Newspapers Ltd & Ors [2014] EWCA Civ 1132 (01 August 2014)

High Court (Queen’s Bench Division)

Al-Waheed v Ministry of Defence [2014] EWHC 2714 (QB) (31 July 2014)

Chweidan v Mischcon De Reya Solicitors [2014] EWHC 2685 (QB) (31 July 2014)

JXL & Anor v Britton [2014] EWHC 2571 (QB) (31 July 2014)

Zurich Insurance Plc v Kay & Ors [2014] EWHC 2734 (QB) (01 August 2014)

Leeds United Football Club Ltd v West Yorkshire Police [2014] EWHC 2738 (QB) (01 August 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2014] EWHC 2720 (Ch) (31 July 2014)

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd & Anor [2014] EWHC 2683 (Ch) (31 July 2014)

High Court (Administrative Court)

Silver v Secretary of State for Communities & Local Government & Anor [2014] EWHC 2729 (Admin) (01 August 2014)

High Court (Commercial Court)

Hirtenstein & Anor v Hill Dickinson LLP [2014] EWHC 2711 (Comm) (31 July 2014)

Family Court Decisions (High Court Judges)

A, B, and C (Children : Interim Care Orders ) [2014] EWFC 28 (29 July 2014)

M v B [2014] EWHC 2686 (Fam) (24 July 2014)

High Court (Technology and Construction Court)

Weatherford Global Products Ltd v Hydropath Holdings Ltd & Ors [2014] EWHC 2725 (TCC) (01 August 2014)

Source: www.bailii.org

IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Innes v Information Commissioner and another – WLR Daily

Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358

‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily

Posted August 4th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania [2014] EWHC 2528 (Admin); [2014] WLR (D) 356

‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 4th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Grace, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1091 (09 June 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

High Court (Queen’s Bench)

Mitchell v News Group Newspapers Ltd [2014] EWHC 2615 (QB) (28 July 2014)

Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB) (29 July 2014)

St Christopher School (Letchworth) Ltd v Schymanski & Anor [2014] EWHC 2573 (QB) (30 July 2014)

Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

Knauer v Ministry of Justice [2014] EWHC 2553 (QB) (24 July 2014)

Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) (28 July 2014)

High Court (Chancery Division)

Walsh & Ors v Needleman Treon (A Firm) & Ors [2014] EWHC 2554 (Ch) (25 July 2014)

High Court (Administrative Court)

Krusinina v Prosecutors General Office of the Republic of Latvia [2014] EWHC 2509 (Admin) (23 July 2014)

Professional Standards Authority for Health And Social Care v General Pharmaceutical Council & Anor [2014] EWHC 2521 (Admin) (23 July 2014)

High Court (Family Division)

P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

AL v DA [2014] EWHC 2632 (Fam) (09 July 2014)

High Court (Technology and Construction Court)

O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC) (28 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v The Serious Fraud Office [2014] EWHC 2597 (Comm) (28 July 2014)

High Court (Patents Court)

Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)

Source: www.bailii.org

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

MB v Secretary of State for Work and Pensions – WLR Daily

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355

‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk