Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given 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 European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Erlam and others v Rahman and another – WLR Daily

Posted August 12th, 2014 in corruption, elections, law reports, local government by sally

Erlam and others v Rahman and another [2014] EWHC 2766 (Admin); [2014] WLR (D) 374

‘Non-compliance with the requirement in rule 4(1) of the Election Petition Rules 1960 for “setting out with sufficient particularity the facts relied on” did not render the petition a nullity, or compel its dismissal; the court had power under the CPR or its inherent jurisdiction to order the provision of further particulars to remedy the default.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Q v Q; In re B (A Child); In re C (A Child) – WLR Daily

Posted August 12th, 2014 in appeals, children, law reports, legal aid by sally

Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372

‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’

WLR Daily, 6th August 2014

Source: www.iclr.co.uk

M v Times Newspapers Ltd and others – WLR Daily

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Tidal Energy Ltd v Bank of Scotland plc – WLR Daily

Posted August 11th, 2014 in appeals, banking, contracts, law reports, mistaken identity by sally

Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369

‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Seakom Ltd & Anor v Knowledgepool Group Ltd [2014] EWCA Civ 1164 (08 August 2014)

High Court (Chancery Division)

Garcha & Ors v The Charity Commission for England and Wales [2014] EWHC 2754 (Ch) (05 August 2014)

Thomas Pink Limited v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014)

High Court (Administrative Court)

Hamill v The Chelmsford Magistrates’ Court & Anor [2014] EWHC 2799 (Admin) (08 August 2014)

High Court (Family Division)

R (A Child) [2014] EWHC 2802 (Fam) (22 July 2014)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2014] EWHC 2788 (Comm) (08 August 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 8th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Palmer & Ors v R [2014] EWCA Crim 1681 (07 August 2014)

Court of Appeal (Civil Division)

Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation [2014] EWCA Civ 1135 (07 August 2014)

Drax Power Ltd, R (on the application of) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1153 (07 August 2014)

High Court (Queen’s Bench Division)

Erlam & Ors v Rahman & Anor [2014] EWHC 2766 (QB) (07 August 2014)

High Court (Administrative Court)

Woods & Anor, R (on the application of) v Merseyside Police [2014] EWHC 2784 (Admin) (07 August 2014)

Sadushi v The Government of Albania [2014] EWHC 2756 (Admin) (07 August 2014)

Source: www.bailii.org

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