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

Wiggins v Regent Wealth Ltd and others – WLR Daily

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another – WLR Daily

Posted August 1st, 2014 in indexation, law reports, pensions, trusts by sally

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another [2014] EWHC 2683 (Ch); [2014] WLR (D) 354

‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

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

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted August 1st, 2014 in benefits, council tax, domicile, law reports, local government, news, ultra vires by sally

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) [2014] EWHC 2617 (Admin); [2014] WLR (D) 349

‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 31st, 2014 in law reports by michael

Supreme Court

Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 (30 July 2014)

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Ors (Scotland) [2014] UKSC 48 (30 July 2014)

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014)

Court of Appeal (Civil Division

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

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

Hussein v Secretary of State for Defence [2014] EWCA Civ 1087 (31 July 2014)

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

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

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

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

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

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

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

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

Khan v Royal Mail Group Ltd & Ors [2014] EWCA Civ 1082 (30 July 2014)

Regent Wealth Ltd & Ors v Wiggins [2014] EWCA Civ 1078 (30 July 2014)

Aster Communities Ltd v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014)

Sebastian Holdings, Inc v Deutsche Bank AG [2014] EWCA Civ 1100 (30 July 2014)

Sunico A/S & Ors v Revenue And Customs [2014] EWCA Civ 1108 (30 July 2014)

Browning v The Information Commissioner the Department for Business, Innovation and Skills [2014] EWCA Civ 1050 (30 July 2014)

HM Revenue and Customs v Lloyds TSB Equipment Leasing (No 1) Ltd [2014] EWCA Civ 1062 (30 July 2014)

H, Re [2014] EWCA Civ 1101 (29 July 2014)

Patel v Mirza [2014] EWCA Civ 1047 (29 July 2014)

Lim (An Infant) v Walia [2014] EWCA Civ 1076 (29 July 2014)

Kanu v London Borough of Southwark [2014] EWCA Civ 1085 (29 July 2014)

Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 (29 July 2014)

Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063 (29 July 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)

W (Children) [2014] EWCA Civ 1065 (25 July 2014)

DE v AB [2014] EWCA Civ 1064 (24 July 2014)

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

Source: www.bailii.org

Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Browning v Information Commissioner and Another – WLR Daily

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Ashraf v General Dental Council – WLR Daily

Ashraf v General Dental Council [2014] EWHC 2618 (Admin);  [2014] WLR (D) 342

‘Whilst it was not inherently unfair for a regulator to pursue disciplinary charges against a professional where he had been acquitted of substantially the same charges in the criminal courts, that did not mean that there would not be circumstances in which it might well be unfair to proceed.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk