law reports – Page 99 – Current Awareness

Ballinger and another v Mercer Ltd and another – WLR Daily

Posted July 25th, 2014 in amendments, burden of proof, civil procedure rules, law reports, limitations, negligence, pensions by sally

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 25th, 2014 in law reports by sally

Supreme Court

Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 (23 July 2014)

Court of Appeal (Civil Division)

Airtours Holidays Transport Ltd v Revenue And Customs [2014] EWCA Civ 1033 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

McDonald v McDonald & Anor [2014] EWCA Civ 1049 (24 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

Hart & Anor v Burbidge & Anor [2014] EWCA Civ 992 (22 July 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 1034 (22 July 2014)

Commissioner of Police of the Metropolis v Copeland [2014] EWCA Civ 1014 (22 July 2014)

R (A Child: Habitual Residence), Re [2014] EWCA Civ 1032 (22 July 2014)

Prophet Plc v Huggett [2014] EWCA Civ 1013 (22 July 2014)

B (Child Evidence), Re [2014] EWCA Civ 1015 (22 July 2014)

Court of Appeal (Criminal Division)

Criminal Practice Directions : Amendment No. 2 [2014] EWCA Crim 1570 (23 July 2014)

Criminal Practice Directions : Costs in Criminal Proceedings [2014] EWCA Crim 1570 (23 July 2014)

Stephen Hamilton v R [2014] EWCA Crim 1555 (22 July 2014)

High Court (Administrative Court)

Bhatnagar v General Medical Council [2014] EWHC 2562 (Admin) (24 July 2014)

Bentham, R (on the application of) v HMP Usk and Prescoed & Anor [2014] EWHC 2469 (Admin) (23 July 2014)

X (A Child) [2014] EWHC 2522 (Fam) (23 July 2014)

Dennison, R (On the Application Of) v Bradford Districts Clinical Commissioning Group [2014] EWHC 2552 (Admin) (23 July 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Warners Retail (Moreton) Ltd v Cotswold District Council [2014] EWHC 2504 (Admin) (22 July 2014)

Sumpter, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2434 (Admin) (22 July 2014)

Corrie, R (on the application of) v Suffolk County Council & Ors [2014] EWHC 2490 (Admin) (22 July 2014)

T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

High Court (Chancery Division)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

High Court (Commercial Court)

Travis Coal Restructured Holdings Llc v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (24 July 2014)

High Court (Patents Court)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

High Court (Technology and Construction Court)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

K, Re [2014] EWCA Civ 905 (15 July 2014)

M & Ors v Suffolk County Council [2014] EWCA Civ 942 (15 July 2014)

KS v Neath Port Talbot County Borough Council & Ors [2014] EWCA Civ 941 (15 July 2014)

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

M-F (Children) [2014] EWCA Civ 991 (15 July 2014)

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd & Ors [2014] EWCA Civ 958 (16 July 2014)

Premier Telecom Communications Group Ltd & Anor v Webb [2014] EWCA Civ 994 (16 July 2014)

High Court (Queen’s Bench Division)

Tata Consultancy Services Ltd v Sengar [2014] EWHC 2304 (QB) (11 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

Environment Agency v Hughes & Ors [2014] EWHC 2484 (QB) (21 July 2014)

DSD & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 2493 (QB) (23 July 2014)

Diamond Jewellers Ltd v Mittal (t/a Mittal Trading Co) [2014] EWHC 2395 (QB) (21 July 2014)

Symes v St George’s Healthcare NHS Trust [2014] EWHC 2505 (QB) (23 July 2014)

VS v The Home Office [2014] EWHC 2483 (QB) (22 July 2014)

Cartus Corporation & Anor v Sidell & Anor [2014] EWHC 2492 (QB) (24 July 2014)

High Court (Chancery Division)

The Charity Commission for England and Wales v Framjee & Ors [2014] EWHC 2507 (Ch) (22 July 2014)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 2498 (Ch) (22 July 2014)

Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch) (16 July 2014)

Bank of Scotland Plc v Waugh & Ors [2014] EWHC 2117 (Ch) (21 July 2014)

Cohen v Teseo Properties Ltd & Anor [2014] EWHC 2442 (Ch) (18 July 2014)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

Source: www.bailii.org

Regina (LD and others) v Secretary of State for Justice – WLR Daily

Posted July 24th, 2014 in human rights, law reports, prisons, stop and search, women by sally

Regina (LD and others) v Secretary of State for Justice [2014] WLR (D) 333

‘The policy contained in Prison Service Instruction (PSI) 67/2011 of targeted strip-searching of women prisoners was not in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 24th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Polyflor Ltd v Health and Safety Executive [2014] EWCA Crim 1522 (18 July 2014)

Court of Appeal (Civil Division)

Austin v Miller Argent (South Wales) Ltdd [2014] EWCA Civ 1012 (21 July 2014)

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011 (18 July 2014)

Starlight Shipping Company v Allianz Marine & Aviation Versicherungs AG & Ors [2014] EWCA Civ 1010 (18 July 2014)

David Cary v Commissioner of Police for the Metropolis Equality And Human Rights Commission [2014] EWCA Civ 987 (17 July 2014)

Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

O v The Secretary of State for the Home Department [2014] EWCA Civ 990 (17 July 2014)

H, Re [2014] EWCA Civ 989 (17 July 2014)

Guildhall College Ltd, R (On the Application Of) v Secretary of State for Business Innovation And Skills & Anor [2014] EWCA Civ 986 (17 July 2014)

Mercer Ltd & Anor v Ballinger & Anor [2014] EWCA Civ 996 (17 July 2014)

McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031 (21 July 2014)

High Court (Queen’s Bench Division)

Ahmed Oukhellou v Luton And Dunstable Hospital NHS Foundation Trust [2014] EWHC 2303 (QB) (11 July 2014)

Palisetty v Secretary of State for the Home Department [2014] EWHC 2473 (QB) (21 July 2014)

High Court (Administrative Court)

Johnson, R (on the application of) v The Secretary of State for the Home Department [2014] EWHC 2386 (Admin) (17 July 2014)

Tigere, R (On the Application Of) v Secretary of State for Business, Innovation & Skills -And- Student Loans Company Ltd [2014] EWHC 2452 (Admin) (17 July 2014)

Source: www.bailii.org

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Posted July 23rd, 2014 in enfranchisement, landlord & tenant, law reports, leases, subsidiary companies by michael

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch); [2014] WLR (D) 330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Posted July 23rd, 2014 in Crown Court, hospital orders, judicial review, jurisdiction, law reports, mental health by michael

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D) 328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012; [2014] WLR (D) 331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011; [2014] WLR (D) 329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in community care, deportation, detention, judicial review, law reports, mental health by michael

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ; [2014] WLR (D) 327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991; [2014] WLR (D) 326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D) 319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same – WLR Daily

Posted July 23rd, 2014 in EC law, freedom of movement, law reports, legal profession by michael

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same (Joined Cases C-58/13 and C-59/13 ECLI:EU:C:2014:2088; [2014] WLR (D) 323

‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094; [2014] WLR (D) 322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

Posted July 22nd, 2014 in appeals, death penalty, drug trafficking, foreign jurisdictions, human rights, law reports, legal representation, Supreme Court by sally

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) – Supreme Court

Posted July 22nd, 2014 in agency, appeals, fiduciary duty, law reports, Supreme Court by sally

FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 22nd, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Murphy, R v [2014] EWCA Crim 1457 (18 June 2014)

Vaughan, R v [2014] EWCA Crim 1456 (19 June 2014)

Court of Appeal (Civil Division)

Warren v Drukkerij Flach B.V. [2014] EWCA Civ 993 (18 July 2014)

High Court (Queen’s Bench Division)

Building Register Ltd v Mark Weston & Anor [2014] EWHC 2361 (QB) (17 July 2014)

Cartus Corporation Cartus Ltd v Siddell & Anor [2014] EWHC 2266 (QB) (16 July 2014)

High Court (Chancery Division)

Greenwich Inc Ltd v Dowling & Ors [2014] EWHC 2451 (Ch) (15 July 2014)

High Court (Family Division)

Cooper-Hohn v Hohn [2014] EWHC 2314 (Fam) (07 July 2014)

Family Court Decisions (other Judges)

J and D (fact-finding) [2014] EWFC B89 (07 July 2014)

High Court (Technology and Construction Court)

R G Spiller Ltd v Derhalli & Anor [2014] EWHC 2458 (TCC) (08 July 2014)

High Court (Commercial Court)

Kaupthing Singer & Friedlander Ltd v UBS AG [2014] EWHC 2450 (Comm) (18 July 2014)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014)

Soufflet Negoce SA v Fedcominvest Europe Sarl [2014] EWHC 2405 (Comm) (18 July 2014)

Source: www.bailii.org

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 21st, 2014 in civil procedure rules, equality, law reports, police, sexual orientation discrimination by sally

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) [2014] EWCA Civ 987; [2014] WLR (D) 320

‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina v Mehmedov – WLR Daily

Posted July 21st, 2014 in bad character, criminal records, evidence, foreign jurisdictions, law reports, murder by sally

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk