R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) – Supreme Court
Supreme Court, 12th March 2014
Category: law reports
P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court
Supreme Court, 19th March 2014
Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barclays Bank Plc v Unicredit Bank Ag & Anor [2014] EWCA Civ 302 (20 March 2014)
Fons Hf v Corporal Ltd & Anor [2014] EWCA Civ 304 (20 March 2014)
Bate v Aviva Insurance UK Ltd [2014] EWCA Civ 334 (21 March 2014)
VIS Trading Co Ltd v Nazarov & Anor [2014] EWCA Civ 313 (20 March 2014)
High Court (Queen’s Bench Division)
Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)
Dany Lions Ltd v Bristol Cars Ltd [2014] EWHC 817 (QB) (21 March 2014)
High Court (Chancery Division)
Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)
Thevarajah & Anor v Riordan & Ors [2014] EWHC 725 (Ch) (21 March 2014)
Enta Technologies Ltd v Revenue And Customs [2014 EWHC 548 (Ch) (21 March 2014)
High Court (Administrative Court)
Brown v Carlisle City Council [2014] EWHC 707 (Admin) (21 March 2014)
High Court (Family Division)
T (A Child: Care And Placement Orders) [2014] EWHC 798 (Fam) (20 March 2014)
Leicester City Council v Chhatbar & Anor [2014] EWHC 830 (Fam) (28 February 2014)
High Court (Technology and Construction Court)
Fujitsu Services Ltd v IBM United Kingdom Ltd [2014] EWHC 752 (TCC) (21 March 2014)
Source: www.bailii.org
Regina v Achogbuo – WLR Daily
‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Griffiths v Secretary of State for Justice (Equality and Human Rights Commission intervening): Coll v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily
‘The Secretary of State for Justice had not discriminated, directly or indirectly, in the performance of his functions of providing approved premises for women released from prison on licence.’
WLR daily 19th December 2013
Source: www.iclr.co.uk
Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily
‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
Tan v Choy [2014] EWCA Civ 251 (19 March 2014)
High Court (Chancery Division)
Apex Global Management Ltd & Anor v FI Call Ltd & Ors [2014] EWHC 779 (Ch) (19 March 2014)
High Court (Queen’s Bench Division)
Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors [2014] EWHC 692 (QB) (19 March 2014)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Erimus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd & Ors [2014] EWCA Civ 303 (18 March 2014)
Anselm v Buckle [2014] EWCA Civ 311 (18 March 2014)
Jones & Anor v First Greater Western Ltd [2014] EWCA Civ 301 (18 March 2014)
Court of Appeal (Criminal Division)
Umerji, R v [2014] EWCA Crim 421 (18 March 2014)
Dent, R v [2014] EWCA Crim 457 (18 March 2014)
High Court (Administrative Court)
Zurich Assurance Ltd v Winchester
City Council & Anor [2014] EWHC 758 (Admin) (18 March 2014)
High Court (Family Division)
Bhura v Bhura [2014] EWHC 727 (Fam) (18 March 2014)
High Court (Queen’s Bench Division)
Allen & Ors v Depuy International Ltd [2014] EWHC 753 (QB) (18 March 2014)
Abbas v Yousuf & Anor [2014] EWHC 662 (QB) (18 March 2014)
White v Express Newspapers [2014] EWHC 657 (QB) (18 March 2014)
Fynes v St George’s Hospital NHS Trust [2014] EWHC 756 (QB) (18 March 2014)
Source: www.bailii.org
Regina (Thapa) v Secretary of State for the Home Department – WLR Daily
‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’
WLR Daily, 11th March 2014
Source: www.iclr.co.uk
In re Lehman Brothers International (Europe) (in administration) (No 4) – WLR Daily
‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Your Response Ltd v Datateam Business Media Ltd – WLR Daily
Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131
‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ahmed & Anor v Mustafa [2014] EWCA Civ 277 (17 March 2014)
M-M (A Child), Re [2014] EWCA Civ 276 (17 March 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)
Source: www.bailii.org
Márquez Samohano v Universitat Pompeu Fabra – WLR Daily
Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D) 129
‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej im dr Stanisława Deresza w Choroszczy – WLR Daily
‘Clause 4(1) of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, precluded a national rule which provided that for the termination of fixed-term contracts of more than six months, a fixed notice period of two weeks would be applied regardless of the length of service of the worker concerned, whereas the length of the notice period for contracts of indefinite duration was fixed in accordance with the length of service of the worker concerned and could vary from two weeks to three months, where those two categories of workers were in comparable situations.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
Brogsitter v Fabrication de Montres Normandes EURL and another – WLR Daily
Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12; [2014] WLR (D) 130
‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281 (14 March 2014)
Court of Appeal (Criminal Division)
Holmes, R v [2014] EWCA Crim 420 (14 March 2014)
High Court (Chancery Division)
Lehman Brothers International (Europe) & Ors, Re [2014] EWHC 704 (Ch) (14 March 2014)
Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 695 (Ch) (14 March 2014)
High Court (Commercial Court)
IPCO (Nigeria) LTD v Nigerian National Petroleum Corporation [2014] EWHC 576 (Comm) (14 March 2014)
Energy Venture Partners Ltd v Malabu Oil & Gas Ltd [2014] EWHC 663 (Comm) (14 March 2014)
High Court (Family Division)
Z (A Child: Independent Social Work Assessment), Re [2014] EWHC 729 (Fam) (14 March 2014)
Source: www.bailii.org
