Category: law reports

BAILII: Recent Decisions

Posted February 19th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

McLoughlin, R. v [2014] EWCA Crim 188 (18 February 2014)

Court of Appeal (Civil Division)

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 (18 February 2014)

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors [2014] EWCA Civ 12 (18 February 2014)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2014] EWHC 294 (QB) (18 February 2014)

Webley v St George’s Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

High Court (Administrative Court)

Walker v The Secretary for State for Education [2014] EWHC 267 (Admin) (14 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor [2014] EWHC 102 (Admin) (18 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 18th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Proctor, R. v [2014] EWCA Crim 162 (30 January 2014)

Court of Appeal (Civil Division)

Ray v Sekhri [2014] EWCA Civ 119 (14 February 2014)

Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Ltd [2014] EWCA Civ 100 (14 February 2014)

Donovan & Anor v Rana & Anor [2014] EWCA Civ 99 (14 February 2014)

High Court (Chancery Division)

Harding & Anor v Edwards & Ors [2014] EWHC 247 (Ch) (14 February 2014)

High Court (Family Division)

London Borough of Harrow v Afzal & Ors [2014] EWHC 303 (Fam) (31 January 2014)

Medway Council v Mother & Ors [2014] EWHC 308 (Fam) (31 January 2014)

The Prospective Adopters v IA & Anor [2014] EWHC 331 (Fam) (12 February 2014)

JEG v IS [2014] EWHC 287 (Fam) (13 February 2014)

High Court (Administrative Court)

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014)

Global Vision College Ltd, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 205 (Admin) (14 February 2014)

Kadyamarunga v Secretary of State for the Home Department [2014] EWHC 301 (Admin) (14 February 2014)

North Norfolk District Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 279 (Admin) (14 February 2014)

High Court (Technology and Construction Court)

Viridis UK Ltd v Mulalley & Company Ltd [2014] EWHC 268 (TCC) (11 February 2014)

High Court (Commercial Court)

Lakatamia Shipping Co Ltd v Nobu Su & Ors [2014] EWHC 275 (Comm) (13 February 2014)

Cottonex Anstalt v Patriot Spinning Mills Ltd [2013] EWHC 236 (Comm) (14 February 2014)

Source: www.bailii.org

Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Hamnett v Essex County Council – WLR Daily

Posted February 18th, 2014 in disabled persons, equality, jurisdiction, law reports, local government, parking, ultra vires by sally

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 17th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)

Court of Appeal (Civil Division)

Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)

Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)

Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)

High Court (Queen’s Bench Division)

Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)

Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)

High Court (Chancery Division)

Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)

Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)

High Court (Family Division)

NL (A Child), Re (Appeal: Interim Care Order: Facts And Reasons) [2014] EWHC 270 (Fam) (13 February 2014)

AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)

High Court (Administrative Court)

Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)

Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)

Van Der Pijl v Secretary of State for the Home Department & Anor [2014] EWHC 281 (Admin) (13 February 2014)

High Court (Technology and Construction Court)

The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)

Source: www.bailii.org

Regina (Walford) v Worcestershire County Council and another – WLR Daily

Posted February 17th, 2014 in care homes, community care, elderly, fees, law reports, local government, news by sally

Regina (Walford) v Worcestershire County Council and another [2014] EWHC 234 (Admin) ; [2014] WLR (D) 65

‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily

Posted February 17th, 2014 in copyright, EC law, law reports by sally

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH (Case C‑479/12); [2014] WLR (D) 66

‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

European Commission v United Kingdom (Kingdom of Denmark and another intervening) – WLR Daily

Posted February 17th, 2014 in costs, EC law, law reports, protective costs orders by sally

European Commission v United Kingdom (Kingdom of Denmark and another intervening) (Case C‑530/11); [2014] WLR (D) 69

‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Svensson and others v Retriever Sverige AB – WLR Daily

Posted February 17th, 2014 in copyright, EC law, internet, law reports by sally

Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67

‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Posted February 14th, 2014 in duty of care, law reports, leases, limited liability partnerships, misrepresentation, negligence, Scotland by sally

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina (A) v Chief Constable of C Constabulary – WLR Daily

Posted February 14th, 2014 in criminal records, judicial review, law reports, police, vetting by sally

Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63

‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another

Posted February 13th, 2014 in law reports, ombudsmen, pensions, third parties, trusts by sally

In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme
Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another [2014] EWHC 20 (Ch); [2014] WLR (D) 58

‘Considerations of fairness and reasonableness could not be imported into the process of construing the provisions of a Levy Determination issued by the Pension Protection Fund (“PPF”) which set out, pursuant to section 175(5) of the Pensions Act 2004, the rules for calculating the annual levy on defined pension benefit schemes eligible to receive compensation from the PPF. If the relevant rule in the Levy Determination did not permit the board of the PPF to interfere in any individual case so as to procure what might be said to be fair or rational in the calculation of the levy, the ombudsman was similarly constrained on a reference.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

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

Posted February 13th, 2014 in appeals, deportation, evidence, immigration, law reports by sally

Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60

‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina v Mitchell (William) – WLR Daily

Posted February 13th, 2014 in appeals, crime, law reports, misfeasance in public office, paramedics by sally

Regina v Mitchell (William) [2014] WLR (D) 61

‘To be the holder of a public office a person had to owe duties to the public over and above duties owed to individual citizens. Therefore a paramedic who did not owe such duties was not a holder of a public office.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Ministry of Defence v Kemeh – WLR Daily

Posted February 13th, 2014 in agency, appeals, armed forces, law reports, race discrimination by sally

Ministry of Defence v Kemeh [2014] EWCA Civ 91; [2014] WLR (D) 59

‘Common law principles of agency were applicable when considering section 32(2) of the Race Relations Act 1976.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina v Avanzi – WLR Daily

Posted February 12th, 2014 in appeals, consent, Court of Protection, interpretation, law reports, learning difficulties, sexual offences, standard of proof by sally

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk