law reports – Page 118 – Current Awareness

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Posted January 29th, 2014 in collective agreements, employment, human rights, law reports, remuneration, trade unions by sally

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

In re St Chad, Bishop’s Tachbrook – WLR Daily

Posted January 29th, 2014 in burials and cremation, ecclesiastical law, faculties, law reports, planning by sally

In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24

‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’

WLR Daily, 9th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Harvey & Ors, R v [2014] EWCA Crim 54 (24 January 2014)

Court of Appeal (Civil Division)

Core Issues Trust, R (On the Application Of) v Transport for London & Anor [2014] EWCA Civ 34 (27 January 2014)

C v North Cumbria University Hospitals NHS Trust (Rev 1) [2014] EWHC 61 (QB) (23 January 2014)

Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 33 (24 January 2014)

ZZ v Secretary of State for the Home Department [2014] EWCA Civ 7 (24 January 2014)

S (A Child) , Re [2014] EWCA Civ 25 (24 January 2014)

Rajaratnam v Secretary of State for the Home Department [2014] EWCA Civ 8 (24 January 2014)

Miller v Associated Newspapers Ltd [2014] EWCA Civ 39 (24 January 2014)

High Court (Administrative Court)

Mohammed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 98 (Admin) (27 January 2014)

Miller Homes Limited, R (On the Application Of) v Leeds City Council [2014] EWHC 82 (Admin) (27 January 2014)

Department of Work and Pensions v Kole- Emmanuel [2013] EWHC 4368 (Admin) (26 June 2013)

Islington Borough Council v Secretary of State for Communities And Local Government & Anor [2014] EWHC 62 (Admin) (24 January 2014)

South Yorkshire Police, R (on the application of) v Sheffield Crown Court & Anor [2014] EWHC 81 (Admin) (24 January 2014)

Chowdhury, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 59 (Admin) (24 January 2014)

Trafford v Blackpool Borough Council [2014] EWHC 85 (Admin) (24 January 2014)

Source: www.bailii.org

Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

Regina v Proctor – WLR Daily

Posted January 27th, 2014 in appeals, judicial review, law reports, sexual offences prevention orders by sally

Regina v Proctor [2014] WLR (D) 22

‘When a sexual offences prevention order was made against an offender without a sufficient basis, it was not, prior to quashing, a nullity. Where such an order was made in relation to a person already subject to a sexual offences prevention order, the earlier order ceased to have effect, pursuant to section 107(6) of the Sexual Offences Act 2003, despite the second order having been made without a sufficient basis.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Vidal-Hall and others v Google Inc – WLR Daily

Posted January 27th, 2014 in civil procedure rules, data protection, internet, jurisdiction, law reports, misuse of private information, practice directions, privacy, service out of jurisdiction by sally

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted January 27th, 2014 in bankruptcy, enfranchisement, landlord & tenant, law reports, leases, receivers, trustees in bankruptcy by sally

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon [2014] EWCA Civ 17; [2014] WLR (D) 20

‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Haxton v Philips Electronics UK Ltd – WLR Daily

Posted January 24th, 2014 in asbestos, damages, industrial injuries, law reports, negligence, personal injuries by sally

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19

‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Taylor v Burton & Anor [2014] EWCA Civ 21 (23 January 2014)

IM v LM & Ors [2014] EWCA Civ 37 (23 January 2014)

Reed Employment Ltd v Revenue And Customs [2014] EWCA Civ 32 (23 January 2014)

High Court (Queen’s Bench Division)

C v North Cumbria University Hospitals NHS Trust [2014] EWHC 61 (QB) (23 January 2014)

M (A Child) , Re [2014] EWHC 57 (QB) (23 January 2014)

The Northampton Regional Livestock Centre Co Ltd v Cowling & Anor [2014] EWHC 30 (QB) (23 January 2014)

Jones v Portsmouth Hospitals NHS Trust [2014] EWHC 42 (QB) (23 January 2014)

High Court (Administrative Court)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 65 (Admin) (22 January 2014)

High Court (Technology and Construction Court)

Wales And West Utilities Ltd v PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC) (23 January 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 23rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

The Free Grammar School of John Lyon (The Keepers and Governors of the Possessions, Revenues and Goods of) v Helman [2014] EWCA Civ 17 (22 January 2014)

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4 (22 January 2014)

Slattery v Basildon Borough Council [2014] EWCA Civ 30 (22 January 2014)

High Court (Queen’s Bench Division)

Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB) (22 January 2014)

High Court (Family Division)

Ramet, Re application for the committal to prison [2014] EWHC 56 (Fam) (22 January 2014)

Nightingale v Nightingale [2014] EWHC 77 (Fam) (17 January 2014)

High Court (Administrative Court)

Padden, R (on the application of) v Maidstone Borough Council & Ors [2014] EWHC 51 (Admin) (22 January 2014)

Source: www.bailii.org

United Kingdom v European Parliament and another – WLR Daily

Posted January 23rd, 2014 in EC law, financial regulation, law reports, regulations by sally

United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17

‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk