law reports – Page 125 – Current Awareness

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily

Posted November 19th, 2013 in criminal procedure, imprisonment, law reports, news, remand, sentencing by sally

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin [2013] EWCA Crim 1994; [2013] WLR (D) 438

“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court

Posted November 18th, 2013 in appeals, damages, EC law, indemnities, insurance, law reports, Supreme Court by sally

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) [2013] UKSC 70 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court

Posted November 18th, 2013 in appeals, assets recovery, economic loss, HM Revenue & Customs, jurisdiction, law reports, Supreme Court, taxation by sally

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) [2013] UKSC 69 | UKSC 2012/0062 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

TFL Management Services Ltd v Lloyds Bank plc – WLR Daily

Posted November 18th, 2013 in appeals, banking, costs, law reports, restitution by sally

TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437

“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily

Posted November 18th, 2013 in administrators, appeals, employment, law reports, sport, transfer of undertakings, unfair dismissal by sally

Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436

“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Moss v The Queen – WLR Daily

Posted November 15th, 2013 in appeals, criminal justice, homicide, law reports, Privy Council, sentencing by sally

Moss v The Queen: [2013] UKPC 32; [2013] WLR (D) 434

“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Federal Republic of Germany v Puid – WLR Daily

Posted November 15th, 2013 in asylum, EC law, immigration, law reports by sally

Federal Republic of Germany v Puid: Case C-4/11; [2013] WLR (D) 435

“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Lemas & Anor v Williams [2013] EWCA Civ 1433 (14 November 2013)

Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWCA Civ 1466 (14 November 2013)

TFL Management Services Ltd v Lloyds Bank Plc [2013] EWCA Civ 1415 (14 November 2013)

Court of Appeal (Criminal Division)

Hollier & Anor, R. v [2013] EWCA Crim 2041 (14 November 2013)

High Court (Administrative Court)

Makanjuola v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3528 (Admin) (14 November 2013)

Hayden, R (on the application of) v Kelly [2013] EWHC 3527 (Admin) (14 November 2013)

Hussein v The General Medical Council [2013] EWHC 3535 (Admin) (14 November 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Savelyev & Anor [2013] EWHC 3529 (Ch) (14 November 2013)

High Court (Family Division)

K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)

Source: www.bailii.org

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by sally

W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432

“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by sally

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346: [2013] WLR (D) 431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 14th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)

Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410 (13 November 2013)

CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435 (13 November 2013)

Court of Appeal (Criminal Division)

Stocker, R v [2013] EWCA Crim 1993 (13 November 2013)

High Court (Administrative Court)

Eastwood, R (on the application of) v The Royal Borough of Windsor & Maidenhead [2013] EWHC 3476 (Admin) (13 November 2013)

High Court (Family Division)

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)

High Court (Technology and Construction Court)

GSMA Ltd v Europa Technologies Ltd [2013] EWHC 3451 (TCC) (12 November 2013)

Source: www.bailii.org

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Posted November 13th, 2013 in administrators, appeals, hospitals, law reports, local government, ministers' powers and duties, ultra vires by sally

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA [2013] WLR (D) 430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 13th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Scott v Russell [2013] EWCA Civ 1432 (12 November 2013)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWCA Civ 1377 (12 November 2013)

JS (Sudan), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1378 (12 November 2013)

Court of Appeal (Criminal Division)

Leacock & Ors, R v [2013] EWCA Crim 1994 (12 November 2013)

High Court (Administrative Court)

The Enfield London Borough Council, R (on the application of) v Barnet Clinical Commissioning Group & Ors [2013] EWHC 3496 (Admin) (12 November 2013)

Source: www.bailii.org

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by sally

Marwaha and others v Singh and others: [2013] WLR (D) 429

“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 12th, 2013 in law reports by sally

High Court (Commercial Court)

Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors [2013] EWHC 3457 (Comm) (08 November 2013)

Deutsche Bank AG v Sebastian Holdings Inc (Rev 1) [2013] EWHC 3463 (Comm) (08 November 2013)

High Court (Queen’s Bench Division)

Krause v Newsquest Media Group Ltd & Anor [2013] EWHC 3400 (QB) (11 November 2013)

J M Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB) (08 November 2013)

High Court (Technology and Construction Court)

Roe Brickwork Ltd v Wates Construction Ltd [2013] EWHC 3417 (TCC) (11 November 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 11th, 2013 in law reports by michael

Court of Appeal (Civil Division)

Trust Special Administrator Appointed To South London Healthcare NHS Trust & Anor v London Borough of Lewisham & Anor (Rev 1) [2013] EWCA Civ 1409 (08 November 2013)

Graiseley Properties Ltd & Ors v Deutche Bank AG & Ors [2013] EWCA Civ 1372 (08 November 2013)

Court of Appeal (Criminal Division)

Shirley, R v (Rev 1) [2013] EWCA Crim 1990 (08 November 2013)

High Court (Administrative Court)

Krebs v NHS Commissioning Board [2013] EWHC 3474 (Admin) (11 November 2013)

Bhatnagar v The General Medical Council [2013] EWHC 3412 (Admin) (11 November 2013)

Brodziak v Circuit Court In Warsaw, Poland [2013] EWHC 3394 (Admin) (11 November 2013)

Merlot 73 Ltd, R (on the application of) v City of Westminster Magistrates Court & Anor [2013] EWHC 3416 (Admin) (08 November 2013)

Thangarasa, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWHC 3415 (Admin) (08 November 2013)

Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)

Source: www.bailii.org

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily

Posted November 11th, 2013 in EC law, homosexuality, imprisonment, law reports, proportionality, refugees, sexual orientation discrimination by michael

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12); [2013] WLR (D) 427

“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11); [2013] WLR (D) 428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

Posted November 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by michael

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342; [2013] WLR (D) 424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk