Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening) – WLR Daily

Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening): [2013] EWHC 3397 (Admin);   [2013] WLR (D)  422

“A person detained for examination under Schedule 7 to the Terrorism Act 2000 had the right to consult a solicitor privately ‘in person, in writing or on the telephone’ before being interviewed.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Smith-Evans v Smailes – WLR Daily

Posted November 8th, 2013 in bankruptcy, individual voluntary arrangements, insolvency, law reports by sally

Smith-Evans v Smailes: [2013] EWHC 3199 (Ch);   [2013] WLR (D)  423

“Where the chairman of a creditors’ meeting summoned under section 257 of the Insolvency Act 1986 had reported the meeting’s approval of a proposed voluntary arrangement to the court, the only route of challenge was under section 262 of the 1986 Act. That was so even if the meeting itself had not approved the arrangement, because the chairman had exceeded the terms of proxies that he held so there had in fact not been a 75% majority in favour of approval.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily

Posted November 8th, 2013 in EC law, insurance, law reports, legal representation by sally

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: Case C-442/12;   [2013] WLR (D)  426

“Article 4(1) of Council Directive 87/344 on legal expenses insurance precluded a legal expenses insurer, which stipulated in its insurance contracts that legal assistance would in principle be provided in-house, from also providing that the costs of legal assistance provided by a legal representative chosen by the insured would be covered only if the insurer took the view that the handling of the case had to be subcontracted to an external lawyer.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 8th, 2013 in law reports by sally

High Court (Administrative Court)

Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor [2013] EWHC 3368 (Admin) (07 November 2013)

AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) (07 November 2013)

Gibson, R (on the application of) v Harrow District Council [2013] EWHC 3449 (Admin) (07 November 2013)

High Court (Chancery Division)

Gulati & Ors v MGN Ltd [2013] EWHC 3392 (Ch) (06 November 2013)

High Court (Commercial Court)

Guidance Investments Ltd v Guidance Hotel Investment Company BSC [2013] EWHC 3413 (Comm) (07 November 2013)

High Court (Queen’s Bench Division)

King’s Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB) (07 November 2013)

Source: www.bailii.org

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening) – WLR Daily

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening): [2013] UKSC 67;   [2013] WLR (D)  421

“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

 

BAILII: Recent Decisions

Posted November 7th, 2013 in law reports by sally

Supreme Court

The Alexandros T, Re [2013] UKSC 70 (6 November 2013)

Cotter v Revenue & Customs [2013] UKSC 69 (6 November 2013)

Court of Appeal (Civil Division)

Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371 (07 November 2013)

McDonald v Department for Communities and Local Government & Anor [2013] EWCA Civ 1346 (06 November 2013)

W (Fact Finding: Hearsay Evidence) [2013] EWCA Civ 1374 (06 November 2013)

Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1320 (06 November 2013)

Khakh v Independent Safeguarding Authority [2013] EWCA Civ 1341 (06 November 2013)

Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)

AJA & Ors v Commissioner of Police for the Metropolis & Ors [2013] EWCA Civ 1342 (05 November 2013)

Court of Appeal (Criminal Division)

Bor, R v [2013] EWCA Crim 1916 (06 November 2013)

Arthur v R [2013] EWCA Crim 1852 (29 October 2013)

High Court (Administrative Court)

Gafaro, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3365 (Admin) (06 November 2013)

Elosta v Commissioner of Police for the Metropolis & Ors [2013] EWHC 3397 (Admin) (06 November 2013)

High Court (Commercial Court)

Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm) (06 November 2013)

Source: www.bailii.org

 

 

BAILII: Recent Decisions

Posted November 6th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Alegro Capital Llp v Allproperty Media PTE Ltd [2013] EWHC 3376 (QB) (05 November 2013)

JS & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3350 (QB) (05 November 2013)

Mileform Ltd v Interserve Security Ltd [2013] EWHC 3386 (QB) (05 November 2013)

High Court (Chancery Division)

Dahabshiil Transfer Services Ltd. v Barclays Bank Plc [2013] EWHC 3379 (Ch) (05 November 2013)

ARM Asset Backed Securities SA, Re [2013] EWHC 3351 (Ch) (09 October 2013)

High Court (Technology and Construction Court)

Caucedo Investments Inc & Anor v Saipem SA & Anor [2013] EWHC 3375 (TCC) (04 November 2013)

High Court (Commercial Court)

Arts & Antiques Ltd v Richards & Ors [2013] EWHC 3361 (Comm) (05 November 2013)

Source: www.bailii.org

Sannie and another v Secretary of State for the Home Department – WLR Daily

Posted November 6th, 2013 in appeals, immigration, law reports, ministers' powers and duties, tribunals by sally

Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419

“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 5th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Simpson & Ors (t/a Harrow Solicitors and Advocates) v Godson & Ors [2013] EWCA Civ 1339 (04 November 2013)

Nageh v David Game College Ltd & Anor [2013] EWCA Civ 1340 (04 November 2013)

High Court (Chancery Division)

Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3373 (Ch) (04 November 2013)

High Court (Administrative Court)

Bickford -Smith, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2013] EWHC 3371 (Admin) (04 November 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 4th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Rufus v Elliott [2013] EWHC 3355 (QB) (01 November 2013)

High Court (Chancery Division)

J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga Inc [2013] EWHC 3348 (Ch) (01 November 2013)

Straw & Anor v Jennings & Ors [2013] EWHC 3290 (Ch) (01 November 2013)

High Court (Administrative Court)

Sky Blue Sports & Leisure Ltd & Ors v Coventry City Council & Ors [2013] EWHC 3366 (Admin) (01 November 2013)

Fletcher v Leicestershire Constabulary [2013] EWHC 3357 (Admin) (01 November 2013)

Castletown Estates Ltd & Anor v Welsh Ministers [2013] EWHC 3293 (Admin) (01 November 2013)

High Court (Commercial Court)

Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2013] EWHC 3359 (Comm) (01 November 2013)

High Court (Technology and Construction Court)

Squibb Group Ltd v London Pleasure Gardens Ltd & Anor [2013] EWHC 3275 (TCC) (01 November 2013)

Source: www.bailii.org

Fordent Holdings Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted November 4th, 2013 in change of use, interpretation, law reports, planning by sally

Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); [2013] WLR (D) 418

“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”

WLR Daily, 26th October 2013

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 1st, 2013 in law reports by sally

Supreme Court

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (30 October 2013)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions [2013] UKSC 68 (30 October 2013)

Court of Appeal (Criminal Division)

SO v The Crown [2013] EWCA Crim 1725 (11 October 2013)

Silvera, R. v [2013] EWCA Crim 1764 (04 October 2013)

Bailey, R. v [2013] EWCA Crim 1779 (04 October 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)

High Court (Patents Court)

HTC Corporation v Nokia Corporation [2013] EWHC 3247 (Pat) (30 October 2013)

Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) & Anor v Boots UK Ltd [2013] EWHC 3251 (Pat) (31 October 2013)

Source: www.bailii.org

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

High Court (Administrative Court)

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin) (31 October 2013)

Gough v Director Of Public Prosecutions [2013] EWHC 3267 (Admin) (31 October 2013)

Bank v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3296 (Admin) (31 October
2013)

Habte v Secretary of State for the Home Department & Ors [2013] EWHC 3295 (Admin) (30 October 2013)

Lumsdon & Ors v Legal Services Board [2013] EWHC 3289 (Admin) (30 October 2013)

Adegbulugbe v Nursing and Midwifery Council [2013] EWHC 3301 (Admin) (30 October 2013)

High Court (Commercial Court)

British- American Insurance (Kenya) Ltd v Matelec Sal & Anor [2013] EWHC 3278 (Comm) (29 October 2013)

High Court (Family Division)

Davies, Re [2013] EWHC 3294 (Fam) (25 October 2013)

A Local Authority v X & Anor (Children) [2013] EWHC 3274 (Fam) (22 October 2013)

Lancashire County Council v R [2013] EWHC 3064 (Fam) (11 October 2013)

Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam) (07 October 2013)

G (A Child: Intractable Contact) [2013] EWHC B16 (Fam) (25 September 2013)

F v F [2013] EWHC 2683 (Fam) (05 September 2013)

High Court (Queen’s Bench Division)

Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 31st, 2013 in law reports by michael

Court of Appeal (Civil Division)

Talktalk Telecom Group Plc v Office of Communications & Anor [2013] EWCA Civ 1318 (30 October 2013)

British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd [2013] EWCA Civ 1319 (30 October 2013)

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 (30 October 2013)

Ham v Ham & Anor [2013] EWCA Civ 1301 (30 October 2013)

HM Revenue and Customs v The Rank Group Plc [2013] EWCA Civ 1289 (30 October 2013)

Thinc Group Ltd v Kingdom [2013] EWCA Civ 1306 (29 October 2013)

Source: www.bailii.org