Category: law reports
Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court
Supreme Court, 30th October 2013
Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”
WLR Daily, 29th October 2013
Source: www.iclr.co.uk
Prudential Assurance Co Ltd v Revenue and Customs Comrs – WLR Daily
Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411
“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”
WLR Daily, 24th October 2013
Source: www.iclr.co.uk
Closegate Hotel Development (Durham) Ltd and another v McLean and others – WLR Daily
“The prohibition on an officer of a company in administration exercising a management power absent the consent of the administrators contained in paragraph 64 of Schedule B1 to the Insolvency Act 1986, as inserted, did not deprive the directors of a company of the authority to cause the company to challenge the validity of the appointment of the administrators, nor was the exercise of such authority dependent upon the provision by the directors of an indemnity for costs.”
WLR Daily, 25th October 2013
Source: www.iclr.co.uk
National Crime Agency v Szepietowski and another – WLR Daily
National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408
“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily
“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Arthur v R [2013] EWCA Crim 1852 (29 October 2013)
Court of Appeal (Civil Division)
Chilukuri & Anor v RP Explorer Master Fund [2013] EWCA Civ 1307 (29 October 2013)
Berger v Berger [2013] EWCA Civ 1305 (29 October 2013)
High Court (Chancery Division)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Finesse Group Ltd v Bryson Products (A Firm) [2013] EWHC 3273 (TCC) (29 October 2013)
Source: www.bailii.org
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Orwell v Salford Royal NHS Trust Foundation [2013] EWHC 3245 (QB) (28 October 2013)
High Court (Administrative Court)
High Court (Commercial Court)
Equitas Ltd & Anor v Walsham Brothers & Company Ltd [2013] EWHC 3264 (Comm) (28 October 2013)
High Court (Technology and Construction Court)
Brims Construction Ltd v A2M Development Ltd [2013] EWHC 3262 (TCC) (28 October 2013)
Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors [2013] EWHC 3271 (Comm) (08 October 2013)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Laws-Chapman v R [2013] EWCA Crim 1851 (25 October 2013)
Court of Appeal (Civil Division)
Sharma v Sharma & Ors [2013] EWCA Civ 1287 (25 October 2013)
High Court (Queen’s Bench Division)
Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB) (25 October 2013)
High Court (Administrative Court)
Lewis v Three Rivers District Council [2013] EWHC 3250 (Admin) (24 October 2013)
McCarthy v Visitors to the Inns of Court & Anor [2013] EWHC 3253 (Admin) (25 October 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily
“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
PGF II SA v OMFS Co 1 Ltd – WLR Daily
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Woodland (Appellant) v Essex County Council (Respondent) – Supreme Court
Woodland (Appellant) v Essex County Council (Respondent) [2013] UKSC 66 | UKSC 2012/0093 (YouTube)
Supreme Court, 23rd October 2013
Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court
Supreme Court, 23rd October 2013
R v Gul (Appellant) – Supreme Court
R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)
Supreme Court, 23rd October 2013
Regina v Wilson (Michael) – WLR Daily
Regina v Wilson (Michael) [2013] EWCA Crim 1780 ; [2013] WLR (D) 404
“Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005 did not create a discrete offence, but an indictment containing a charge which referred only to article 32(8), and not to the other article in combination with which it created an offence, was not a nullity and a conviction might, despite the material irregularity, be considered safe.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Woodland v Swimming Teachers Association and others – WLR Daily
Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403
“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily
“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily
Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400
“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Press & Anor v R. [2013] EWCA Crim 1849 (24 October 2013)
Court of Appeal (Civil Division)
S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)
High Court (Queen’s Bench Division)
Briggs v Jordan & Ors [2013] EWHC 3205 (QB) (24 October 2013)
High Court (Chancery Division)
High Court (Administrative Court)
Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Oak Leaf Conservatories Ltd v Weir & Anor [2013] EWHC 3197 (TCC) (24 October 2013)
Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 3202 (TCC) (10 October 2013)
Source: www.bailii.org
