law reports – Page 131 – Current Awareness

R (on the application of Hodkin and another) (Appellants) v Registrar General of Births, Deaths and Marriages (Respondent) – Supreme Court

Posted December 11th, 2013 in appeals, law reports, marriage, Supreme Court by sally

R (on the application of Hodkin and another) (Appellants) v Registrar General of Births, Deaths and Marriages (Respondent) [2013] UKSC 77 | UKSC 2013/0030 (YouTube)

Supreme Court, 11th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Abdullahi v Bundesasylamt – WLR Daily

Posted December 11th, 2013 in appeals, asylum, EC law, immigration, law reports by sally

Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481

‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’

WLR Daily, 10th December 2013

Source: www.iclr.co.uk

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 10th, 2013 in children, law reports, local government, social services, travellers by sally

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) [2013] EWHC 3845 (Admin); [2013] WLR (D) 478

‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’

WLR Daily, 6th December 2013

Source: www.iclr.co.uk

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

Posted December 10th, 2013 in appeals, demonstrations, detention, hospitals, law reports, medical treatment by sally

Regina (IM (Nigeria)) v Secretary of State for the Home Department [2013] EWCA Civ 1561; [2013] WLR (D) 476

‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

In re Corey – WLR Daily

Posted December 10th, 2013 in appeals, bail, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In re Corey [2013] UKSC 76; [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 10th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Anor [2013] EWHC 3674 (Ch) (06 December 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Anor [2013] EWHC 3781 (Comm) (06 December 2013)

High Court (Technology and Construction Court)

J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC) (06 December 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted December 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Swan Housing Association Ltd v Gill [2013] EWCA Civ 1566 (09 December 2013)

High Court (Queen’s Bench Division)

Kagalovsky & Anor v Balmore Invest Ltd & Ors [2013] EWHC 3876 (QB) (09 December 2013)

AXA Insurance UK Plc v Rossiter [2013] EWHC 3805 (QB) (05 December 2013)

High Court (Administrative Court)

P (DRC), R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin) (09 December 2013)

Ku, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 3881 (Admin) (09 December 2013)

High Court (Commercial Court)

Baturina v Chistyakov [2013] EWHC 3537 (Comm) (14 November 2013)

Source: www.bailii.org

Mba v Merton London Borough Council – WLR Daily

Posted December 9th, 2013 in appeals, care workers, Christianity, employment tribunals, human rights, law reports, local government, proportionality, religious discrimination, Sunday trading, working time by sally

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Posted December 9th, 2013 in appeals, civil procedure rules, disclosure, employment, government departments, health & safety, jurisdiction, law reports, practice directions by sally

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina v J and others – WLR Daily

Posted December 9th, 2013 in agency, appeals, consent, conspiracy, corruption, crime prevention, law reports, prosecutions by sally

Regina v J and others [2013] EWCA Crim 2287; [2013] WLR (D) 472

‘Where an offence under section 1 of the Prevention of Corruption Act 1906 was alleged it was not necessary for the prosecution to prove, as an ingredient of the offences under that section, that the principal did not know of the payment and did not give his informed consent. It was only necessary to prove that the payment made for the prohibited purpose was made corruptly.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Posted December 9th, 2013 in education, immigration, interpretation, law reports, sponsored immigrants, tribunals by sally

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

HTC Corpn v Nokia Corpn – WLR Daily

Posted December 6th, 2013 in injunctions, intellectual property, law reports, patents, telecommunications by sally

HTC Corpn v Nokia Corpn: [2013] EWHC 3778 (Pat); [2013] WLR (D) 468

‘The criteria to be applied in deciding whether or not to grant an injunction for infringement of intellectual property rights were those of efficacy, proportionality, dissuasiveness, the avoidance of creating barriers to legitimate trade and the provision of safeguards against abuse as set out in article 3(2) of Parliament and Council Directive 2004/48/EC.’

WLR Daily, 3rd December 2013

Source: www.iclr.co.uk

Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by sally

Rayner v Legal Services Commission: [2013] WLR (D) 467

‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’

WLR Daily, 2nd December 2013

Source: www.iclr.co.uk

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by sally

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537; [2013] WLR (D) 466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk