Category: law reports

BAILII: Recent Decisions

Posted September 25th, 2013 in law reports by sally

High Court (Chancery Division)

Page & Anor v Hewetts Solicitors & Anor [2013] EWHC 2845 (Ch) (20 September 2013)

McKinnon v Graham [2013] EWHC 2870 (Ch) (20 September 2013)

High Court (Administrative Court)

R, R (on the application of) v A Chief Constable [2013] EWHC 2864 (Admin) (24 September 2013)

D, R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) (23 September 2013)

High Court (Commercial Court)

Proton Energy Group SA v Lietuva [2013] EWHC 2872 (Comm) (24 September 2013)

High Court (Patents Court)

HTC Corp v Nokia Corp [2013] EWHC B16 (Ch) (12 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vehicle Control Services Ltd v HM Revenue & Customs [2013] EWCA Civ 186 (13 March 2013)

M (Children) [2013] EWCA Civ 1147 (20 September 2013)

High Court (Queen’s Bench Division)

Streeter v Hughes & Anor [2013] EWHC 2841 (QB) (20 September 2013)

High Court (Chancery Division)

Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)

Honda Motor Europe Ltd, Re [2013] EWHC 2842 (Ch) (20 September 2013)

High Court (Family Division)

Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)

High Court (Administrative Court)

Uddin, R (on the application of) v Crown Court At Leeds [2013] EWHC 2752 (Admin) (11 July 2013)

High Court (Commercial Court)

Goldman Sachs International v Videocon Global Ltd & Anor [2013] EWHC 2843 (Comm) (20 September 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (20 September 2013)

Deutsche Bank AG & Ors v Unitech Global Ltd & Anor [2013] EWHC 2793 (Comm) (20 September 2013)

Source: www.bailii.org

CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

Posted September 23rd, 2013 in advertising, consumer protection, EC law, law reports, unfair commercial practices by sally

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Posted September 23rd, 2013 in EC law, equality, law reports, maternity leave, parental rights, self-employment, sex discrimination by sally

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Van Buggenhout and another v Banque Internationale à Luxembourg SA – WLR Daily

Posted September 23rd, 2013 in debts, EC law, foreign companies, foreign jurisdictions, insolvency, law reports by sally

Van Buggenhout and another v Banque Internationale à Luxembourg SA (Case C-251/12); [2013] WLR (D) 353

“A payment made at the behest of debtor subject to insolvency proceedings to one of the latter’s creditors did not fall within the scope of article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. That provision enabled a person who honoured an obligation ‘for the benefit of’ a debtor, who was subject to insolvency proceedings opened in another member state , when it should have been honoured for the benefit of the liquidator, to be deemed to have discharged it if he was unaware of the opening of proceedings.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Pensionsversicherungsanstalt v Brey – WLR Daily

Posted September 23rd, 2013 in benefits, EC law, freedom of movement, law reports, pensions by sally

Pensionsversicherungsanstalt v Brey (Case C-140/12); [2013] WLR (D) 352

“European Union law—in particular, articles 7(1)(b), 8(4) and 24(1) and (2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states—precluded national legislation which, even in relation to the period following the first three months of residence, automatically barred the grant of a social security benefit to a national of another member state who was not economically active, on the grounds that, despite having been issued with a certificate of residence, he did not meet the necessary requirements for obtaining the legal right to reside on the territory of the first member state for a period of longer than three months, since obtaining that right of residence was conditional upon that national having sufficient resources not to apply for the benefit.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 20th, 2013 in law reports by sally

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2013] EWHC 2831 (Ch) (19 September 2013)

High Court (Administrative Court)

Rahim, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2794 (Admin) (13 September 2013)

High Court (Admiralty Division)

Theresa Libra, The Owners of the Ship v Ship MSC Pamela, The Owners of the Ship [2013] EWHC 2792 (Admlty) (19 September 2013)

Source: www.bailii.org

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

Posted September 20th, 2013 in human rights, law reports, notification, privacy, regulations, sexual offences by sally

Regina (Prothero) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin); [2013] WLR (D) 350

“Regulation 12 of the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which required a person on the sex offenders register to provide details of bank, debit or credit card accounts held by him, was not incompatible with his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th September 2013

Source: www.iclr.co.uk

Regina (Chief Constable of the West Yorkshire Police) v Independent Police Complaints Commission – WLR Daily

Posted September 20th, 2013 in complaints, law reports, police, reports by sally

Regina (Chief Constable of the West Yorkshire Police) v Independent Police Complaints Commission [2013] EWHC 2698 (Admin); [2013] WLR (D) 349

“The Independent Police Complaints Commission (“IPCC”) could only handle a complaint against the police in strict accordance with its statutory powers under the Police Reform Act 2002. It was required to “record” matters which might amount to criminal and/or disciplinary misconduct but it was no part of the IPCC’s function to make definitive finding or rulings on such matters.”

WLR Daily, 11th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B-S (Children), Re [2013] EWCA Civ 1146 (17 September 2013)

M (A Child) [2013] EWCA Civ 1131 (17 September 2013)

High Court (Queen’s Bench Division)

Tidal Energy Ltd v Bank of Scotland Plc [2013] EWHC 2780 (QB) (13 September 2013)

High Court (Administrative Court)

S, R (on the application of) v The General Teaching Council for England & Anor [2013] EWHC 2779 (Admin) (13 September 2013)

Wildie, R (on the application of) v Wakefield Metropolitan District Council & Anor [2013] EWHC 2769 (Admin) (13 September 2013)

Prothero, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin) (18 September 2013)

High Court (Family Division)

N v K [2013] EWHC 2774 (Fam) (11 September 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (03 September 2013)

High Court (Patents Court)

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, law reports, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

In the matter of A (Children) (AP) – Supreme Court

Posted September 17th, 2013 in appeals, children, jurisdiction, law reports, residence orders, Supreme Court by sally

In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)

Supreme Court, 9th September 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted September 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Bristow & Ors, R. v [2013] EWCA Crim 1540 (13 September 2013)

High Court (Queen’s Bench Division)

Parkin & Ors v Alba Proteins Ltd & Ors [2013] EWHC 2740 (QB) (13 September 2013)

Source: www.bailii.org

Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily

Posted September 16th, 2013 in appeals, complaints, conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12);   [2013] WLR (D)  346

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 13th, 2013 in law reports by sally

High Court (Chancery Division)

Petrocapital Resources Plc v Morrison & Foerster (UK) LLP [2013] EWHC 2682 (Ch) (06 September 2013)

High Court (Commercial Court)

Mitsui Sumitomo Insurance Co (Europe) Ltd & Anor v The Mayor’s Office for Policing and Crime [2013] EWHC 2734 (Comm) (12 September 2013)

High Court (Queen’s Bench Division)

Wright v Commissioner of Police for the Metropolis [2013] EWHC 2739 (QB) (11 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vuvamu v Secretary of State for Transport [2013] EWCA Civ 1116 (11 September 2013)

E-Clear (UK) Plc v Elia & Ors [2013] EWCA Civ 1114 (06 September 2013)

Source: www.bailii.org

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by sally

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60;   [2013] WLR (D)  345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by sally

Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin);   [2013] WLR (D)  344

“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk