BAILII: Recent Decisions

Posted September 10th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Sutherland Professional Funding Ltd v Bakewells (a firm) & Ors [2013] EWHC 2685 (QB) (03 September 2013)

Source: www.bailii.org

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by sally

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch);   [2013] WLR (D)  343

“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”

WLR Daily, 3rd September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

R (A Child) [2013] EWCA Civ 1115 (06 September 2013)

A (A Child) [2013] EWCA Civ 1104 (06 September 2013)

High Court (Administrative Court)

Geraldo & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2763 (Admin) (06 September 2013)

Atamewan, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2727 (Admin) (06 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Goodman & Ors v Elwood [2013] EWCA Civ 1103 (04 September 2013)

High Court (Administrative Court)

Hunston Properties Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2678 (Admin) (05 September 2013)

Gibson, R (on the application of) v Secretary of State for Justice [2013] EWHC 2481 (Admin) (04 September 2013)

High Court (Chancery Division)

Torre Asset Funding Ltd & Anor v The Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch) (03 September 2013)

High Court (Family Division)

J (A Child), Re [2013] EWHC 2694 (Fam) (05 September 2013)

High Court (Patents Court)

Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks [2013] EWHC 2673 (Pat) (04 September 2013)

High Court (Technology and Construction Court)

Khan v Harrow Council & Anor [2013] EWHC 2687 (TCC) (03 September 2013)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC) (03 September 2013)

Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC) (29 August 2013)

Source: www.bailii.org

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by sally

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Greater Transparency in the Family Courts – New Draft Guidance – RPC Privacy Law

Posted September 5th, 2013 in consultations, family courts, law reports, news, reporting restrictions by sally

“Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication. Sir James Munby, President of the Family Division of the High Court, has issued the proposed judiciary guidance to facilitate the ‘need for greater transparency’ in the family courts.”

Full story

RPC Privacy Law, 4th September 2013

Source: www.rpc.co.uk

BAILII: Recent Decisions

Posted September 3rd, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Carr v Penman [2013] EWHC 2679 (QB) (02 September 2013)

High Court (Chancery Division)

Eclairs Group Ltd & Anor v JKX Oil & Gas Plc & Ors [2013] EWHC 2631 (Ch) (30 August 2013)

High Court (Administrative Court)

United States of America (USA) v Shlesinger [2013] EWHC 2671 (Admin) (02 September 2013)

Source: www.bailii.org

Beghal v Director of Public Prosecutions – WLR Daily

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”

WLR Daily, 16th August 2013

Source: www.iclr.co.uk

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

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 29th, 2013 in law reports by sally

High Court (Chancery Division)

Brown v Stephenson [2013] EWHC 2531 (Ch) (23 August 2013)

High Court (Administrative Court)

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin) (28 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 27th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Ahmed v R [2013] EWCA Crim 1393 (31 July 2013)

Martin, R. v [2013] EWCA Crim 1420 (31 July 2013)

Banfield & Anor, R v [2013] EWCA Crim 1394 (31 July 2013)

Regan, R. v [2013] EWCA Crim 1465 (31 July 2013)

O’Leary v R [2013] EWCA Crim 1371 (31 July 2013)

Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013)

Chapman, R. v [2013] EWCA Crim 1370 (29 July 2013)

High Court (Administrative Court)

Miranda, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2609 (Admin) (23 August 2013)

High Court (Chancery Division)

Citicorp Trustee Company Ltd v Barclays Bank Plc & Ors [2013] EWHC 2608 (Ch) (23 August 2013)

High Court (Queen’s Bench Division)

Jackson v Thompsons Solicitors (A Firm) & Ors [2013] EWHC 2578 (QB) (23 August 2013

Source: www.bailii.org

 

BAILII: Recent Decisions

Posted August 23rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall -Chung, R. v [2007] EWCA Crim 3429 (26 July 2007)

High Court (Administrative Court)

Cherkley Campaign Ltd, R (on the application of) v Longshot Cherkley Court Ltd [2013] EWHC 2582 (Admin) (22 August 2013)

High Court (Chancery Division)

Data Power Systems Ltd & Ors v Safehosts (London) Ltd & Anor [2013] EWHC 2479 (Ch) (17 May 2013)

High Court (Family Division)

BS and ES (Children), Re (Placement Order Or Special Guardianship Order) [2013] EWHC 2607 (Fam) (22 August 2013)

Jones, Re (Alleged Contempt of Court) [2013] EWHC 2579 (Fam) (21 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall, R v [2013] EWCA Crim 1450 (26 July 2013)

High Court (Queen’s Bench Division)

Lee v Lasrado [2013] EWHC 2302 (QB) (26 July 2013)

High Court (Technology and Construction Court)

National Museums and Galleries on Merseyside v AEW Architects and Designers Ltd [2013] EWHC 2576 (TCC) (20 August 2013)

Source: www.bailii.org

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by sally

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

East Midlands Trains Ltd v National Union of Rail, Maritime and Transport Workers [2013] EWCA Civ 1072 (15 August 2013)

High Court (Administrative Court)

The Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice & Anor [2013] EWHC B13 (Admin) (15 August 2013)

High Court (Chancery Division)

Heis & Ors v Attestor Value Master Fund LP & Anor [2013] EWHC 2556 (Ch) (16 August 2013)

Harris v Secretary of State for Business, Innovation and Skills [2013] EWHC 2514 (Ch) (09 August 2013)

High Court (Family Division)

A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 16th, 2013 in law reports by sally

High Court (Family Division)

M v M & Ors [2013] EWHC 2534 (Fam) (14 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWCA Civ 1003 (14 August 2013)

High Court (Chancery Division)

Hellard (Trustee In Bankruptcy) v Kapoor [2013] EWHC 2204 (Ch) (25 July 2013)

Harris v Secretary of State for Business, Innovation and Skills [2013] EWHC 2514 (Ch) (09 August 2013)

High Court (Administrative Court)

Truro City Council v Cornwall City Council [2013] EWHC 2525 (Admin) (13 August 2013)

High Court (Technology and Construction Court)

Noemalife SPA v Infinitt UK Ltd [2013] EWHC 2376 (TCC) (14 August 2013)

High Court (Commercial Court)

Times Newspapers Ltd v McNamara [2013] EWHC B12 (Comm) (13 August 2013)

Source: www.bailii.org

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner – WLR Daily

Posted August 14th, 2013 in data protection, insolvency, law reports, loans, statutory interpretation by sally

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner [2013] EWHC 2485 (Ch); [2013] WLR (D) 336

“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”

WLR Daily, 8th August 2013

Source: www.iclr.co.uk