BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Source: www.bailii.org
High Court (Queen’s Bench Division)
Source: www.bailii.org
“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
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)
Source: www.bailii.org
Court of Appeal (Civil Division)
Goodman & Ors v Elwood [2013] EWCA Civ 1103 (04 September 2013)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Family Division)
J (A Child), Re [2013] EWHC 2694 (Fam) (05 September 2013)
High Court (Patents Court)
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: [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
“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.”
RPC Privacy Law, 4th September 2013
Source: www.rpc.co.uk
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 [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
“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
“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
“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
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
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)
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
Court of Appeal (Criminal Division)
Hall -Chung, R. v [2007] EWCA Crim 3429 (26 July 2007)
High Court (Administrative Court)
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)
Jones, Re (Alleged Contempt of Court) [2013] EWHC 2579 (Fam) (21 August 2013)
Source: www.bailii.org
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)
Source: www.bailii.org
“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
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
Heis & Ors v Attestor Value Master Fund LP & Anor [2013] EWHC 2556 (Ch) (16 August 2013)
High Court (Family Division)
A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)
Source: www.bailii.org
High Court (Family Division)
M v M & Ors [2013] EWHC 2534 (Fam) (14 August 2013)
Source: www.bailii.org
Court of Appeal (Civil Division)
High Court (Chancery Division)
Hellard (Trustee In Bankruptcy) v Kapoor [2013] EWHC 2204 (Ch) (25 July 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
“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