law reports – Page 133 – Current Awareness

Regina (Nash) v Barnet London Borough Council – WLR Daily

Posted August 14th, 2013 in administrators, delay, fiduciary duty, judicial review, law reports, local government, time limits by sally

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Ahmad v Secret Garden (Cheshire) Ltd [2013] EWCA Civ 1005 (06 August 2013)

High Court (Administrative Court)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA [2013] EWHC 2469 (QB) (09 August 2013)

N and N v London Borough of Newham & Anor [2013] EWHC 2475 (Admin) (09 August 2013)

Marton -Cum -Grafton Parish Council), R (On the Application Of) v North Yorkshire County Council [2013] EWHC 2406 (Admin) (09 August 2013)

Tabbakh, R (On the Application Of) v The Staffordshire and West Midlands Probation Trust & Anor [2013] EWHC 2492 (Admin) (09 August 2013)

Bredenkamp, R (On the Application Of) v Secretary of State for Foreign And Commonwealth Affairs [2013] EWHC 2480 (Admin) (09 August 2013)

Ignaoua, R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin) (09 August 2013)

D, R (On the Application Of) v Worcestershire County Council [2013] EWHC 2490 (Admin) (09 August 2013)

High Court (Commercial Court)

Thai -Lao Lignite (Thailand) Co Ltd & Anor v Government of the Lao People’s Democratic Republic [2013] EWHC 2466 (Comm) (08 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 9th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Turbill & Anor, R. v [2013] EWCA Crim 1422 (12 July 2013)

High Court (Chancery Division)

Southern Pacific Personal Loans Ltd, Re [2013] EWHC 2485 (Ch) (08 August 2013)

High Court (Commercial Court)

Foster & Anor v Action Aviation Ltd [2013] EWHC 2439 (Comm) (08 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 8th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Cart v Cart [2013] EWCA Civ 1006 (07 August 2013)

High Court (Queen’s Bench Division)

Saha v Imperial College of Science, Technology & Medicine [2013] EWHC 2438 (QB) (07 August 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 779 (13 June 2013)

Stuart v London City Airport Ltd [2013] EWCA Civ 973 (31 July 2013)

Vince v Wyatt [2013] EWCA Civ 934 (13 June 2013)

High Court (Queen’s Bench Division)

Poole v Wright (t/a Simon Wright Racing Development) & Ors [2013] EWHC 2375 (QB) (05 August 2013)

High Court (Administrative Court)

Newcombe v Crown Prosecution Service (CPS) [2013] EWHC 2160 (Admin) (20 June 2013)

High Court (Family Division)

London Borough of Camden v Caratt & Ors [2013] EWHC 2336 (Fam) (31 July 2013)

High Court (Technology and Construction Court)

Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd & Ors [2013] EWHC 2394 (TCC) (31 July 2013)

Source: www.bailii.org

Wembridge Claimants and others v Winter and others – WLR Daily

Posted August 6th, 2013 in emergency services, fire services, health & safety, immunity, law reports, news, personal injuries by sally

Wembridge Claimants and others v Winter and others [2013] EWHC 2331 (QB); [2013] WLR (D) 334

“Regulations pertaining to health and safety in the workplace made pursuant to the Health and Safety at Work etc Act 1974 applied to fire and rescue services and were capable of amending duties under existing statutory provisions so that a breach of the regulations by a fire service employer would be actionable, save where it was expressly provided otherwise.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) – WLR Daily

Posted August 6th, 2013 in appeals, extraterritoriality, fraudulent trading, insolvency, law reports, news, winding up by sally

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) [2013] EWCA Civ 968; [2013] WLR (D) 333

“The knowledge of a fraud perpetrated by a director by means of a company was not to be attributed to that company when it sought to recover losses which the company itself had suffered as a result of the fraud, even where the director was the sole director and shareholder of the company. In those circumstances the director could not rely on the maxim ex turpi causa non oritur actio to defeat the claim.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another – WLR Daily

Posted August 6th, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another [2013] UKSC 57; [2013] WLR (D) 332

“An insurer could not choose the order in which claims made by an insured exhausted layers of insurance cover under a programme of professional liability insurance.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Posted August 6th, 2013 in health, hospitals, law reports, local government, ministers' powers and duties, trusts, ultra vires by sally

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Fox v British Airways plc – WLR Daily

Posted August 6th, 2013 in airlines, appeals, benefits, compensation, disability discrimination, employment, law reports, unfair dismissal by sally

Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330

“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 5th, 2013 in law reports by sally

High Court (Administrative Court)

Lawson, R (on the application of) v City of Westminster Magistrates’ Court [2013] EWHC 2434 (Admin) (02 August 2013)

London Capital Group, R (On the Application Of) v The Financial Ombudsman Service Ltd [2013] EWHC 2425 (Admin) (02 August 2013)

Source: www.bailii.org

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) – Supreme Court

Posted August 2nd, 2013 in appeals, food hygiene, health & safety, law reports, local government, Supreme Court by sally

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) [2013] UKSC 59 | UKSC 2012/0087 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) – Supreme Court

Posted August 2nd, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) 2013] UKSC 58 | UKSC 2012/0112 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Teal Assurance Company Limited (Appellant) v W R Berkley Insurance (Europe) Limited and another (Respondents) – Supreme Court

Posted August 2nd, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Company Limited (Appellant) v W R Berkley Insurance (Europe) Limited and another (Respondents) [2013] UKSC 57 | UKSC 2012/0014 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Hughes (Appellant) – Supreme Court

Posted August 2nd, 2013 in appeals, dangerous driving, law reports, road traffic offences, Supreme Court, uninsured drivers by sally

R v Hughes (Appellant) [2013] UKSC 56 UKSC 2011/0240 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Vernon Knight Associates v Cornwall County Council – WLR Daily

Posted August 2nd, 2013 in appeals, law reports, local government, negligence, nuisance, repairs, roads by sally

Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329

“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) – WLR Daily

Posted August 2nd, 2013 in appeals, financial regulation, law reports, notification, trials, tribunals by sally

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) [2013] EWCA Civ 918; [2013] WLR (D) 328

“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Serious Organised Crime Agency v Azam – WLR Daily

Posted August 2nd, 2013 in appeals, assets recovery, burden of proof, costs, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Azam [2013] EWCA Civ 970; [2013] WLR (D) 327

“Where a person who was the subject of a property freezing order made under Part 5 of the Proceeds of Crime Act 2002 applied for the order to be varied so as to permit him to apply some of his assets which were the subject of the order in paying for his legal expenses, he was under no specific burden of proof requiring him to prove that there were no other available assets which could be used for the relevant purpose, such that if he did not discharge the burden his application must fail.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) – WLR Daily

Posted August 2nd, 2013 in benefits, disabled persons, housing, law reports, social security by sally

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) [2013] EWHC 2213 (Admin); [2013] WLR (D) 325

“The refusal of the Secretary of State to exclude some disabled persons from the changes introduced into the Housing Benefit Regulations 2006 by the Housing Benefit (Amendment) Regulations 2012, and the provision made by way of access to discretionary housing payments, constituted a proportionate approach to difficulties which those persons faced.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk