BAILII: Recent Decisions
High Court (Chancery Division)
Maier & Anor v Asos Plc & Anor [2013] EWHC 2831 (Ch) (19 September 2013)
High Court (Administrative Court)
High Court (Admiralty Division)
Source: www.bailii.org
High Court (Chancery Division)
Maier & Anor v Asos Plc & Anor [2013] EWHC 2831 (Ch) (19 September 2013)
High Court (Administrative Court)
High Court (Admiralty Division)
Source: www.bailii.org
“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
“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
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)
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) [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 (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) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)
Supreme Court, 9th September 2013
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: (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
High Court (Chancery Division)
Petrocapital Resources Plc v Morrison & Foerster (UK) LLP [2013] EWHC 2682 (Ch) (06 September 2013)
High Court (Commercial Court)
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
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
“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: [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
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