law reports – Page 136 – Current Awareness

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov (No 10) – WLR Daily

Posted July 29th, 2013 in banking, disclosure, fraud, freezing injunctions, law reports, loans, news by sally

JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305

“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina v Sale – WLR Daily

Posted July 29th, 2013 in company directors, confiscation, corruption, law reports, proportionality by sally

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

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

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) – WLR Daily

Posted July 29th, 2013 in banking, criminal justice, disclosure, fraud, law reports, search & seizure, third parties, warrants by sally

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) [2013] EWHC 2128 (QB); [2013] WLR (D) 302

“The Criminal Justice Act 1987 did not prevent the Serious Fraud Office from disclosing, pursuant to a court order in civil proceedings, documents which in the course of an investigation had been provided to it by third parties in response to notices under section 2 of the Act.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

In the matter of the Nortel Companies; In the matter of the Lehman Companies; In the matter of the Lehman Companies No 2 – Supreme Court

Posted July 29th, 2013 in administrators, contribution, debts, expenses, insolvency, law reports, pensions by sally

In the matter of the Nortel Companies; In the matter of the Lehman Companies; In the matter of the Lehman Companies No 2 [2013] UKSC 52 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) – Supreme Court

Posted July 29th, 2013 in administrators, detention, human rights, law reports, mental health, ministers' powers and duties, time limits by sally

R (on the application of Modaresi) (FC) (Appellant) v Secretary of State for Health (Respondent) [2013] UKSC 53 | UKSC 2012/0069 (YouTube)

Supreme Court, 24th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 26th, 2013 in law reports by sally

Court of Appeal (Civil Division)

JSC BTA Bank v Ablyazov [2013] EWCA Civ 928 (25 July 2013)

High Court (Chancery Division)

Infederation Ltd v Google Inc & Ors [2013] EWHC 2295 (Ch) (26 July 2013)

High Court (Commercial Court)

SC DG Petrol SRL v Vitol Broking Ltd & Ors [2013] EWHC 2176 (Comm) (25 July 2013)

High Court (Family Division)

Sekhri v Ray [2013] EWHC 2290 (Fam) (23 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Serious Fraud Office & Ors [2013] EWHC 2297 (QB) (26 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 25th, 2013 in law reports by sally

Supreme Court

Nortel Companies & Ors, Re [2013] UKSC 52 (24 July 2013)

Modaresi, R (on the application of) v Secretary of State for Health [2013] UKSC 53 (24 July 2013)

Court of Appeal (Civil Division)

Great Elephant Corp v Trafigura Beheer BV & Ors [2013] EWCA Civ 905 (25 July 2013)

Lupofresh Ltd v Sapporo Breweries Ltd [2013] EWCA Civ 948 (25 July 2013)

Tulane Education Fund, Re [2013] EWCA Civ 890 (24 July 2013)

X, R (on the application of) v London Borough of Tower Hamlets [2013] EWCA Civ 904 (24 July 2013)

Dass v The College of Haringey, Enfield and North East London & Anor [2013] EWCA Civ 884 (24 July 2013)

HS2 Action Alliance Ltd & Ors v Secretary of State for Transport [2013] EWCA Civ 920 (24 July 2013)

Neumans LLP (A Firm) v Andronikou & Ors [2013] EWCA Civ 916 (24 July 2013)

Court of Appeal (Criminal Division)

Sale R. v [2013] EWCA Crim 1306 (25 July 2013)

IA & Ors, R. v [2013] EWCA Crim 1308 (25 July 2013)

High Court (Administrative Court)

Police Superintendents Association of England and Wales & Ors v The Chief Constable of Bedfordshire Police [2013] EWHC 2173 (Admin) (25 July 2013)

Save Britain’s Heritage, R (on the application of) v The Secretary of State for Communities and Local Government [2013] EWHC 2268 (Admin) (25 July 2013)

DD, R (on the application of) v Independent Appeal Panel of the London Borough of Islington & Anor [2013] EWHC 2262 (Admin) (25 July 2013)

TD, R (on the application of) v The Commissioner of Police for the Metropolis & Anor [2013] EWHC 2231 (Admin) (25 July 2013)

Mirza, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2207 (Admin) (24 July 2013)

Khan v The General Medical Council [2013] EWHC 2187 (Admin) (24 July 2013)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2013] EWHC 2200 (Ch) (25 July 2013)

High Court (Commercial Court)

Marex Financial Ltd v Creative Finance Ltd & Anor [2013] EWHC 2155 (Comm) (25 July 2013)

Pagel & Anor v Farman [2013] EWHC 2210 (Comm) (24 July 2013)

High Court (Queen’s Bench Division)

Gary Flood v Times Newspapers Ltd [2013] EWHC 2182 (QB) (25 July 2013)

Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2131 (QB) (24 July 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 2227 (TCC) (24 July 2013)

Source: www.bailii.org

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others – WLR Daily

Posted July 25th, 2013 in appeals, expenses, fees, insolvency, law firms, law reports, sport by sally

In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others: [2013] EWCA Civ 916; [2013] WLR (D) 301

“Where solicitors had acted for a company in connection with its opposition to a winding up petition but had ceased to act for the company by the time the company went into out of court administration, the court had no power under the Insolvency Rules 1986 or under the inherent jurisdiction of the court to direct that fees which the company owed to the solicitors were an expense of the administration.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2) – WLR Daily

Posted July 25th, 2013 in expenses, insolvency, law reports, pensions by sally

In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2): [2013] UKSC 52; [2013] WLR (D) 300

“A company’s liabilities arising from financial support directions or contribution notices issued by the Pensions Regulator under the Pensions Act 2004 after the company had gone into administration, which required the company to put in place financial support for an occupational pension scheme, did not rank as an expense of the administration under rule 2.67(1)(f) of the Insolvency Rules 1986. However, where by the date on which the company went into administration it had for the preceding two years been vulnerable to a liability under a pension scheme, that liability was an obligation which ranked in the administration as a provable debt of the company.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

CW (Jamaica) v Secretary of State for the Home Department [2013] EWCA Civ 915 (23 July 2013)

V (Children), Re [2013] EWCA Civ 913 (23 July 2013)

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 (23 July 2013)

Duffy v George [2013] EWCA Civ 908 (23 July 2013)

ITV Services Ltd v HM Revenue and Customs [2013] EWCA Civ 867 (23 July 2013)

Pendragon Plc & Ors v HM Revenue and Customs [2013] EWCA Civ 868 (23 July 2013)

Court of Appeal (Criminal Division)

Morgan, R v [2013] EWCA Crim 1307 (23 July 2013)

Oyebola, R v [2013] EWCA Crim 1052 (23 July 2013)

High Court (Administrative Court)

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013)

High Court (Chancery Division)

Caldero Trading Ltd v Beppler & Jacobson Ltd & Ors [2013] EWHC 2191 (Ch) (23 July 2013)

High Court (Queen’s Bench Division)

Nowak v The Nursing and Midwifery Council & Anor (Rev 1) [2013] EWHC 1932 (QB) (23 July 2013)

Source: www.bailii.org

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Posted July 24th, 2013 in appeals, homelessness, human rights, judicial review, law reports, local government, proportionality by sally

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Regina (Government Actuary’s Department) v Pensions Ombudsman – WLR Daily

Posted July 24th, 2013 in administrators, fire services, law reports, maladministration, ombudsmen, pensions by sally

Regina (Government Actuary’s Department) v Pensions Ombudsman: [2013] EWCA Civ 901; [2013] WLR (D) 298

“The Government Actuary’s Department performed an important proactive role, by producing and from time to time revising the actuarial tables, which was central to the administration and proper operation of the firefighters’ public sector pension scheme, and as such was ‘concerned with the … administration of … the scheme’, within the meaning of section 146(4)(b) of the Pension Schemes Act 1993, as substituted.”

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily

Posted July 23rd, 2013 in disclosure, EC law, environmental protection, freedom of information, law reports by sally

Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291

“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”

WLR Daily 18th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 23rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Arnold v Britton & Ors [2013] EWCA Civ 902 (22 July 2013)

The Government Actuary’s Department, R (on the application of) v The Pensions Ombudsman [2013] EWCA Civ 901 (22 July 2013)

Fairstar Heavy Transport NV v Adkins & Anor [2013] EWCA Civ 886 (19 July 2013)

Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)

Court of Appeal (Criminal Division)

Bestel & Ors v R [2013] EWCA Crim 1305 (19 July 2013)

High Court (Administrative Court)

Attfield, R (on the application of) v London Borough of Barnet [2013] EWHC 2089 (Admin) (22 July 2013)

Extreme Oyster & Anor v Guildford Borough Council [2013] EWHC 2174 (Admin) (22 July 2013)

Webb v Solicitors Regulation Authority [2013] EWHC 2078 (Admin) (19 July 2013)

Shinwari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2148 (Admin) (19 July 2013)

UK Coal Mining Ltd v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2142 (Admin) (19 July 2013)

Newark & Sherwood District Council & Anor v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2162 (Admin) (19 July 2013)

High Court (Chancery Division)

Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch) (22 July 2013)

Masters v Barclays Bank Plc [2013] EWHC 2166 (Ch) (19 July 2013)

High Court (Commercial Court)

Sea Glory Maritime Co & Anor v Al Sagr National Insurance Co & Anor [2013] EWHC 2116 (Comm) (17 July 2013)

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)

High Court (Queen’s Bench Division)

Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)

AP (UK) Ltd v West Midland Fire & Civil Defence Authority [2013] EWHC 385 (QB) (22 July 2013)

Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)

High Court (Technology and Construction Court)

Corelogic Ltd v Bristol City Council [2013] EWHC 2088 (TCC) (18 July 2013)

Source: www.bailii.org

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Posted July 23rd, 2013 in appeals, education, immigration, law reports, service, sponsored immigrants, Supreme Court by sally

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51; [2013] WLR (D) 294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily

Posted July 23rd, 2013 in advertising, consumer protection, EC law, food, law reports by sally

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát: (Case C-299/12) ; [2013] WLR (D) 292

“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk