law reports – Page 137 – Current Awareness

“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily

Posted July 15th, 2013 in appeals, duty of care, employment, health & safety, law reports, robbery by sally

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277

“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others – WLR Daily

Posted July 15th, 2013 in documents, freedom of expression, human rights, law reports, news, privacy, private hearings, public interest by sally

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 819; [2013] WLR (D) 276

“The court would only depart from open justice if strictly necessary. An application to depart from the principle of open justice would fall to be decided by reference to established principles, whether the proceedings were at an interim or final stage. A significant erosion of the open justice principle could not be justified where adequate protection existed in the form of vindication of the innocent through the judicial process to trial. The public airing of allegations which might embarrass a litigant was not a good reason to close the doors of the court.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily

Posted July 12th, 2013 in appeals, disciplinary procedures, law reports, nurses, time limits by sally

Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818; [2013] WLR (D) 273

“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily

Posted July 12th, 2013 in appeals, imprisonment, judicial review, law reports, parole, public interest, recidivists, release on licence, sentencing, Supreme Court by sally

Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274

“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

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

Posted July 12th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by sally

Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49; [2013] WLR (D) 272

“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by sally

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816; [2013] WLR (D) 271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Black and another v Wilkinson – WLR Daily

Posted July 12th, 2013 in appeals, hotels, law reports, sexual orientation discrimination by sally

Black and another v Wilkinson: [2013] EWCA Civ 820; [2013] WLR (D) 270

“The defendant, who ran a bed and breakfast business from her home, unlawfully discriminated against the claimant homosexual partners by refusing, on the basis of her religious beliefs, to provide them with the double bedroom one of them had booked, contrary to the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Belgian Electronic Sorting Technology NV v Peelaers and another – WLR Daily

Posted July 12th, 2013 in advertising, consumer protection, domain names, EC law, law reports by sally

Belgian Electronic Sorting Technology NV v Peelaers and another: (Case C-657/11); [2013] WLR (D) 275

“Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended, meant that the term ‘advertising’ covered the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, was not encompassed by that term.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 12th, 2013 in law reports by sally

High Court (Chancery Division)

In the matter of Property Professionals & Ltd [2013] EWHC 1903 (Ch) (08 July 2013)

Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch) (10 July 2013)

Evegate Publishing Ltd v Newsquest Media (Southern) Ltd [2013] EWHC 1975 (Ch) (10 July 2013)

Smithton Ltd v Naggar [2013] EWHC 1961 (Ch) (11 July 2013)

Mukerjee (Née Sen) & Anor v Sen & Ors [2013] EWHC 1997 (Ch) (11 July 2013)

Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

High Court (Queen’s Bench)

Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

Thompson v Starr & Ors [2013] EWHC 1972 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

High Court (Administrative Court)

McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

Adler v Crown Prosecution Service [2013] EWHC 1968 (Admin) (09 July 2013)

Evans, R (on the application of) v HM Attorney General & Anor [2013] EWHC 1960 (Admin) (09 July 2013)

Massey, R (On the Application Of) v Secretary of State for Justice [2013] EWHC 1950 (Admin) (10 July 2013)

United Kingdom Assocation of Fish Producer Organisations v Secretary of State for Environment, Food And Rural Affairs [2013] EWHC 1959 (Admin) (10 July 2013)

Aston & Anor vThe Secretary of State for Communities And Local Government & Ors [2013] EWHC 1936 (Admin) (10 July 2013)

A, R (On the Application Of) v Cardiff County Council And Others [2011] EWHC 1216 (Admin) (07 March 2011)

Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (Admin) (10 July 2013)

The Church Commissioners for England v Hampshire County Council & Anor [2013] EWHC 1933 (Admin) (10 July 2013)

Government of the United States of America v Wood [2013] EWHC 1971 (Admin) (10 July 2013)

Miller v General Medical Council [2013] EWHC 1934 (Admin) (10 July 2013)

High Court (Family Division)

HB v PB [2013] EWHC 1956 (Fam) (09 July 2013)

High Court (Commercial Court)

NRE Coke Ltd & Anor v Coeclerici Asia (PTE) Ltd [2013] EWHC 1987 (Comm) (10 July 2013)

High Court (Patents Court)

Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2013] EWHC 1958 (Pat) (09 July 2013)

Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted July 11th, 2013 in law reports by sally

Supreme Court

Kapri v The Lord Advocate (representing The Government of the Republic of Albania) (Scotland) [2013] UKSC 48 (10 July 2013)

AA, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 49 (10 July 2013)

Court of Appeal (Criminal Division)

Sheard v R [2013] EWCA Crim 1161 (10 July 2013)

Court of Appeal (Civil Division)

Black & Anor v Wilkinson [2013] EWCA Civ 820 (09 July 2013)

Tattersall v Tattersall [2013] EWCA Civ 774 (09 July 2013)

Mertrux Ltd v HM Revenue and Customs [2013] EWCA Civ 821 (09 July 2013)

Starks v Chief Constable of Hertfordshire [2013] EWCA Civ 782 (09 July 2013)

Urban I (Blonk Street) Ltd v Ayres & Anor [2013] EWCA Civ 816 (05 July 2013)

Global Torch Ltd v Apex Global Management Ltd & Ors [2013] EWCA Civ 819 (10 July 2013)

Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

Lancaster City Council v Thomas Newall Ltd [2013] EWCA Civ 802 (11 July 2013)

CN, R (on the application of) v London Borough of Lewisham [2013] EWCA Civ 804 (11 July 2013)

ZH, R (on the application of) v London Borough of Newham [2013] EWCA Civ 805 (11 July 2013)

Merthyr Tydfil Car Auction Ltd v Thomas & Anor [2013] EWCA Civ 815 (11 July 2013)

Paratus Amc Ltd v Fosuhene [2013] EWCA Civ 827 (11 July 2013)

Adesina & Ors, R (on the application of) v The Nursing and Midwifery Council [2013] EWCA Civ 818 (09 July 2013)

Source: www.bailii.org

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – YouTube

Posted July 11th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by sally

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 49 | UKSC 2013/0032 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted July 9th, 2013 in law reports by sally

High Court (Chancery Division)

Vallee v Birchwood [2013] EWHC 1449 (Ch) (06 June 2013)

High Court (Family Division)

T v M [2013] EWHC 1585 (Fam) (23 April 2013)

High Court (Administrative Court)

Canterbury City Council v Knight [2013] EWHC 1329 (Admin) (03 May 2013)

West Sussex County Council v C [2013] EWHC 1757 (Admin) (30 April 2013)

Arowolo v Department for Work and Pensions [2013] EWHC 1671 (Admin) (30 April 2013)

Marzurkiewicz v District Court In Rzeszow Poland [2013] EWHC 1332 (Admin) (30 April 2013)

Nursing and Midwifery Council v Greenan [2013] EWHC 1256 (Admin) (24 April 2013)

Badzo v District Court In Rokycany Czech Republic [2013] EWHC 1331 (Admin) (01 May 2013)

Source: www.bailii.org

Regina v Sadique (Omar) – WLR Daily

Posted July 9th, 2013 in appeals, assisting offenders, crime, drug offences, law reports by sally

Regina v Sadique (Omar) [2013] EWCA Crim 1150 ; [2013] WLR (D) 269

“Section 46 of the Serious Crime Act 2007 created the offence of encouraging or assisting the commission of one or more offences. Its specific ingredients and the subsequent legislative provisions underlined that an indictment charging a section 46 offence of encouraging one or more offences was permissible.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Harvey – WLR Daily

Posted July 9th, 2013 in appeals, confiscation, crime, law reports, sentencing, valuation by sally

Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268

“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 9th, 2013 in amendments, appeals, civil procedure rules, law reports, planning, time limits by sally

San Vicente and another v Secretary of State for Communities and Local Government and others [2013] EWCA Civ 817; [2013] WLR (D) 267

“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk