law reports – Page 138 – Current Awareness

“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”

WLR Daily, 2nd July 2013

Source: www.iclr.co.uk

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by sally

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46; [2013] WLR (D) 265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 5th, 2013 in appeals, employment, equal pay, law reports, local government, sex discrimination, Supreme Court by sally

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ; [2013] WLR (D) 264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 4th, 2013 in law reports by sally

Supreme Court

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (3 July 2013)

Sturnham, R (on the application of) v The Parole Board of England and Wales & Anor (No. 2) [2013] UKSC 47 (3 July 2013)

Court of Appeal (Criminal Division)

Harvey, R. v (Rev 1) [2013] EWCA Crim 1104 (03 July 2013)

Court of Appeal (Civil Division)

Smart v The Forensic Science Service Ltd [2013] EWCA Civ 783 (02 July 2013)

S (A Child) & Ors v Nottingham City Council & Ors [2013] EWCA Civ 771 (02 July 2013)

Force India Formula One Team Ltd v Aerolab Srl & Anor [2013] EWCA Civ 780 (03 July 2013)

Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 772 (19 June 2013)

McKillen v (Misland (Cyprus) Investments Ltd & Ors [2013] EWCA Civ 781 (03 July 2013)

Malik v Fassenfelt & Ors [2013] EWCA Civ 798 (03 July 2013)

Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky & Ors [2013] EWCA Civ 784 (02 July 2013)

Williams v Central Bank of Nigeria [2013] EWCA Civ 785 (02 July 2013)

High Court (Queen’s Bench Division)

Say v Howard Gurpinar LLP [2013] EWHC 1386 (QB) (08 March 2013)

Travel and Holidays v Hajj Charter [2013] EWHC 1212 (QB) (28 February 2013)

Lord Chancellor v Woodhall [2013] EWHC 764 (QB) (20 February 2013)

High Court (Administrative Court)

Rrapaj & Ors v Director of Legal Aid Casework & Anor [2013] EWHC 1837 (Admin) (02 July 2013)

Agyeikum, R (on the application of) v SSHD [2013] EWHC 1828 (Admin) (02 July 2013)

Manning, R (on the application of) v Secretary of State for Justice [2013] EWHC 1821 (Admin) (03 July 2013)

Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1878 (Admin) (03 July 2013)

Stern, R (on the application of) v Horsham District Council [2013] EWHC 1460 (Admin) (01 May 2013)

Richards v Government of Ghana [2013] EWHC 1254 (Admin) (16 April 2013)

Janaszek v Circuit Court In Plock (Polish Judicial Authority) [2013] EWHC 1880 (Admin) (03 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1891 (Admin) (03 July 2013)

High Court (Family Division)

HJ (A Child) [2013] EWHC 1867 (Fam) (02 July 2013)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & 16 Ors [2013] EWHC 1869 (Comm) (02 July 2013)

High Court (Technology and Construction Court)

FG Skerritt Ltd v Caledonian Building Systems Ltd [2013] EWHC 1898 (TCC) (03 July 2013)

Source: www.bailii.org

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263

“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner – WLR Daily

Posted July 2nd, 2013 in appeals, crime, evidence, interception, investigatory powers, law reports, telecommunications by sally

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner [2013] EWCA Crim 1026; [2013] WLR (D) 262

“A voicemail message which had been received by the intended recipient and subsequently stored in the telecommunications system of the network provider so that the intended recipient might thereafter have continued access to it by playing back the message, remained “in the course of transmission”. The interception of such a voicemail message intentionally and without lawful authority was therefore an offence contrary to section 1 of Regulation of Investigatory Powers Act 2000.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London – WLR Daily

Posted July 2nd, 2013 in civil procedure rules, inquests, judicial review, law reports, news, public interest immunity by sally

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin); [2013] WLR (D) 261

“It was a matter for the court in the exercise of its case management powers, having regard to the overriding objective to deal with cases justly, whether persons directly affected by judicial review proceedings should be joined as interested parties.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 1st, 2013 in law reports by sally

High Court (Administrative Court)

Alighanbari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1818 (Admin) (01 July 2013)

Jaspers (Treburley) Ltd & Ors, R (on the application of) v Food Standards Agency [2013] EWHC 1788 (Admin) (28 June 2013)

Howard, R (on the application of) v The Official Receiver [2013] EWHC 1839 (Admin) (28 June 2013)

South Tyneside Care Home Owners Association & Ors, R (on the application of) v South Tyneside Council [2013] EWHC 1827 (Admin) (28 June 2013)

Thompson, R (on the application of) v Oxford City Council [2013] EWHC 1819 (Admin) (28 June 2013)

High Court (Chancery Division)

Green v Astor & Ors [2013] EWHC 1857 (Ch) (28 June 2013)

British Sky Broadcasting Group Plc & Ors v Microsoft Corporation Microsoft & Anor [2013] EWHC 1826 (Ch) (28 June 2013)

High Court (Technology and Construction Court)

Westshield Civil Engineering Ltd & Anor v Buckingham Group Contracting Ltd [2013] EWHC 1825 (TCC) (28 June 2013)

Source: www.bailii.org.uk

Regina v Austin (Herbert) – WLR Daily

Posted July 1st, 2013 in abuse of process, appeals, conspiracy, Crown, disclosure, evidence, judiciary, law reports, proceeds of crime, public interest immunity by sally

Regina v Austin (Herbert): [2013] EWCA Crim 1028; [2013] WLR (D) 257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by sally

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted July 1st, 2013 in EC law, families, freedom of movement, law reports, married persons, retirement by sally

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775; [2013] WLR (D) 259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

BAILII: Recent Deicsions

Posted June 28th, 2013 in law reports by sally

Court of Appeal (Civil Division)

AR (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 778 (28 June 2013)

RM (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 775 (28 June 2013)

Intrigue Shipping Inc & Ors v Nikitin & Ors [2013] EWCA Civ 749 (27 June 2013)

Court of Appeal (Criminal Division)

Saunders & Ors v R [2013] EWCA Crim 1027 (28 June 2013)

Lawrence, R v [2013] EWCA Crim 1054 (28 June 2013)

Edmondson & Ors v R. [2013] EWCA Crim 1026 (28 June 2013)

Tahery, R. v [2013] EWCA Crim 1053 (27 June 2013)

Austin, R. v [2013] EWCA Crim 1028 (27 June 2013)

McNally v R. [2013] EWCA Crim 1051 (27 June 2013)

High Court (Administrative Court)

Simpson & Ors, R (on the application of) v Chief Constable of Greater Manchester Police [2013] EWHC 1858 (Admin) (28 June 2013)

Derbyshire County Council v High Peak Magistrates’ Court [2013] EWHC 1762 (Admin) (27 June 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin) (27 June 2013)

High Court (Family Division)

UL v BK [2013] EWHC 1735 (Fam) (24 June 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 1790 (TCC) (27 June 2013)

Igloo Regeneration (General Partner) Ltd & Ors v Powell Williams Partnership [2013] EWHC 1718 (TCC) (24 June 2013)

Source: www.bailii.org.uk

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

Posted June 28th, 2013 in appeals, charities, HM Revenue & Customs, law reports, sale of land, stamp duty, taxation by sally

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753; [2013] WLR (D) 255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

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

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by sally

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666; [2013] WLR (D) 252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by sally

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754; [2013] WLR (D) 253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013

Source: www.iclr.co.uk