law reports – Page 143 – Current Awareness

SS (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2013 in appeals, deportation, families, human rights, immigration, law reports by sally

SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550; [2013] WLR (D) 192

“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hobson v R. [2013] EWCA Crim 819 (23 May 2013)

Court of Appeal (Civil Division)

Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd [2013] EWCA Civ 577 (23 May 2013)

High Court (Queen’s Bench Division)

Corbett v Cumbria Kart Racing Club & Ors [2013] EWHC 1362 (QB) (22 May 2013)

High Court (Administrative Court)

Mustafa, R (on the application of) v The Office of the Independent Adjudicator for Higher Education [2013] EWHC 1379 (Admin) (23 May 2013)

Source: www.bailii.org

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted May 23rd, 2013 in accounts, EC law, HM Revenue & Customs, law reports, subsidiary companies, Supreme Court, taxation by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2013] UKSC 30 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court

Posted May 23rd, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court

Posted May 23rd, 2013 in admissibility, fingerprints, law reports, Northern Ireland, Supreme Court by sally

Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily

Posted May 23rd, 2013 in accounts, EC law, HM Revenue & Customs, law reports, subsidiary companies, Supreme Court, taxation by sally

Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191

“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Regina (EO and others) v Secretary of State for the Home Department – WLR Daily

Posted May 23rd, 2013 in asylum, detention, immigration, law reports, torture by sally

Regina (EO and others) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin); [2013] WLR (D) 190

“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

AAA v Associated Newspapers Ltd – WLR Daily

Posted May 23rd, 2013 in appeals, confidentiality, damages, freedom of expression, injunctions, law reports, media, paternity, privacy, public interest by sally

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189

“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily

Posted May 23rd, 2013 in appeals, documents, law reports, local government, rights of way by sally

Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186

“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily

Posted May 23rd, 2013 in appeals, ASBOs, gangs, injunctions, law reports, local government, violence by sally

Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185

“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Supreme Court

Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013)

Revenue and Customs v Marks and Spencer plc [2013] UKSC 30 (22 May 2013)

Public Prosecution Service v McKee (Northern Ireland) [2013] UKSC 32 (22 May 2013)

Court of Appeal (Civil Division)

Sandiford, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 581 (22 May 2013)

HSBC Bank Plc v Tambrook Jersey Ltd [2013] EWCA Civ 576 (22 May 2013)

Mohan v Mohan [2013] EWCA Civ 586 (22 May 2013)

Novartis AG v Hospira UK Ltd [2013] EWCA Civ 583 (22 May 2013)

Hill, R (on the application of) v Institute of Chartered Accountants In England and Wales [2013] EWCA Civ 555 (22 May 2013)

Hide v The Steeplechase Company (Cheltenham) Ltd & Ors [2013] EWCA Civ 545 (22 May 2013)

High Court (Chancery Division)

Doosan Power Systems Ltd v Babcock International Group Plc & Anor [2013] EWHC 1364 (Ch) (22 May 2013)

High Court (Administrative Court)

M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013)

High Court (Commercial Court)

E & Ors v M [2013] EWHC 895 (Comm) (08 May 2013)

High Court (Patents Court)

Generics (UK) Ltd (t/a Mylan) v Novartis Ag [2013] EWHC 886 (Pat) (12 April 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

ITN News & Ors v R [2013] EWCA Crim 773 (21 May 2013)

Johal, R. v [2013] EWCA Crim 647 (19 April 2013)

Joseph Hill & Company, Solicitors, Re Wasted Costs Order Made Against [2013] EWCA Crim 775 (21 May 2013)

Court of Appeal (Civil Division)

Soares v Secretary of State for the Home Department [2013] EWCA Civ 575 (21 May 2013)

Actavis Group HF v Eli Lilly & Company [2013] EWCA Civ 517 (21 May 2013)

High Court (Queen’s Bench Division)

IA, R (on the application of) v City of Westminster Council [2013] EWHC 1273 (QB) (20 May 2013)

High Court (Chancery Division)

Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch) (21 May 2013)

Y County Council v ZZ [2012] EWHC B34 (Ch) (25 July 2012)

High Court (Administrative Court)

Calland, R (on the application of) v Financial Ombudsman Service Ltd [2013] EWHC 1327 (Admin) (21 May 2013)

Mary George Ltd, R (on the application of) v Care Quality Commission & Anor [2013] EWHC 1341 (Admin) (21 May 2013)

Kaiyam, R (on the application of) v Secretary of State for Justice [2013] EWHC 1340 (Admin) (21 May 2013)

High Court (Commercial Court)

Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd [2013] EWHC 1276 (Comm) (20 May 2013)

X v Y [2013] EWHC 1104 (Comm) (07 May 2013)

JSC BTA Bank v Ablyazov [2013] EWHC 1361 (Comm) (25 April 2013)

Campbell v Public Prosecutor of the Grande Instance Tribunal of St-Malo, France [2013] EWHC 1288 (Admin) (20 May 2013)

Source: www.bailii.org

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 21st, 2013 in law reports by sally

Court of Appeal (Civil Division)

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 (20 May 2013)

Trail Riders Fellowship & Anor, R (on the application of) v Dorset County Council & Ors [2013] EWCA Civ 553 (20 May 2013)

High Court (Administrative Court)

Commissioner of Police of the Metropolis v The Police Medical Appeal Board [2013] EWHC 1203 (Admin) (17 May 2013)

Rehman, R (on the application of) v Secretary of State of the Home Department [2013] EWHC 1280 (Admin) (17 May 2013)

Source: www.bailii.org

Joyce v O’Brien and another – WLR Daily

Posted May 20th, 2013 in causation, ex turpi causa, joint enterprise, law reports, negligence, personal injuries by sally

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Posted May 20th, 2013 in appeals, charities, environmental protection, fisheries, joint liability, law reports by sally

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council – WLR Daily

Posted May 20th, 2013 in appeals, homelessness, housing, law reports, local government by sally

Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180

“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk