law reports – Page 144 – Current Awareness

Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Newhaven Port & Properties Ltd, R (on the application of) v Secretary of State for the Environment Food and Rural Affairs [2013] EWCA Civ 673 (14 June 2013)

Okotoks Ld & Anor v Fine & Country Ltd & Ors [2013] EWCA Civ 672 (14 June 2013)

Lumos Skincare Ltd v Sweet Squared Ltd. & Ors [2013] EWCA Civ 671 (14 June 2013)

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013)

Birch v Ministry of Defence [2013] EWCA Civ 676 (14 June 2013)

Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665 (14 June 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Ors v The Serious Fraud Office (SFO) [2013] EWHC 1578 (QB) (14 June 2013)

Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd [2013] EWHC 1653 (QB) (14 June 2013)

Mehjoo v Harben Barker (a firm) & Anor [2013] EWHC 1669 (QB) (14 June 2013)

Lombard North Central Plc v Nugent & Ors [2013] EWHC 1588 (QB) (06 June 2013)

High Court (Chancery Division)

Peel Land and Property (Ports No.3) Ltd v TS Sheerness Steel Ltd [2013] EWHC 1658 (Ch) (14 June 2013)

MF Global UK Ltd (in special administration), Re [2013] EWHC 1655 (Ch) (14 June 2013)

Revenue & Customs v SED Essex Ltd [2013] EWHC 1583 (Ch) (14 June 2013)

High Court (Family Division)

CM v The Executor of the Estate of EJ & Ors [2013] EWHC 1680 (Fam) (14 June 2013)

High Court (Administrative Court)

Borough of Telford and Wrekin & Anor v Secretary of State for Communities and Local Government [2013] EWHC 1638 (Admin) (14 June 2013)

Arranz v Spanish Judicial Authority [2013] EWHC 1662 (Admin) (14 June 2013)

High Court (Commercial Court)

Tullow Uganda Ltd v Heritage Oil and Gas Ltd & Anor [2013] EWHC 1656 (Comm) (14 June 2013)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1) [2013] EWHC 1666 (Comm) (14 June 2013)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors (Rev 1) [2013] EWHC 1667 (Comm) (14 June 2013)

High Court (Technology and Construction Court)

Elvanite Full Circle Ltd. v Amec Earth & Environmental (UK) Ltd. [2013] EWHC 1643 (TCC) (14 June 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 14th, 2013 in law reports by sally

Supreme Court

Apollo Engineering Ltd v James Scott Ltd (Scotland) [2013] UKSC 37 (13 June 2013)

O’Neill v Her Majesty’s Advocate No 2 (Scotland) [2013] UKSC 36 (13 June 2013)

Court of Appeal (Civil Division)

H-L (A Child), Re [2013] EWCA Civ 655 (13 June 2013)

Virk & Ors v Secretary of State for the Home Department [2013] EWCA Civ 652 (12 June 2013)

NN (South Africa) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 653 (12 June 2013)

Howard v Howard -Lawson [2013] EWCA Civ 654 (12 June 2013)

Willford, R (on the application of) v Financial Services Authority (FSA) [2013] EWCA Civ 677 (13 June 2013)

High Court (Queen’s Bench Division)

Garner v Salford City Council & Anor [2013] EWHC 1573 (QB) (13 June 2013)

High Court (Chancery Division)

JW Spear & Sons Ltd & Ors v Zynga Inc [2013] EWHC 1640 (Ch) (13 June 2013)

High Court (Family Division)

LCG v RL [2013] EWHC 1383 (Fam) (23 May 2013)

High Court (Administrative Court)

Afework, R (on the application of) v London Borough of Camden [2013] EWHC 1637 (Admin) (13 June 2013)

Bayliss v Secretary of State for Communities and Local Government & Ors [2013] EWHC 1612 (Admin) (13 June 2013)

High Court (Commercial Court)

Dar Al Arkan Real Estate Development Com. v Al Refai & Ors [2013] EWHC 1630 (Comm) (12 June 2013)

High Court (Patents Court)

Destra Software Ltd v Comada (UK) LLP & Ors [2013] EWHC 1575 (Pat) (11 June 2013)

Source: www.bailii.org

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Posted June 14th, 2013 in abuse of process, insurance, law reports, malicious prosecution, Privy Council, surveyors by sally

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) – Supreme Court

Posted June 14th, 2013 in human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) [2013] UKSC 36 (YouTube)

Supreme Court, 13th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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

Posted June 13th, 2013 in appeals, conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 642; [2013] WLR (D) 228

“The phrase ‘members of his family forming part of his household’ in section 20(1)(b) of the State Immunity Act 1978 should not be given a wider meaning in relation to heads of state than it had in relation to diplomats. Thus a head of state’s ‘household’ was restricted to spouses, civil partners, dependent children and relatives.”

WLR Daily, 11th June 2013

Source: www.iclr.co.uk

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily

Posted June 13th, 2013 in appeals, company law, EC law, insolvency, jurisdiction, law reports, news, winding up by sally

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643; [2013] WLR (D) 227

“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re B (A Child)(Care Proceedings: Threshold Criteria) – WLR Daily

Posted June 13th, 2013 in appeals, care orders, children, law reports, Supreme Court by sally

In re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] WLR (D) 226

“Determinations by the judge that the statutory threshold criteria were crossed for the making of a care order under section 31(2) of the Children Act 1989 and that such an order should be made were evaluative judgments with which the appellate court, exercising a review jurisdiction, should only interfere if it were satisfied that the judgments were wrong.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, disclosure, law reports, liquidators, time limits by sally

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others [2013] EWHC 1562 (Ch); [2013] WLR (D) 225

“The court must exercise its discretion when considering an application for an extension of time for compliance with a deadline stipulated in a court order by simply having regard to the overriding objective of the court to deal with cases justly pursuant to CPR r 1.1(1), notwithstanding that CPR r 1.1(2) had been amended to include the enforcement of compliance with court orders.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Group Seven Ltd v Allied Investment Corpn Ltd and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, company law, debts, injunctions, law reports, shareholders by sally

Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224

“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re GP Aviation Group International Ltd (in liquidation) – WLR Daily

Posted June 13th, 2013 in appeals, insolvency, law reports, liquidators by sally

In re GP Aviation Group International Ltd (in liquidation) [2013] EWHC 1447 (C; [2013] WLR (D) 223

“A bare right to appeal was not property within the meaning of section 436 of the Insolvency Act 1986.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Reading Borough Council v Holt – WLR Daily

Posted June 13th, 2013 in appeals, housing, landlord & tenant, law reports, local government, repossession by sally

Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222

“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) – WLR Daily

Posted June 13th, 2013 in appeals, law reports, shipping law by sally

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] EWCA Civ 650; [2013] WLR (D) 221

A shipowner was entitled (1) to refuse to deliver up cargo covered by a bill of lading to the consignee under that bill, in exercise of its lien for general average contribution for that cargo, notwithstanding receipt of an unlimited guarantee from the insurers of the cargo undertaking in consideration of delivery to pay any general average contribution due in respect of the cargo; and (2) to recover storage and other expenses incurred by it in exercising its lien after the cargo was discharged from the vessel.

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) – Supreme Court

Posted June 13th, 2013 in appeals, arbitration, foreign jurisdictions, injunctions, law reports, Supreme Court by sally

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) [2013] UKSC 35 | UKSC 2011/0172

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) – Supreme Court

Posted June 13th, 2013 in company law, divorce, financial provision, law reports, Supreme Court by sally

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) [2013] UKSC 34 | UKSC 2013/0004 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted June 12th, 2013 in law reports by sally

Supreme Court

Ust -Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 (12 June 2013)

B (a Child), Re [2013] UKSC 30 (12 June 2013)

Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 (12 June 2013)

Court of Appeal (Criminal Division)

Freeland, R. v [2013] EWCA Crim 928 (11 June 2013)

Court of Appeal (Civil Division)

Atlantic Electronics Ltd.v Revenue and Customs [2013] EWCA Civ 651 (12 June 2013)

Al Saud & Anor v Apex Global Management Ltd [2013] EWCA Civ 642 (11 June 2013)

JB (Jamaica), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 666 (12 June 2013)

High Court (Queen’s Bench Division)

Euromark Ltd v Smash Enterprises Pty Ltd [2013] EWHC 1627 (QB) (06 June 2013)

Euromoney Institutional Investor Plc v Aviation News Ltd & Anor [2013] EWHC 1505 (QB) (12 June 2013)

High Court (Chancery Division)

Hart & Anor v Burbidge & Ors [2013] EWHC 1628 (Ch) (12 June 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1484 (Ch) (12 June 2013)

Royal Mail Group Ltd v Evans & Ors [2013] EWHC 1572 (Ch) (11 June 2013)

High Court (Administrative Court)

RK, R (on the application of) v South Yorkshire Police & Anor [2013] EWHC 1555 (Admin) (10 June 2013)

AHK & Ors v Secretary of State for the Home Department [2013] EWHC 1426 (Admin) (07 June 2013)

Holder, R (on the application of) v Gedling Borough Council [2013] EWHC 1611 (Admin) (12 June 2013)

Source: www.bailii.org

Hay and others v Gilgrove Ltd and another – WLR Daily

Posted June 12th, 2013 in appeals, contract of employment, employment tribunals, law reports, markets, remuneration by sally

Hay and others v Gilgrove Ltd and another [2013] EWCA Civ 412; [2013] WLR (D) 220

“On the true construction of a collective agreement incorporated into the claimants’ contracts all who performed the role of a market porter, whether registered or unregistered, were entitled to share equally in ‘porterage’ charges made by the employer to customers for the movement of goods.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Posted June 12th, 2013 in appeals, damages, homelessness, law reports, malicious prosecution, Privy Council, rape by sally

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 11th, 2013 in law reports by sally

Court of Appeal (Civil Division)

de Ferranti & Anor v Execuzen Ltd [2013] EWCA Civ 592 (10 June 2013)

Court of Appeal (Criminal Division)

X Ltd, R. v [2013] EWCA Crim 818 (23 May 2013)

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

High Court (Administrative Court)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWHC 1502 (Admin) (11 June 2013)

Warnborough College Ltd., R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1510 (Admin) (10 June 2013)

High Court (Family Division)

A Council v M & Ors (Judgment 4: Foreign Adoption: Refusal of Recognition) [2013] EWHC 1501 (Fam) (06 June 2013)

High Court (Queen’s Bench Division)

Harris & Anor v Charalambous [2013] EWHC 1317 (QB) (07 June 2013)

Source: www.bailii.org

ZZ (France) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in confidentiality, disclosure, EC law, evidence, freedom of movement, immigration, law reports by sally

ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218

“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk