Category: law reports
Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily
“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
KL, R. v [2013] EWCA Crim 98 (22 January 2013)
Ahmed, R. v [2012] EWCA Crim 99 (24 January 2013)
Rabheru, R. v [2013] EWCA Crim 137 (25 January 2013)
Evans, R. v [2013] EWCA Crim 125 (23 January 2013)
Pouladian-Kari v R [2013] EWCA Crim 158 (22 February 2013)
Court of Appeal (Civil Division)
IG Index Ltd v Ehrentreu [2013] EWCA Civ 95 (22 February 2013)
High Court (Chancery Division)
Chemistree Homecare Ltd v Abbvie Ltd [2013] EWHC 264 (Ch) (11 February 2013)
Hunt v Hosking & Ors [2013] EWHC 311 (Ch) (22 February 2013)
High Court (Queen’s Bench Division)
New Forest District Council v Owen & Ors [2013] EWHC 265 (QB) (22 February 2013)
High Court (Family Division)
TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) (21 February 2013)
High Court (Commercial Court)
Navig8 PTE Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm) (22 February 2013)
Source: www.bailii.org
Salgado González v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily
“Article 48FEU of the FEU Treaty and articles 3, 46(2)(a) and 47(1)(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (as amended), precluded legislation of a member state under which the theoretical amount of the retirement pension of a self-employed worker, migrant or non-migrant, was invariably calculated on contribution bases paid by that worker over a fixed reference period preceding the payment of his last contribution in that member state, to which a fixed divisor was applied, when it was impossible for either the duration of that period or the divisor to be adapted so as to take account of the fact that the worker concerned had exercised his right to freedom of movement.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
Regina v Asmelash – WLR Daily
Regina v Asmelash [2013] EWCA Crim 157; [2013] WLR (D) 79
“There was nothing in the new statutory provisions relating to the partial defence to murder of loss of self control to suggest that Parliament intended that the normal rules which applied to voluntary intoxication should not apply. That did not mean that a defendant who had been drinking was deprived of the loss of control defence, it just meant that the defence had to be approached without reference to the defendant’s voluntary intoxication.”
WLR Daily, 22nd February 2013
Source: www.iclr.co.uk
Davis and another v Price and another – WLR Daily
Davis and another v Price and another [2013] EWHC 323 (Ch); [2013] WLR (D) 78
“Statutory demands served in respect of the liability for a debt created by an order for costs were subject to the terms of individual voluntary arrangements (‘IVAs’) proposed by the debtors and approved by creditors and therefore they should be set aside.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt – WLR Daily
N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77
“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
Banif Plus Bank Zrt v Csipai and another – WLR Daily
Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76
“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza – WLR Daily
The exclusive right of the proprietor of a Community trade mark conferred by article 9(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extended to a third-party proprietor of a later registered Community trade mark, without the need for that later mark to have previously been declared invalid.
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
In re J (Children) (Care Proceedings: Threshold Criteria) – WLR Daily
In re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9; [2013] WLR (D) 74
“A real possibility that a parent had harmed a child in the past was not, by itself, sufficient to establish that some other child that he or she now had care of was ‘likely to suffer significant harm’ within the meaning of section 31(2)(a) of the Children Act 1989 so as to meet the threshold for initiating care proceedings in respect of that other child.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily
“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Hooper and another v Oates – WLR Daily
Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72
“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily
“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Shillam v R [2013] EWCA Crim 160 (22 February 2013)
Asmelash v R [2013] EWCA Crim 157 (22 February 2013)
Court of Appeal (Civil Division)
BAA Ltd v Revenue and Customs [2013] EWCA Civ 112 (21 February 2013)
Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 (21 February 2013)
Dear & Anor v Jackson [2013] EWCA Civ 89 (22 February 2013)
High Court (Chancery Division)
Marconi Corporation Plc (now Telent Limited), Re [2013] EWHC 324 (Ch) (21 February 2013)
Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 273 (Ch) (21 February 2013)
Davis & Anor v Price & Anor [2013] EWHC 323 (Ch) (21 February 2013)
High Court (Queen’s Bench Division)
McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)
McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)
High Court (Administrative Court)
Ahzaz v The United States of America [2013] EWHC 216 (Admin) (21 February 2013)
High Court (Technology and Construction Court)
Zennstrom & Anor v Fagot & Ors [2013] EWHC 288 (TCC) (21 February 2013)
Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) (22 February 2013)
Source: www.bailii.org
Ricoh Europe Holdings BV and others v Spratt and another – WLR Daily
Ricoh Europe Holdings BV and others v Spratt and another [2013] EWCA Civ 92; [2013] WLR (D) 70
“A liquidator who had already valued a creditor’s contingent claims pursuant to rule 4.86 of the Insolvency Rules 1986 and so admitted them to proof in the amount of the valuation was not under a duty to provide for the contingency in full by making a reserve against any distribution to members.”
WLR Daily, 19th February 2013
Source: www.iclr.co.uk
In re L and another (Children) (Preliminary Finding: Power to Reverse) – WLR Daily
“Contrary to the practice previously adopted, a judge’s power to reverse his or her decision at any time before the court order had been sealed was not reserved for exceptional circumstances. A carefully considered change of mind by the judge was permisssible in the interests of the overriding objective of dealing with a case justly.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Regina (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions – WLR Daily
“The regime for the provision of housing benefit to private sector tenants enabled the Secretary of State for Work and Pensions to cap increases in permitted levels of housing benefit by reference to the general rate of inflation.”
WLR Daily, 15th February 2013
Source: www.iclr.co.uk
Santander UK plc v Harrison and another – WLR Daily
Santander UK plc v Harrison and another [2013] EWHC 199 (QB); [2013] WLR (D) 67
“The rescheduling of a mortgage agreement did not amount to providing credit ‘in the form of a cash loan’ for the purposes of article 4(1) of the Consumer Credit Act 2006 (Commencement No 4 and Transitional Provisions) Order 2008.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
H (A Protected Party) v Commissioner of Police of the Metropolis – WLR Daily
“The statutory defence in section 5 of the Mental Capacity Act 2005 did not impose impossible demands on those who did acts in connection with the care or treatment of others who lacked capacity. It required no more than what was reasonable, practical and appropriate. What that entailed depended on all the circumstances.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
Tamiz v Google Inc and another – WLR Daily
Tamiz v Google Inc and another [2013] EWCA Civ 68; [2013] WLR (D) 65
“An internet service provider which supplied a platform for blogs and various tools to assist the blogger, and which was able to remove or block access to blogs when alerted to the fact that they breached its own terms and conditions, could be potentially liable for defamatory comments posted on a blog once it had received notification and had had sufficient time to act. A defence might be available under section 1 of the Defamation Act 1996, but if the potential liability would be so trivial because of the short period of time between notification of the complaint and removal of the offending material, the maintenance of the proceedings could not be justified.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
