“A complaint of racial discrimination by workers arising out of a ban preventing them from entering the workplace was not presented in time under section 68(1) of the Race Relations Act 1976 after a period of three months beginning with the date on which the ban had expired.”
WLR Daily, 4th December 2012
Source: www.iclr.co.uk
Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367
“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”
WLR Daily, 4th December 2012
Source: www.iclr.co.uk
High Court (Chancery Division)
Clinisupplies Ltd v Park & Ors [2012] EWHC 3453 (Ch) (05 December 2012)
High Court (Technology and Construction Court)
Cleightonhills v Bembridge Marine Ltd & Ors [2012] EWHC 3449 (TCC) (05 December 2012)
Source: www.bailii.org
JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366
“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365
“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364
“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
Regina v Smith (Mark) [2012] EWCA Crim 2566; [2012] WLR (D) 362
“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
J.OC, R v [2012] EWCA Crim 2458 (2 November 2012)
Smith v R. [2012] EWCA Crim 2566 (29 November 2012)
Court of Appeal (Civil Division)
Secret Hotels2 Ltd v Revenue and Customs [2012] EWCA Civ 1571 (03 December 2012)
Okoro & Anor v Taylor Woodrow Construction Ltd & Ors [2012] EWCA Civ 1590 (04 December 2012)
Tweedie & Anor v Souglides [2012] EWCA Civ 1546 (04 December 2012)
Davies v Watkins [2012] EWCA Civ 1570 (04 December 2012)
Brown & Ors v Innovatorone Plc & Ors [2012] EWCA Civ 1587 (04 December 2012)
High Court (Chancery Division)
Slocom Trading Ltd & Anor v Tatik Inc & Ors [2012] EWHC 3464 (Ch) (04 December 2012)
High Court (Administrative Court)
High Court (Family Court)
J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)
I (Habitual Residence), Re [2012] EWHC 3363 (Fam) (03 December 2012)
Source: www.bailii.org
High Court (Queen’s Bench Division)
Mengi v Hermitage [2012] EWHC 3445 (QB) (30 November 2012)
High Court (Chancery Division)
Chauvidul- AW v Phongphongsavat & Anor [2012] EWHC 3224 (Ch) (23 November 2012)
Arnold v Britton & Ors [2012] EWHC 3451 (Ch) (03 December 2012)
Source: www.bailii.org
Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360
“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”
WLR Daily, 30th November 2012
Source: www.iclr.co.uk
“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”
WLR Daily, 22nd December 2012
Source: www.iclr.co.uk
“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”
WLR Daily, 22nd November 2012
Source: www.iclr.co.uk
Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357
“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”
WLR Daily, 13th November 2012
Source: www.iclr.co.uk
Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356
“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)
Birmingham City Council v Ashton [2012] EWCA Civ 1557 (29 November 2012)
Court of Appeal (Criminal Division)
Ligaya Nursing v R [2012] EWCA Crim 2521 (30 November 2012)
Ravjani & Ors, R. v [2012] EWCA Crim 2519 (29 November 2012)
Shabir, R. v [2012] EWCA Crim 2564 (29 November 2012)
High Court (Administrative Court)
Patel v Solicitors Regulation Authority [2012] EWHC 3373 (Admin) (29 November 2012)
High Court (Chancery Division)
Royal Westminster Investments SA & Ors v Varma [2012] EWHC 3439 (Ch) (30 November 2012)
Sycamore Bidco Ltd v Breslin & Anor [2012] EWHC 3443 (Ch) (30 November 2012)
High Court (Patents Court)
Actavis Group HF v Eli Lilly & Company [2012] EWHC 3316 (Pat) (27 November 2012)
High Court (Queen’s Bench Division)
Hussain v King Edward VII Hospital [2012] EWHC 3441 (QB) (30 November 2012)
O’Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)
Harries v Stevenson [2012] EWHC 3447 (QB) (30 November 2012)
Light On Line Ltd & Anor v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB) (29 November 2012)
High Court (Technology and Construction Court)
Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2012] EWHC 3417 (TCC) (30 November 2012)
Source: www.bailii.org
Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355
“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470; [2012] WLR (D) 353
“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”
WLR Daily, 16th November 2012
Source: www.iclr.co.uk
Regina v Abbas and another: [2012] EWCA Crim 2517; [2012] WLR (D) 352
“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
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