law reports – Page 165 – Current Awareness

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Regina v Williams (Orette) – WLR Daily

Posted October 23rd, 2012 in appeals, firearms, law reports by sally

Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279

“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11) – WLR Daily

Posted October 22nd, 2012 in EC law, fixed-term contracts, law reports by sally

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11); [2012] WLR (D) 278

“Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC, precluded national legislation which completely prohibited periods of service completed by a fixed term worker for a public authority being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, unless that prohibition was justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4). The mere fact that the fixed term worker completed those periods of service on the basis of a fixed term employment contract or relationship did not constitute such an objective ground.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365 (19 October 2012)

High Court (Chancery Division)

Revenue & Customs v Sunico A/S & Ors [2012] EWHC 2892 (Ch) (19 October 2012)

British Sky Broadcasting Group Plc v Digital Satellite Warranty Cover Ltd & Ors [2012] EWHC 2642 (Ch) (01 October 2012)

High Court (Administrative Court)

Care North East Newcastle, R (on the application of) v Newcastle City Council [2012] EWHC 2655 (Admin) (18 October 2012)

Secretary of State for the Home Department v CC and CF [2012] EWHC 2837 (Admin) (19 October 2012)

Aitchison, R (on the application of) v Sheffield Crown Court & Anor [2012] EWHC 2844 (Admin) (19 October 2012)

High Court (Patents Court)

Astrazeneca AB v Comptroller-General of Patents, Designs and Trade Marks [2012] EWHC 2840 (Pat) (19 October 2012)

High Court (Commercial Court)

Pathfinder Minerals Plc v Veloso & Ors [2012] EWHC 2856 (Comm) (19 October 2012)

Source: www.bailii.org

British Airways plc v Williams and others – WLR Daily

Posted October 19th, 2012 in airlines, EC law, holiday pay, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2012] UKSC 43; [2012] WLR (D) 277

“Where a group of airline pilots’ claimed that their paid annual leave (as required by a European Aviation Directive) should include their regular supplementary allowances as well as their basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had interpreted the Directive as requiring pay for annual leave to correspond to normal remuneration, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directive’s requirements as to paid annual leave did not preclude an employment tribunal from making such an assessment.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 19th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1339 (18 October 2012)

Ali v London Borough of Wandsworth [2012] EWCA Civ 1337 (18 October 2012)

High Court (Queen’s Bench Division)

Crispin v Webster [2012] EWHC 2836 (QB) (18 October 2012)

High Court (Administrative Court)

Braithwaite v Secretary of State for Communities and Local Government [2012] EWHC 2835 (Admin) (18 October 2012)

Yaacoub v General Medical Council [2012] EWHC 2779 (Admin) (18 October 2012)

Mulliqi, R (On the Application of) v The Secretary of State for the Home Department [2012] EWHC 2852 (Admin) (18 October 2012)

High Court (Commercial Court)

Petrochemical Industries Company (KSC) v The Dow Chemical Company [2012] EWHC 2739 (Comm) (11 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 18th, 2012 in law reports by sally

Supreme Court

British Airways plc v Williams & Ors [2012] UKSC 43 (17 October 2012)

Walton v The Scottish Ministers (Scotland) [2012] UKSC 44 (17 October 2012)

Court of Appeal (Civil Division)

Parkingeye Ltd v Somerfield Stores Ltd [2012] EWCA Civ 1338 (17 October 2012)

EM (Eritrea) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1336 (17 October 2012)

Amlin Corporate Member Ltd v Oriental Assurance Corporation [2012] EWCA Civ 1341 (17 October 2012)

HM Revenue and Customs v FCE Bank Plc [2012] EWCA Civ 1290 (17 October 2012)

High Court (Queen’s Bench Division)

Noordeen v Hill & Anor [2012] EWHC 2847 (QB) (17 October 2012)

Source: www.bailii.org

Ministry of Justice, Republic of Lithuania v Bucnys; Sakalis v Ministry of Justice, Republic of Lithuania; Lavrov v Ministry of Justice, Republic of Estonia – WLR Daily

Posted October 18th, 2012 in extradition, jurisdiction, law reports, warrants by sally

Ministry of Justice, Republic of Lithuania v Bucnys; Sakalis v Ministry of Justice, Republic of Lithuania; Lavrov v Ministry of Justice, Republic of Estonia [2012] EWHC 2771 (Admin); [2012] WLR (D) 276

“A certificate issued by the Serious Organised Crime Agency under section 2(7)(8) of the Extradition Act 2003 that a person or body that had issued a European arrest warrant had the function of issuing such warrants in the relevant territory was not conclusive that the person or body was a “judicial authority” for the purposes of either article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states or section 2(2) of the 2003 Act.”

WLR Daily, 12th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

MA v Camden & Ors [2012] EWCA Civ 1340 (16 October 2012)

Court of Appeal (Criminal Division)

Ezeemo & Ors v R. [2012] EWCA Crim 2064 (16 October 2012)

High Court (Chancery Division)

FW Farnsworth Ltd & Anor v Lacy & Ors [2012] EWHC 2830 (Ch) (16 October 2012)

Ojsc Tnk-BP Holding & Anor v Lazurenko [2012] EWHC 2781 (Ch) (16 October 2012)

High Court (Queen’s Bench Division)

Phaestos Ltd & Anor v Ho [2012] EWHC 2756 (QB) (16 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 16th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Cubells, R (on the application of) v Independent Police Complaints Commission [2012] EWCA Civ 1292 (15 October 2012)

High Court (Administrative Court)

Metropolitan Police Service, R (on the application of) v The Chairman of the Inquiry into the Death of Azelle Rodney & Ors [2012] EWHA 2783 (Admin) (15 October 2012)

High Court (Queen’s Bench Division)

BUQ v HRE [2012] EWHC 2827 (QB) (15 October 2012)

Source: www.bailii.org

Price v Cheshire East Borough Council – WLR daily

Posted October 16th, 2012 in jurisdiction, law reports, sentencing, trials by sally

Price v Cheshire East Borough Council: [2012] WLR (D) 275

“It was wrong in law, when determining mode of trial, for justices to directly apply Sentencing Council guidelines for a different offence to that faced by the defendant unless the sentencing guidelines were directly analogous or if there was a similar level of seriousness.”

WLR Daily, 11th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 15th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Musa & Ors v Holliday & Ors [2012] EWCA Civ 1268 (15 October 2012)

Muqtaar, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1270 (12 October 2012)

Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)

Simmons v Castle [2012] EWCA Civ 1288 (10 October 2012)

Court of Appeal (Criminal Division)

C v R. (Rev 2) [2012] EWCA Crim 2034 (09 October 2012)

High Court (Administrative Court)

Kent County Council, R (on the application of) v HM Coroner for the County of Kent (North-West District) & Ors [2012] EWHC 2768 (Admin) (15 October 2012)

SA (Iran), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2575 (Admin) (15 October 2012)

Ministry of Justice, Lithuania v Bucnys [2012] EWHC 2771 (Admin) (12 October 2012)

High Court (Chancery Division)

IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Ltd & Ors [2012] EWHC 2766 (Ch) (12 October 2012)

High Court (Family Division)

London Borough of Sutton v Gray & Ors [2012] EWHC 2604 (Fam) (12 October 2012)

London Borough of Sutton v Gray & Ors [2012] EWHC 2763 (Fam) (12 October 2012)

High Court (Queen’s Bench Division)

Harry v The General Medical Council [2012] EWHC 2762 (QB) (12 October 2012)

Patterson v Ministry of Defence [2012] EWHC 2767 (QB) (12 October 2012)

Source: www.bailii.org

Regina (Wilkinson) v HM Coroner for the Greater Manchester South District – WLR Daily

Posted October 15th, 2012 in careless driving, coroners, inquests, law reports, news, unlawful killing by sally

Regina (Wilkinson) v HM Coroner for the Greater Manchester South District: [2012] EWHC 2755 (Admin); [2012] WLR (D) 273

“Causing death by careless or inconsiderate driving contrary to section 2B of the Road Traffic Act 1988 should not be treated as ‘unlawful killing’ for the purposes of the conclusion of an inquest whatever conclusion might be reached in other contexts.”

WLR Daily, 11th October 2012

Source: www.iclr.co.uk

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Posted October 12th, 2012 in civil procedure rules, costs, law reports, part 36 offers, payment into court, split hearings by sally

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

R v Varma – WLR Daily

Posted October 12th, 2012 in conditional discharge, confiscation, Crown Court, law reports, proceeds of crime by sally

R v Varma [2012] UKSC 42; [2012] WLR (D) 270

“The Crown Court had the power and, in most cases, where the criteria in section 6 of the Proceeds of Crime Act 2002 were satisfied, the duty to make a confiscation order against a defendant following conviction for an offence in respect of which the defendant had received an absolute or a conditional discharge.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk