law reports – Page 166 – Current Awareness

“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”

WLR Daily, 27th September 2012

Source: www.iclr.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

In re G (Children: Religious upbringing) – WLR Daily

Posted October 11th, 2012 in appeals, education, Judaism, law reports, parental rights by sally

In re G (Children: Religious upbringing) [2012] EWCA Civ 1233; [2012] WLR (D) 265

“In a case in which a marriage had irretrievably broken down, and the parents were unable to agree as to the precise religious nature of their children’s future education, care was required in looking to the welfare of the children and weighing up the relevant factors.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 10th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Rance v R. [2012] EWCA Crim 2023 (09 October 2012)

Calvert v R. [2012] EWCA Crim 2034 (09 October 2012)

Khaleel v R. [2012] EWCA Crim 2035 (09 October 2012)

Court of Appeal (Civil Division)

Sunderland City Council, R (on the application of) v South Tyneside Council [2012] EWCA Civ 1232 (09 October 2012)

High Court (Queen’s Bench Division)

Beasley v Alexander [2012] EWHC 2715 (QB) (09 October 2012)

High Court (Chancery Division)

Harsten Developments Ltd v Eaken & Ors [2012] EWHC 2704 (Ch) (09 October 2012)

High Court (Administrative Court)

MA, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2683 (Admin) (05 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 9th, 2012 in law reports by sally

High Court (Chancery Division)

Angel Group Ltd v British Gas Trading Ltd [2012] EWHC 2702 (Ch) (08 October 2012)

High Court (Technology and Construction Court)

Alstom Power Ltd v Somi Impianti SRL [2012] EWHC 2644 (TCC) (08 October 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 2698 (Comm) (08 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 8th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Mutua & Ors v The Foreign And Commonwealth Office [2012] EWHC 2678 (QB) (05 October 2012)

High Court (Chancery Division)

Hellard & Anor v Mitchell [2012] EWHC 2656 (Ch) (21 August 2012)

Various Claimants v News Group Newspapers Ltd & Anor [2012] EWHC 2692 (Ch) (05 October 2012)

High Court (Administrative Court)

Lyon, R (on the application of) v Cambridge City Council & Anor [2012] EWHC 2684 (Admin) (05 October 2012)

Source: www.bailii.org

BAILII Recent Decisions

Posted October 5th, 2012 in law reports by sally

Court of Appeal (Civil Division)

G (Children), Re [2012] EWCA Civ 1233 (04 October 2012)

Langsam v Beachcroft LLP & Ors [2012] EWCA Civ 1230 (04 October 2012)

Bradbury & Ors v Taylor & Anor [2012] EWCA Civ 1208 (04 October 2012)

Stannard (t/a Wyvern Tyres) v Gore [2012] EWCA Civ 1248 (04 October 2012)

Deripaska v Cherney [2012] EWCA Civ 1235 (03 October 2012)

Court of Appeal (Criminal Division)

Mulgrew & Anor v R. [2012] EWCA Crim 2008 (04 October 2012)

High Court (Administrative Court)

Netjets Management Ltd v Central Arbitration Committee & Anor [2012] EWHC 2685 (Admin) (05 October 2012)

High Court (Chancery Division)

Sandhu v Kaur [2012] EWHC 2679 (Ch) (04 October 2012)

Newcastle International Airport Ltd (NIAL) v Eversheds LLP [2012] EWHC 2648 (Ch) (02 October 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 1st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Riat & Ors v R. [2012] EWCA Crim 1509 (11 July 2012)

Lawlor, R. v [2012] EWCA Crim 1870 (02 August 2012)

Lawson, R. v [2012] EWCA Crim 1931 (27 July 2012)

Johnson, R. v [2012] EWCA Crim 1863 (26 July 2012)

Anderson, R. v [2012] EWCA Crim 1785 (20 July 2012)

Chaytors, R. v [2012] EWCA Crim 1810 (13 July 2012)

Burton, R. v [2012] EWCA Crim 1781 (12 July 2012)

Dare v Crown Prosecution Service [2012] EWHC 2074 (Admin) (13 July 2012)

High Court (Chancery Division)

Ross River Ltd & Anor v Waveley Commercial Ltd & Ors [2012] EWHC 2487 (Ch) (06 September 2012)

Coventry School Foundation v Whitehouse & Ors [2012] EWHC 2351 (Ch) (10 August 2012)

High Court (Family Division)

D And L (Minors Surrogacy), Re [2012] EWHC 2631 (Fam) (28 September 2012)

High Court (Technology and Construction Court)

AG Quidnet Hounslow LLP v London Borough of Hounslow [2012] EWHC 2639 (TCC) (28 September 2012)

Tinseltime Ltd v Roberts & Ors [2012] EWHC 2628 (TCC) (28 September 2012)

BY Development Ltd & Ors v Covent Garden Market Authority [2012] EWHC 2546 (TCC) (28 September 2012)

Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC) (28 September 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 28th, 2012 in law reports by sally

High Court (Administrative Court)

Blue Line Taxis (Newcastle) Ltd v Newcastle-Upon-Tyne Council [2012] EWHC 2599 (Admin) (27 September 2012)

High Court (Queen’s Bench Division)

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012)

High Court (Technology and Construction Court)

Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC) (28 September 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 27th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Clyde & Co LLP & Anor v Bates Van Winkelhof [2012] EWCA Civ 1207 (26 September 2012)

High Court (Chancery Division)

Edwards & Walkden (Norfolk) Ltd & Ors v City of London [2012] EWHC 2527 (Ch) (12 September 2012)

High Court (Family Division)

Bristol City Council v A Mother & Ors [2012] EWHC 2548 (Fam) (25 September 2012)

High Court (Administrative Court)

General Medical Council v Ingram [2012] EWHC 2586 (Admin) (16 August 2012)

Adetoro, R (on the application of) v Secretary of State for Justice [2012] EWHC EWHC 2576 (Admin) (26 September 2012)

JP v The District Court At Ústí Nad Labem, Czech Republic [2012] EWHC 2603 (Admin) (26 September 2012)

Source: www.bailii.org

A closed door – Article 8 defences in mandatory possession cases – Hardwicke Chambers

Posted September 25th, 2012 in housing, human rights, landlord & tenant, law reports, local government, news, proportionality by sally

“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”

Full story

Hardwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted September 21st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Hossacks (A Firm of Solicitors), R (on the application of) v The Legal Services Commission [2012] EWCA Civ 1203 (20 September 2012)”>Hossacks (A Firm of Solicitors), R (on the application of) v The Legal Services Commission [2012] EWCA Civ 1203 (20 September 2012)

Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199 (14 September 2012)

Francis, R (on the application of) v Secretary of State for Justice & Secretary of State for the Home Department [2012] EWCA Civ 1200 (14 September 2012)

High Court (Administrative Court)

Chen, R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWHC 2531 (Admin) (14 September 2012)

High Court (Chancery Division)

Sea Containers Services Ltd [2012] EWHC 2547 (Ch) (19 September 2012)

Slutsker v Haron Investments Ltd & Anor [2012] EWHC 2539 (Ch) (17 September 2012)

High Court (Patents Court)

Actavis Group PTC EHF & Anor v Sanofi Pharma Bristol-Myers Squibb SNC [2012] EWHC 2545 (Pat) (20 September 2012)

High Court (Queen’s Bench Division)

Illinois National Insurance Company & Ors v Tutor Perini Corporation & Anor [2012] EWHC 2540 (QB) (20 September 2012)

Smyth v St Andrew’s Insurance Plc [2012] EWHC 2511 (QB) (17 September 2012)

Source: www.bailli.org

BAILII: Recent Decisions

Posted September 18th, 2012 in law reports by sally

High Court (Technology and Construction Court)

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2310 (TCC) (03 August 2012)

Smith & Ors v South Eastern Power Networks Plc [2012] EWHC 2541 (TCC) (17 September 2012)

High Court (Commercial Court)

Ace European Ltd & Ors v Howden Group Ltd & Anor [2012] EWHC 2427 (Comm) (17 September 2012)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 14th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Starbucks (HK) Ltd. v British Sky Broadcasting Group Plc & Ors [2012] EWCA Civ 1201 (13 September 2012)

KME Yorkshire Ltd & Ors v Toshiba Carrier UK Ltd & Ors [2012] EWCA Civ 1190 (13 September 2012)

Source: www.bailii.org

Secretary of State for Work and Pensions v Czop and another – WLR Daily

Posted September 14th, 2012 in carers, EC law, families, freedom of movement, law reports, social security by sally

Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11); [2012] WLR (D) 264

“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (12 September 2012)

NM, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1182 (12 September 2012)

KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)

High Court (Administrative Court)

General Medical Council v Srinivas [2012] EWHC 2513 (Admin) (11 September 2012)

Source: www.bailii.org

In re Proceedings against Lopes Da Silva Jorge – WLR Daily

Posted September 13th, 2012 in detention, drug trafficking, EC law, law reports, sentencing, warrants by sally

In re Proceedings against Lopes Da Silva Jorge: (Case C-42/11); [2012] WLR (D) 263

“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk

BAILII: recent Decisions

Posted September 10th, 2012 in law reports by sally

High Court (Administrative Court)

Abdullah v General Medical Council [2012] EWHC 2506 (Admin) (07 September 2012)

Arogundade R (on the application of) v Secretary of State for Business, Innovation & Skills [2012] EWHC 2502 (Admin) (07 September 2012)

Federal Public Prosecutor, Brussels, Belgium v Bartlett [2012] EWHC 2480 (Admin) (07 September 2012)

Matin v University College London [2012] EWHC 2474 (Admin) (05 September 2012)

Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor [2012] EWHC 2445 (Admin) (04 September 2012)

High Court (Technology and Construction Court)

Brit Inns Ltd & Anor v BDW Trading Ltd (No 2) [2012] EWHC 2489 (TCC) (07 September 2012)

Source: www.bailii.org

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali – WLR Daily

Posted September 10th, 2012 in agriculture, EC law, environmental health, food, law reports by sally

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali: (Case C-36/11); [2012] WLR (D) 262

“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk