BAILII: Recent Decisions

Posted December 15th, 2014 in law reports by sally

Walsham Chalet Park Ltd (t/a the Dream Lodge Group) v Tallington Lakes Ltd [2014] EWCA Civ 1607 (12 December 2014)

Re P-K (Children) [2014] EWCA Civ 1602 (11 December 2014)

Hague Plant Ltd v Hague & Ors [2014] EWCA Civ 1609 (11 December 2014)

O’Kelly v Davies [2014] EWCA Civ 1606 (11 December 2014)

A (A Child) [2014] EWCA Civ 1577 (10 December 2014)

Chenembo v London Borough of Lambeth [2014] EWCA Civ 1576 (10 December 2014)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz

HS2 Action Alliance & Anor, R (On the Application Of) v The Secretary Of State For Transport [2014] EWCA Civ 1578 (09 December 2014)

MN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1601 (09 December 2014)

Court of Appeal (Criminal Division)

Henwood, R. v [2014] EWCA Crim 1615 (10 December 2014)

Henwood, R. v (Rev 1) [2014] EWCA Crim 2615 (10 December 2014)

George, R v [2014] EWCA Crim 2507 (09 December 2014)

High Court (Administrative Court)

European Federation for Cosmetic Ingredients, R (On the Application Of) v Secretary Of State For Business, Innovation And Skills & Anor [2014] EWHC 4222 (Admin) (12 December 2014)

Delipalta & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4218 (Admin) (12 December 2014)

Pham v The United States of America [2014] EWHC 4167 (Admin) (12 December 2014)

Djurberg v Secretary of State for Communities and Local Government & Anor [2014] EWHC 4137 (Admin) (12 December 2014)

Bewley, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 4215 (Admin) (11 December 2014)

Brit College v Secretary of State for the Home Department [2014] EWHC 4164 (Admin) (11 December 2014)

Regas, R (On the Application Of) v London Borough of Enfield [2014] EWHC 4173 (Admin) (11 December 2014)

High Court (Chancery Division)

Seton House Group Ltd & Anor v Mercer Ltd [2014] EWHC 4234 (Ch) (12 December 2014)

Destine Estates Ltd & Anor v Muir & Anor [2014] EWHC 4191 (Ch) (11 December 2014)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2014] EWHC 4196 (Ch) (11 December 2014)

High Court (Commercial Court)

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc [2014] EWHC 4176 (Comm) (12 December 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 4199 (Comm) (11 December 2014)

Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2014] EWHC 4178 (Comm) (11 December 2014)

Amtrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014)

NRAM Plc v McAdam & Anor [2014] EWHC 4174 (Comm) (10 December 2014)

High Court (Family Division)

Cooper-Hohn v Anthony Hohn [2014] EWHC 4122 (Fam) (12 December 2014)

A v D & Ors [2014] EWHC 3851 (Fam) (09 December 2014)

NG v OG [2014] EWHC 4182 (Fam) (09 December 2014)

High Court (Queen’s Bench Division)

Sobolewska v Threlfall [2014] EWHC 4219 (QB) (12 December 2014)

Gardner v Northampton General Hospital NHS Trust [2014] EWHC 4217 (QB) (12 December 2014)

Downing v Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) (12 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

Heneghan v Manchester Dry Docks Ltd & Ors [2014] EWHC 4190 (QB) (11 December 2014)

Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

High Court (Technology and Construction Court)

Imtech Inviron Ltd v Loppingdale Plant Ltd [2014] EWHC 4109 (TCC) (12 December 2014)

Source: www.bailii.org.uk

 

 

 

 

 

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by sally

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

Full story

Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

Representing Transgendered Clients – a guide for family lawyers – Family Law Week

Posted December 15th, 2014 in barristers, civil partnerships, legal representation, marriage, news, solicitors by sally

‘Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson’s Buildings, offers a guide to the Gender Recognition Act 2004.’

Full story

Family Law week, 11th December 2014

Source: www.familylawweek.co.uk

DWP urged to publish inquiries on benefit claimant suicides – The Guardian

‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’

Full story

The Guardian, 14th December 2014

Source: www.guardian.co.uk

Policing cuts put public safety at risk, warns Met chief – Daily Telegraph

‘The head of the Metropolitan Police has warned that large cuts to police budgets and other services will put public safety at risk.’

Full story

Daily Telegraph, 14th December 2014

Source: www.telegraph.co.uk

Terror law reform signals fundamental shift – BBC News

Posted December 15th, 2014 in bills, confiscation, freedom of movement, news, passports, police, terrorism by sally

‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Family of Ben Needham to sue Home Office for funding of police operation – The Guardian

‘Ben Needham’s family is preparing to take the home secretary to court in an attempt to secure funding for British police to pursue suspects who might be linked to the toddler’s disappearance 23 years ago.’

Full story

The Guardian, 15th December 2014

Source: www.guardian.co.uk

Mohammed Rafiq, 80, guilty of acid revenge attack on teenage ex – BBC News

Posted December 12th, 2014 in assault, conspiracy, grievous bodily harm, news by sally

‘An 80-year-old man has been convicted of masterminding an acid revenge attack on his teenage ex-lover.’

Full story

BBC News, 12th December 2014

Source: www.bbc.co.uk

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

Regina v Shahabi-Shack – WLR Daily

Posted December 12th, 2014 in firearms, law reports, licensing by sally

Regina v Shahabi-Shack [2014] WLR (D) 533

‘Adaptations to an authorised firearm might render it a prohibited weapon for the purposes of section 5 of the Firearms Act 1968 if they involved breach of the conditions of the related firearms certificate.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

Tribunal adopts a literal interpretation of the provisions in allowing the taxpayer’s appeal – RPC Tax Take

Posted December 12th, 2014 in appeals, income tax, news, shareholders, tax avoidance, tax credits by sally

‘In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.’

Full story

RPC Tax Take, 11th December 2014

Source: www.rpc.co.uk

SFO makes first use of Bribery Act in prosecution for fraudulent UCIS – RPC Financial Services Blog

Posted December 12th, 2014 in bribery, conspiracy, fraud, news, prosecutions by sally

‘Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010. The case hasn’t give us a meaningful judicial interpretation of the Bribery Act, but it does show that the SFO is prepared to use the Act and the case also serves as a further example of the risks of investing through a SIPP into an investment that seems too good to be true.’

Full story

RPC Financial Services Blog, 11th December 2014

Source: www.rpc.co.uk

Being Human Event – The Humanity of Judging – Supreme Court

Posted December 12th, 2014 in judiciary, news, Supreme Court by sally

Being Human Event – The Humanity of Judging (YouTube)

Supreme Court, 19th November 2014

Source: www.youtube.com/user/UKSupremeCourt

High Court judge bemoans “appalling” level of costs in insurance dispute – Litigation Futures

Posted December 12th, 2014 in civil procedure rules, costs, news, part 36 offers by sally

‘A case in which £7m in legal costs were racked up over a dispute worth £904,000 is “an appalling state of affairs which brings no credit to modern commercial litigation”, a High Court judge declared yesterday.’

Full story

Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

Consumer Rights Bill: new rules on liability proposed for digital content suppliers – OUT-LAW.com

Posted December 12th, 2014 in bills, computer programs, consumer protection, contracts, electronic commerce, news by sally

‘Businesses that supply digital content to consumers would be able to insert contract terms that would exclude them from liability for damage caused by their content to consumers’ devices or other digital content, under proposed new consumer protection laws backed by UK law makers.’

Full story

OUT-LAW.com, 11th December 2014

Source: www.out-law.com

Do we need a Royal Commission for penal policy? – Halsbury’s Law Exchange

Posted December 12th, 2014 in news, prisons by sally

‘Recently Louis Blom-Cooper QC and Professor Sean McConville (QMUL) proposed that the next government set up a royal commission on prison policy.’

Full story

Halsbury’s Law Exchange, 12th December 2014

Source: www.halsburyslawexchange.co.uk

Ex-prison officer jailed for selling Jon Venables story – BBC News

Posted December 12th, 2014 in conspiracy, misfeasance in public office, news, sentencing by sally

‘An ex-prison officer has been jailed for three-and-a-half years for selling details about James Bulger’s killer to a journalist.’

Full story

BBC News, 11th December 2014

Source: www.bbc.co.uk

Legal Voice conference report: Innovation in the delivery of legal services – LegalVoice

Posted December 12th, 2014 in civil justice, criminal justice, insurance, legal aid, news by sally

‘Roger Smith OBE made the case for 1% of the legal aid budget to be directed towards an ‘innovation fund’ to promote access to justice online. The former director of JUSTICE, who was delivering the keynote speech earlier this week at the 2014 Legal Voice conference, called upon Chris Grayling to ‘re-evaluate’ priorities and to deploy online help for initial advice.’

Full story

LegalVoice, 11th December 2014

Source: www.legalvoice.org.uk

Government blames High Court for denying mesothelioma victims damages uplift –

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

Full story

Litgation Futures, 11th December 2014

Source: www.litigationfutures.com