Category: law reports

DL v SL – WLR Daily

Posted October 2nd, 2015 in divorce, family courts, law reports, privacy, reporting restrictions by sally

DL v SL: [2015] EWHC 2621 (Fam); [2015] WLR (D) 391

‘FPR r 27.10 incorporated a strong starting point or presumption, which should not be derogated from unless there was a compelling reason, that ancillary relief proceedings should be heard in private. The law concerning the presence of the media in such proceedings, contained in FPR r 27.11 and Practice Direction PD27B: Attendance of Media Representatives at Hearings in Family Proceedings, was to enable the press to be the eyes and ears of the public so as to ensure that the case was conducted fairly and to enable the public to be educated in an abstract and general way about the processes that were deployed, but did not extend to breaching the privacy of the parties in those proceedings that Parliament had given to them.’

WLR Daily, 27th July 2015

Source: www.iclr.co.uk

The Creative Foundation v Dreamland Leisure Ltd and others – WLR Daily

Posted September 18th, 2015 in artistic works, landlord & tenant, law reports, leases, repairs by sally

The Creative Foundation v Dreamland Leisure Ltd and others; [2015] EWHC 2556 (Ch); [2015] WLR (D) 383

‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Firoozmand v Lambeth London Borough Council – WLR Daily

Posted September 16th, 2015 in appeals, codes of practice, complaints, delay, homelessness, housing, law reports, local government, standards by sally

Firoozmand v Lambeth London Borough Council: [2015] EWCA Civ 952; [2015] WLR (D) 374

‘A local authority offering accommodation to a homeless applicant who complained about its condition was not under a duty whenever such a complaint was made to carry out a hazard inspection and assessment before making its decision as to suitability of the accommodation offered.’

WLR Daily, 3rd September 2015

Source: www.iclr.co.uk

In re Z (A Child) (Foreign Surrogacy: Parental Order) – WLR Daily

Posted September 16th, 2015 in children, declaratory judgment, families, family courts, human rights, law reports, parental rights, surrogacy by sally

In re Z (A Child) (Foreign Surrogacy: Parental Order): [2015] EWFC 73; [2015] WLR (D) 375

‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order on the application of “two people”, it was not open to the court to make such an order on the application of one person only; nor could section 54(1) be “read down” in accordance with section 3(1) of the Human Rights Act 1998 to enable that to be done.’

WLR Daily, 7th September 2015

Source: www.iclr.co.uk

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by sally

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Posted September 8th, 2015 in appeals, employment tribunals, equality, Equality and Human Rights Commission, fees, law reports, regulations, trade unions by sally

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Regina v Bell – WLR Daily

Posted September 8th, 2015 in appeals, crime, human rights, law reports, sentencing by sally

Regina v Bell [2015] EWCA Crim 1426; [2015] WLR (D) 371

‘Where a defendant was convicted and sentenced to life imprisonment for an offence of manslaughter on grounds of diminished responsibility which had taken place 14 years earlier (and before the coming into force of the Criminal Justice Act 2003), article 7.1 of the Convention on Human Rights and Fundamental Freedoms did not prohibit the minimum term imposed from being a heavier penalty than the one that was applicable at the time the criminal offence was committed.’

WLR Daily, 27th August 2015

Source: www.iclr.co.uk

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

Posted August 27th, 2015 in appeals, law reports, limitations, notification, pensions, Supreme Court, tax avoidance, taxation by sally

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily

Posted August 27th, 2015 in human rights, income tax, law reports, notification, partnerships, ultra vires by sally

Regina (Rowe and others) v Revenue and Customs Commissioners [2015] EWHC 2293 (Admin); [2015] WLR (D) 369

‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’

WLR Daily, 31st July 2015

Source: www.iclr.co.uk

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Posted August 21st, 2015 in adoption, appeals, care orders, children, EC law, families, family courts, human rights, jurisdiction, law reports, local government, transfer of proceedings by sally

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

O’Brien v Shorrock and another – WLR Daily

Posted August 21st, 2015 in accidents, civil procedure rules, compensation, costs, damages, fees, insurance, law reports, personal injuries, practice directions, retrospectivity, solicitors by sally

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Posted August 21st, 2015 in consultations, housing, judicial review, law reports, local government, planning by sally

Regina (West Berkshire District Council and another) v Department for Communities and Local Government[2015] EWHC 2222 (Admin); [2015] WLR (D) 367

‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’

WLR Daily, 3rd July 2015

Source: www.iclr.co.uk

Wandsworth London Borough Council v Tompkins and another – WLR Daily

Posted August 12th, 2015 in appeals, homelessness, housing, law reports, local government, notification, repossession, statutory duty by sally

Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357

‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’

WLR Daily, 31st August 2015

Source: www.iclr.co.uk

Arcadia Group Brands Ltd and others v Visa Inc and others – WLR Daily

Posted August 12th, 2015 in appeals, competition, law reports, limitations by sally

Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359

‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’

WLR Daily, 5th August 2015

Source: www.iclr.co.uk

Williams v Law Society of England and Wales – WLR Daily

Posted August 12th, 2015 in consent orders, law reports, legal aid, limited liability partnerships, solicitors, Solicitors Regulation Authority by sally

Williams v Law Society of England and Wales [2015] EWHC 2302 (Ch); [2015] WLR (D) 360

‘Where an intervention took place into a solicitor’s practice and a resolution was made under paragraph 6 of Schedule 1 to the Solicitors Act 1974 for the vesting of moneys in connection with the solicitors current or former practice, it was moneys connected with that solicitor’s activities as a solicitor which vested in the Society.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Posted August 12th, 2015 in confidentiality, data protection, disclosure, documents, interpretation, law reports, legal profession, privacy, privilege by sally

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Regina (Giri) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2015 in appeals, deceit, immigration, law reports, regulations by sally

Regina (Giri) v Secretary of State for the Home Department [2015] EWCA Civ 784; [2015] WLR (D) 341

‘On a claim for judicial review of a decision by the Secretary of State refusing to vary a foreign national’s leave to remain on the grounds of deception, the question of whether deception had been used was not a “precedent fact” to be determined by the court. Rather, the Secretary of State’s finding that deception had been used would be subject to review by the court on Wednesbury public law principles.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) – WLR Daily

Posted August 4th, 2015 in appeals, education, human rights, immigration, law reports, Supreme Court, universities by sally

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] WLR (D) 342

‘The settlement criterion, which precluded persons with discretionary leave to remain in the United Kingdom from eligibility to receive student loans within the meaning of the Education (Student Support) Regulations 2011, discriminated unlawfully against a person with such leave who had lived and been educated in England for most of her life and was integrated into United Kingdom society.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Regina v Brown (Edward) – WLR Daily

Posted August 4th, 2015 in appeals, crime, law reports, mental health, privilege, restraint, trials by sally

Regina v Brown (Edward) [2015] EWCA Crim 1328; [2015] WLR (D) 344

‘By way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what was likely to be an extremely narrow band of cases, it was appropriate to impose a requirement that particular individuals could be present at discussions between an individual and his lawyers if there was a real possibility that the meeting would be misused for a purpose, or in a manner, that involved impropriety amounting to an abuse of the privilege that justified interference.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Regina v Bhatti – WLR Daily

Posted August 4th, 2015 in admissibility, appeals, consumer credit, crime, evidence, law reports by sally

Regina v Bhatti [2015] EWCA Crim 1305; [2015] WLR (D) 346

‘Where the police obtained financial information from a credit ratings agency in reliance on section 29(1) of the Data Protection Act 1998, such information having been obtained by the agency from customers who had expressly agreed in their credit applications and agreements that their data might be shared for the purpose of crime detection, prevention and prosecution, the procedural requirements of Schedule 1 to the Police and Criminal Evidence Act 1984 were not bypassed and the information was lawfully obtained, so that it was not precluded from admissibility in criminal proceedings.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk