‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508
‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’
WLR Daily, 7th December 2015
Source: www.iclr.co.uk
‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’
WLR Daily, 3rd December 2015
Source: www.iclr.co.uk
‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘There was no legal impediment to a right of recreation taking effect as an easement, provided that the intention to grant an easement, as opposed to a merely personal right, was evident on the proper construction of the grant construed in the light of the material surrounding circumstances.’
WLR Daily, 7th December 2015
Source: www.iclr.co.uk
Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505
‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’
WLR Daily, 4th December 2015
Source: www.iclr.co.uk
Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496
‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
West End Investments (Cowell Group) Ltd v Birchlea Ltd [2015] EWHC 3381 (Ch); [2015] WLR (D) 499
‘There must be a significant deviation from the vertical plane for the exception in section 2(2) of the Leasehold Reform Act 1967 to apply.’
WLR Daily, 27th November 2015
Source: www.iclr.co.uk
‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’
WLR Daily, 30th November 2015
Source: www.iclr.co.uk
In re BCA Pension Plan: [2015] EWHC 3492 (Ch); [2015] WLR (D) 502
‘Where the court made an order under section 48 of the Administration of Justice Act 1985 which directly related to the level of benefits that would be payable to members of a pension scheme, members should be told of the order unless there were compelling reasons to the contrary.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
‘In a case of impersonation where a person had fraudulently made false representations about his own identity and that fraud was material to the grant of naturalisation, the grant of nationality was a nullity.’
WLR Daily, 26th November 2015
Source: www.iclr.co.uk
‘The Secretary of State had erred in leaving non-religious views out of the new GCSE subject content for religious studies, which amounted to a breach of the duty to take care that information or knowledge included in the curriculum was conveyed in a pluralistic manner.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479
‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
Regina (Bokrosova) v Lambeth London Borough Council [2015] EWHC 3386 (Admin); [2015] WLR (D) 478
‘Whilst section 105 of the Housing Act 1985 did not refer to “consultation”, it created an obligation on landlord authorities to consult on matters of housing management and its purpose was, in part, to ensure the participation of tenants in decisions which would substantially affect their homes.’
WLR Daily, 24th November 2015
Source: www.iclr.co.uk
Menelaou v Bank of Cyprus plc: [2015] UKSC 66; [2015] WLR (D) 438
‘Where a person was given a property by her parents bought with money from the sale of the family home, made possible by a bank having agreed to release its charges over the family home (securing the parents’ borrowing) to allow it to be sold, in return for receiving a lump sum payment out of the proceeds of sale to reduce the borrowing and a fresh charge over the new property to secure the remaining indebtedness, but— because the person had not been told of the fresh charge and it had been defectively executed— the new charge was void, the bank had an equitable interest in the new property to the extent of the value of the purported charge, which it could enforce by means of subrogation to an unpaid vendor’s lien.’
WLR Daily 4th November 2015
Source: www.iclr.co.uk
Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435
‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’
WLR Daily, 27th October 2015
Source: www.iclr.co.uk
Regina v FNC: [2015] EWCA Crim 1732; [2015] WLR (D) 440
‘There might be a case to answer even where the prosecution relied on DNA evidence alone.The Court of Appeal, Criminal Division, so held when allowing an appeal by the prosecution against a decision made on 5 May 2015 in the Crown Court at Blackfriars (Mr Recorder Day QC) to terminate proceedings against the defendant, FNC, on the grounds that there was no case to answer on a charge of indecent assault contrary to section 14 of the Sexual Offences Act 1956.’
WLR Daily, 4th November 2015
Source: www.iclr.co.uk
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