Category: law reports

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Hussain v Waltham Forest London Borough Council – WLR Daily

Posted January 27th, 2015 in appeals, homelessness, housing, law reports, local government, London, psychiatric damage by sally

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Elashmawy v Court of Brescia, Italy – WLR Daily

Posted January 27th, 2015 in appeals, extradition, foreign jurisdictions, human rights, law reports, prisons by sally

Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15

‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

Regina v Chinegwundoh – WLR Daily

Posted January 27th, 2015 in appeals, disabled persons, harassment, law reports, mental health, restraining orders by sally

Regina v Chinegwundoh [2014] EWCA Crim 2649; [2015] WLR (D) 18

‘A finding that a person under a disability had done the acts charged against him was not an acquittal and did not therefore give the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Webber v Department for Education – WLR Daily

Posted January 22nd, 2015 in law reports, ombudsmen, pensions, teachers by sally

Webber v Department for Education [2014] EWHC 4240 (Ch); [2015] WLR (D) 14

‘It was prima facie a matter for the ombudsman to assess whether and to what extent an oral hearing was necessary either to enable the investigation to be satisfactorily completed or out of fairness, and such decisions could only be challenged on appeal on the familiar basis that they exceeded the generous ambit within which reasonable disagreement was possible.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Regina (Byczek and another) v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

Ashley and others v Tesco Stores Ltd and others – WLR Daily

Posted January 20th, 2015 in civil procedure rules, documents, law reports, Scotland, service, time limits by sally

Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11

‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’

WLR Daily, 15th January 2015

Source: www.iclr.co.uk

Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk

Regina (Richards) v Teesside Magistrates’ Court and another – WLR Daily

Posted January 20th, 2015 in appeals, crime, electronic monitoring, law reports, sentencing, sexual offences by sally

Regina (Richards) v Teesside Magistrates’ Court and another [2015] EWCA Civ 7; [2015] WLR (D) 13

‘Varying a sexual offences prevention order to require the wearing of a location monitoring device or electronic tag while away from the home address of the person subject to it came within the powers conferred by the Sexual Offences Act 2003, and the interference with that person’s private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Rights was “in accordance with the law”.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 19th, 2015 in law reports by sally

Court of Appeal (Civil Division)

Richards, R (on the application of) v Teesside Magistrates’ Court & Anor [2015] EWCA Civ 7 (16 January 2015)

Gilks & Anor v Hodgson & Anor [2015] EWCA Civ 5 (15 January 2015)

Savage, R (on the application of) v Mansfield District Council & Anor [2015] EWCA Civ 4 (15 January 2015)

High Court (Administrative Court)

Ordanduu GmbH & Anor, R (on the application of) v Phonepayplus Ltd [2015] EWHC 50 (Admin) (16 January 2015)

Elashmawy v Court of Brescia, Italy & Ors [2015] EWHC 28 (Admin) (16 January 2015)

Ahmed, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 23 (Admin) (15 January 2015)

Galaxy Land Ltd, R (on the application of) v Durham County Council [2015] EWHC 16 (Admin) (15 January 2015)

Dilks, R (on the application of) v The Secretary of State for Justice & Anor [2015] EWHC 11 (Admin) (15 January 2015)

High Court (Chancery Division)

Thwaytes v Sotheby’s [2015] EWHC 36 (Ch) (16 January 2015)

The High Commissioner for Pakistan in the United Kingdom v National Westminster Bank Plc & Ors [2015] EWHC 55 (Ch) (16 January 2015)

Plaza BV v The Law Debenture Trust Corporation Plc [2015] EWHC 43 (Ch) (16 January 2015)

Reinhard v Ondra LLP & Ors (Rev 1) [2015] EWHC 26 (Ch) (14 January 2015)

High Court (Commercial Court)

Navig8 Inc v South Vigour Shipping Inc & Ors [2015] EWHC 32 (Comm) (16 January 2015)

Impala Warehousing and Logistics (Shanghai) Co.Ltd v Wanxiang Resources (Singapore) PTE Ltd [2015] EWHC 25 (Comm) (15 January 2015)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors Re: M/V Brillante Virtuoso [2015] EWHC 42 (Comm) (15 January 2015)

High Court (Queen’s Bench Division)

ST v Maidstone and Tunbridge Wells NHS Trust [2015] EWHC 51 (QB) (16 January 2015)

High Court (Technology and Construction Court)

Oakrock Ltd v Travelodge Hotels Ltd & Ors [2015] EWHC 30 (TCC) (16 January 2015)

BPC Hotels Ltd & Ors v Brooke North (A Firm) [2015] EWHC 27 (TCC) (16 January 2015)

Savoye And Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC) (15 January 2015)

Surce: www.bailii.org

BAILII: Recent Decisions

Posted January 15th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

High Court (Queen’s Bench Division)

High Court (Administrative Court)

Continue reading…

Law Society of England and Wales v Shah – WLR Daily

Posted January 15th, 2015 in disciplinary procedures, injunctions, law reports, Law Society, solicitors by sally

Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’

WLR Daily, 12th January 2015

Source: www.iclr.co.uk

National Crime Agency v Robb – WLR Daily

Posted January 14th, 2015 in fraud, law reports, proceeds of crime, victims by sally

National Crime Agency v Robb; [2014] EWHC 4384 (Ch); [2015] WLR (D) 1

‘The court gave guidance on the hearing of applications brought by victims of fraud under section 182 of the Proceeds of Crime Act 2002 as to the principles to be applied in following and tracing recoverable property obtained by the defendant through unlawful conduct.’

WLR Daily, 23rd December 2014

Source: www.iclr.co.uk

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

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by sally

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by sally

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 14th, 2015 in law reports by sally

Court of Appeal (Civil Division)

S (A Child) (Habitual Residence and Child’s Objections)(Brazil) [2015] EWCA Civ 2 (13 January 2015)

High Court (Administrative Court)

Jackson v Secretary of State for Communities and Local Government [2015] EWHC 20 (Admin) (13 January 2015)

Ali, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 7 (Admin) (09 January 2015)

AMG, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 5 (Admin) (08 January 2015)

Pugh v Secretary of State for Communities and Local Government & Ors [2015] EWHC 3 (Admin) (05 January 2015)

High Court (Chancery Division)

Enterprise Holdings, Inc v Europcar Group UK Ltd & Anor [2015] EWHC 17 (Ch) (13 January 2015)

Hilton v D IV LLP & Ors [2015] EWHC 2 (Ch) (12 January 2015)

Altus Group (UK) Ltd v Baker Tilly Tax And Advisory Services LLP & Anor [2015] EWHC 12 (Ch) (07 January 2015)

High Court (Queen’s Bench Division)

AB v Chief Constable of X Constabulary [2015] EWHC 13 (QB) (08 January 2015)

Source: www.bailii.org

CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Posted January 6th, 2015 in abortion, appeals, conscientious objection, health, law reports, midwives, Scotland, Supreme Court by sally

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk