law reports – Page 88 – Current Awareness

‘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

R (on applications of Haney, Kaiyam, Massey and Robinson) v The Secretary of State for Justice – Supreme Court

Posted December 11th, 2014 in appeals, damages, human rights, law reports, rehabilitation, sentencing, Supreme Court by sally

R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales) [2014] UKSC 66 (YouTube)

Supreme Court, 10th December 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted December 9th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

In re S (A Child) (Abduction: Hearing the Child) – WLR Daily

Posted December 9th, 2014 in appeals, child abduction, children, custody, EC law, law reports, treaties by sally

In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522

‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) – WLR Daily

Posted December 9th, 2014 in alcohol abuse, appeals, criminal injuries compensation, law reports, personal injuries, pregnancy, tribunals by sally

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) [2014] EWCA Civ 1554; [2014] WLR (D) 520

‘A mother who drank alcohol to excess while she was pregnant, resulting her child being born with permanent damage from foetal alcohol spectrum disorder, was not criminally liable for administering poison to “any other person” so as to inflict grievous bodily harm contrary to section 23 of the Offences Against the Person Act 1861. Because a foetus was not “any other person” for the purposes of section 23, and the harm had been inflicted on the child while she was in the womb, the child was not entitled to criminal injuries compensation.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina (Akin) v Stratford Magistrates’ Court – WLR Daily

Posted December 8th, 2014 in law reports, licensed premises, licensing, local government, police, regulations by sally

Regina (Akin) v Stratford Magistrates’ Court [2014] WLR (D) 518

‘The approach to procedural irregularity in R v Secretary of State for the Home Department, Ex p Jeyeanthan [2000] 1 WLR 345 was applicable to the Licensing Act 2003 and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 made thereunder.’

WLR Daily, 2nd December 2014

Source: www.iclr.co.uk

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Posted December 8th, 2014 in environmental protection, health & safety, judicial review, law reports, London, news, water by sally

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina v Adebolajo and another – WLR Daily

Posted December 8th, 2014 in appeals, law reports, murder, religiously aggravated offences by sally

Regina v Adebolajo and another [2014] WLR (D) 519

‘A defendant’s claim that he was a soldier of Allah who was, or believed himself to be, engaged in a war or rebellion against the United Kingdom, did not amount to a defence to a charge of the murder of an off-duty soldier.’

WLR Daily, 3rd December 2014

Source: www.iclr.co.uk

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, law reports, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, law reports, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) – Supreme Court

Posted December 3rd, 2014 in damages, housing, landlord & tenant, law reports by sally

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) [2014] UKSC 65 (YouTube)

Supreme Court, 3rd December 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) – WLR Daily

Posted December 2nd, 2014 in contracts, fraud, gambling, law reports by sally

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504

‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’

WLR Daily, 8th October 2014

Source: www.iclr.co.uk