Category: law reports

UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit – WLR Daily

Posted October 22nd, 2014 in extradition, fraud, law reports by sally

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] WLR (D) 425

‘An annex could not form part of a European arrest warrant for the purposes of section 2 of the Extradition Act 2003.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

Bizunowicz and another v District Court in Koszalin, Poland and another – WLR Daily

Posted October 22nd, 2014 in appeals, costs, extradition, law reports by sally

Bizunowicz and another v District Court in Koszalin, Poland and another [2014] EWHC 3238 (Admin); [2014] WLR (D) 430

‘Once a district judge’s decision to order a person’s extradition had been successfully appealed under Part 1 of the Extradition Act 2003, the High Court enjoyed a supervisory jurisdiction to quash or vary any costs order made against the appellant, since the basis on which the costs order had been made no longer existed. However, the High Court did not have jurisdiction to determine an appeal from a costs order made by a district judge who had ordered extradition, in circumstances where the costs order was challenged as a part of unsuccessfully pursuing an appeal against the extradition order.’

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Posted October 22nd, 2014 in coroners, firearms, homicide, human rights, inquests, judicial review, law reports, police, self-defence, verdicts by sally

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

Parkwell Investments Ltd and another v Revenue and Customs Commissioners – WLR Daily

Posted October 22nd, 2014 in insolvency, law reports, tribunals, VAT, winding up by sally

Parkwell Investments Ltd and another v Revenue and Customs Commissioners [2014] EWHC 3381 (Ch); [2014] WLR (D) 432

‘The High Court had jurisdiction to appoint a provisional liquidator notwithstanding the fact that appeals by the company in respect of disputed VAT assessments were pending in the First-tier Tax Tribunal.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Scott (Appellant) v Southern Pacific Mortgages Limited (Respondents) – Supreme Court

Posted October 22nd, 2014 in appeals, fraud, law reports, mortgages, Supreme Court by sally

Scott (Appellant) v Southern Pacific Mortgages Limited (Respondents) [2014] UKSC 52 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted October 21st, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Foran v R [2014] EWCA Crim 2047 (17 October 2014)

Clark & Anor v R [2014] EWCA Crim 1973 (17 October 2014)

Court of Appeal (Civil Division)

Cotton & Anor v Brudenell-Bruce & Ors [2014] EWCA Civ 1312 (17 October 2014)

High Court (Queen’s Bench Division)

Davies v London Borough of Haringey [2014] EWHC 3393 (QB) (17 October 2014)

County Motor Works (Chelmsford) Ltd v PBFW Ltd [2014] EWHC 3392 (QB) (17 October 2014)

Worldspreads Ltd v Foley [2014] EWHC 3382 (QB) (17 October 2014)

Boylin v The Christie NHS Foundation [2014] EWHC 3363 (QB) (17 October 2014)

High Court (Chancery Division)

Redstone Mortgages Ltd v B Legal Ltd [2014] EWHC 3398 (Ch) (17 October 2014)

High Court (Administrative Court)

Lochailort Investments Ltd v Secretary of State [2014] EWHC 3358 (Admin) (16 October 2014)

Bluefin Insurance Services Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin) (20 October 2014)

NCN, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3378 (Admin) (17 October 2014)

High Court (Family Division)

DM, Re [2014] EWHC 3119 (Fam) (29 September 2014)

Olaribiro v Shoyemi [2014] EWHC 3365 (Fam) (09 October 2014)

Newman (Number 2) [2014] EWHC 3399 (Fam) (17 October 2014)

Kirklees Council v Re [2014] EWHC 3182 (Fam) (03 October 2014)

High Court (Commercial Court)

Sugar Hut Group & Ors v A J Insurance [2014] EWHC 3352 (Comm) (20 October 2014)

Jalal Bezee Mejel Al-Gaood & Partner & Anor v Innospec Ltd & Ors [2014] EWHC 3147 (Comm) (08 October 2014)

Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund [2014] EWHC 3369 (Comm) (17 October 2014)

High Court (Technology and Construction Court)

Horne v Magna Design Building Ltd [2014] EWHC 3380 (TCC) (17 October 2014)

Source: www.bailii.org

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Posted October 17th, 2014 in dispute resolution, documents, evidence, law reports, loans, privilege, statutory demands, without prejudice communications by sally

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, law reports, news, time limits by sally

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Posted October 17th, 2014 in appeals, civil procedure rules, fraud, law reports, practice directions, skeleton arguments by sally

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 17th, 2014 in law reports by sally

Court of appeal (Civil Division)

Exsus Travel Ltd & Ors v Turner & Anor [2014] EWCA Civ 1331 (16 October 2014)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2014] EWCA Civ 1349 (16 October 2014)

The Woodland Trust v Loring & Ors [2014] EWCA Civ 1314 (16 October 2014)

Southwell v Blackburn [2014] EWCA Civ 1347 (16 October 2014)

IOT Engineering Projects Ltd v Dangote Fertilizer Ltd & Anor [2014] EWCA Civ 1348 (16 October 2014)

Alladin, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1334 (16 October 2014)

Ali v Caton & Anor [2014] EWCA Civ 1313 (15 October 2014)

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319 (15 October 2014)

Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd (Rev 1) [2014] EWCA Civ 1294 (15 October 2014)

Court of Appeal (Criminal Division)

Antoine v R [2014] EWCA Crim 1971 (15 October 2014)

High Court (Administrative Court)

Marsden v Crown Prosecution Service [2014] EWHC 3359 (Admin) (16 October 2014)

High Court (Chancery Division)

Parkwell Investments Ltd v Wilson & Anor [2014] EWHC 3381 (Ch) (16 October 2014)

Hague Plant Ltd v Hague& Ors [2014] EWHC 3383 (Ch) (16 October 2014)

Ghassemian v Tigris Industries Inc [2014] EWHC 3362 (Ch) (15 October 2014)

High Court (Family Division)

London Borough of Barking & Dagenham v SS [2014] EWHC 3338 (Fam) (15 October 2014)

Source: www.bailii.org

 

BAILII: Recent Decisions

Posted October 15th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Otkritie International Investment Management & Ors v Urumov [2014] EWCA Civ 1315 (14 October 2014)

High Court (Queen’s Bench Division)

AA v London Borough of Southwark [2014] EWHC 500 (QB) (14 October 2014)

Gadd, R v [2014] EWHC 3307 (QB) (10 October 2014)

CF v The Ministry of Defence & Ors [2014] EWHC 3171 (QB) (14 October 2014)

ABC v DEF [2014] EWHC 3346 (QB) (14 October 2014)

High Court (Chancery Division)

Lictor Anstalt v Mir Steel UK Ltd & Anor [2014] EWHC 3316 (Ch) (13 October 2014)

High Court (Administrative Court)

Tesco Stores Ltd, R (on the Application of) v Forest of Dean District Council & Ors [2014] EWHC 3348 (Admin) (14 October 2014)

Duggan, R (on the Application of) v HM Assistant Deputy Coroner for the Northern District of Greater London & Ors [2014] EWHC 3343 (Admin) (14 October 2014)

High Court (Family Division)

K v D [2014] EWHC 3188 (Fam) (26 September 2014)

High Court (Commercial Court)

Wood v Sureterm Direct Ltd & Anor [2014] EWHC 3240 (Comm) (14 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 13th, 2014 in law reports by sally

Court of Appeal (Civil Division)

YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014)

High Court (Queen’s Bench Division)

N v Secretary of State for the Home Department [2014] EWHC 3304 (QB) (10 October 2014)

Burrows v Northumbrian Water Ltd [2014] EWHC 3305 (QB) (10 October 2014)

High Court (Chancery Division)

Crestsign Ltd v National Westminster Bank Plc & Anor [2014] EWHC 3043 (Ch) (26 September 2014)

High Court (Family Division)

King’s College Hospital NHS Foundation Trust v T & Ors [2014] EWHC 3315 (Fam) (30 September 2014)

CH v The London Borough of Merton [2014] EWHC 3311 (Fam) (09 October 2014)

High Court (Administrative Court)

Bizunowicz & Anor v District Court In Koszalin (Poland) & Anor [2014] EWHC 3238 (Admin) (10 October 2014)

Gibraltar Betting & Gaming Association Ltd v The Secretary of State for Culture, Media & Sport & Ors [2014] EWHC 3236 (Admin) (10 October 2014)

DK, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3257 (Admin) (10 October 2014)

Mundy v Crown Prosecution Service [2014] EWHC 819 (Admin) (10 October 2014)

High Court (Technology and Construction Court)

Peterborough City Council v Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC) (10 October 2014)

Weatherford Global Products Ltd v Hydropath Holdings Ltd & Ors [2014] EWHC 3243 (TCC) (10 October 2014)

Willmott Dixon Partnership Ltd V London Borough of Hammersmith and Defendant Fulham [2014] EWHC 3191 (TCC) (09 October 2014)

High Court (Commercial Court)

U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) (10 October 2014)

Sabbagh v Khoury & Ors [2014] EWHC 3233 (Comm) (10 October 2014)

Standard Bank Plc & Anor v Just Group LLC & Ors [2014] EWHC 2687 (Comm) (10 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 10th, 2014 in law reports by sally

Court of Appeal (Civil Division)

United Company Rusal Plc, R (on the Application of) v The London Metal Exchange [2014] EWCA Civ 1271 (08 October 2014)

Jet Airways (India) Ltd & Ors v Barloworld Handling Ltd [2014] EWCA Civ 1311 (09 October 2014)

Graves v Capital Home Loans Ltd [2014] EWCA Civ 1297 (09 October 2014)

Regione Piemonte v Dexia Crediop SpA [2014] EWCA Civ 1298 (09 October 2014)

Energy Venture Partners Ltd v Malabu Oil And Gas Ltd [2014] EWCA Civ 1295 (09 October 2014)

OPO v MLA & Anor [2014] EWCA Civ 1277 (09 October 2014)

Detention Action, R (on the Application of) v Secretary of State for the Home Department [2014] EWCA Civ 1270 (09 October 2014)

Commercial First Business Ltd v Munday & Anor [2014] EWCA Civ 1296 (09 October 2014)

Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 1293 (09 October 2014)

Blue Holding (1) Pte Ltd & Anor v United States of America [2014] EWCA Civ 1291 (09 October 2014)

FI, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014)

LC (China) v Secretary of State for the Home Department [2014] EWCA Civ 1310 (09 October 2014)

High Court (Queen’s Bench Division)

Macarthy & Anor v [2014] EWHC 3183 (QB) (08 October 2014)

High Court (Chancery Division)

Bradley & Anor v Heslin & Anor [2014] EWHC 3267 (Ch) (09 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 8th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Coventry University v Mian [2014] EWCA Civ 1275 (07 October 2014)

Ajilore v London Borough of Hackney [2014] EWCA Civ 1273 (08 October 2014)

Lumsdon & Ors, R (on the application of) v Legal Services Board & Ors [2014] EWCA Civ 1276 (07 October 2014)

Cornelius v Dubai Islamic Bank PJSC [2014] EWCA Civ 1274 (07 October 2014)

High Court (Queen’s Bench Division)

Evans v Royal Wolverhampton Hospitals NHS Foundation Trust [2014] EWHC 3185 (QB) (08 October 2014)

MacLeod v Mears Ltd [2014] EWHC 3140 (QB) (07 October 2014)

High Court (Chancery Division)

Anglo Financial SA & Anor v Goldberg [2014] EWHC 3192 (Ch) (07 October 2014)

Randall v Randall [2014] EWHC 3134 (Ch) (07 October 2014)

High Court (Family Division)

KK v FYC [2014] EWHC 3111 (Fam) (15 September 2014)

High Court (Technology and Construction Court)

NATS (Services) Ltd v Gatwick Airport Ltd & Anor [2014] EWHC 3133 (TCC) (02 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 7th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Garcia v Associated Newspapers Ltd [2014] EWHC 3137 (QB) (06 October 2014)

Redd Factors Ltd v Bombardier Transportation UK Ltd [2014] EWHC 3138 (QB) (06 October 2014)

Winrow v Hemphill & Anor [2014] EWHC 3164 (QB) (06 October 2014)

High Court (Administrative Court)

Mackaill & Anor, R (On the Application Of) v Independent Police Complaints Commission [2014] EWHC 3170 (Admin) (06 October 2014)

High Court (Commercial Court)

Surrey (UK) Ltd v Mazandaran Wood & Paper Industries [2014] EWHC 3165 (Comm) (06 October 2014)

High Court (Patents Court)

Teva UK Ltd & Anor v Leo Pharma A/s [2014] EWHC 3096 (Pat) (06 October 2014)

Source: www.bailii.org

E v B – WLR Daily

Posted October 7th, 2014 in children, conflict of laws, custody, EC law, law reports, parental responsibility by sally

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk