Category: law reports

In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by sally

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

Beezadhur v Independent Commission against Corruption and another – WLR Daily

Posted August 22nd, 2014 in banking, constitutional law, law reports, money laundering by sally

Beezadhur v Independent Commission against Corruption and another; [2014] UKPC 27; [2014] WLR (D) 380

‘Where a statute aimed at the prevention of money-laundering prohibited the depositing of cash sums above a specified limit save where it was “commensurate with the lawful business activities of the customer”, a customer could not claim that cash sums above the limited regularly deposited by him from his pension were deposits from his “business activities”.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Charity Commission for England and Wales v Framjee and another – WLR Daily

Posted August 22nd, 2014 in charities, Charity Commission, internet, law reports, trusts by sally

Charity Commission for England and Wales v Framjee and another; [2014] EWHC 2507 (Ch); [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Regina (Panesar) v Central Criminal Court and another – WLR Daily

Posted August 22nd, 2014 in Crown Court, documents, HM Revenue & Customs, jurisdiction, law reports, search & seizure, warrants by sally

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 22nd, 2014 in law reports by sally

High Court (Chancery Division)

Tadros & Anor v Barratt & Ors [2014] EWHC 2860 (Ch) (21 August 2014)

The Co-Operative Bank Plc v Phillips [2014] EWHC 2862 (Ch) (21 August 2014)

High Court (Queen’s Bench Division)

Yeo MP v Times Newspapers Ltd [2014] EWHC 2853 (QB) (20 August 2014)

Source: www.bailii.org 

BAILII: Recent Decisions

Posted August 21st, 2014 in law reports by sally

High Court (Administrative Court)

Qaza, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2851 (Admin) (20 August 2014)

Source: www.bailii.org

Cooke and another v MGN Ltd and another – WLR Daily

Posted August 19th, 2014 in defamation, law reports by sally

Cooke and another v MGN Ltd and another: [2014] EWHC 2831 (QB); [2014] WLR (D) 379

‘By not defining the term “serious harm” in section 1(1) of the Defamation Act 2013, Parliament had left it to the courts to decide whether the serious harm test had been satisfied on the individual facts of contested claims. In cases where the statements complained of were so obviously likely to cause serious harm to a person’s reputation, that likelihood could be inferred from the words used without the need for further evidence.’

WLR Daily, 13th August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 19th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

The Ritz Hotel Casino Ltd v Al Daher [2014] EWHC 2847 (QB) (15 August 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 18th, 2014 in law reports by sally

Court of Appeal (Civil Division)

P (A Child) [2014] EWCA Civ 1174 (15 August 2014)

G (A Child) [2014] EWCA Civ 1173 (15 August 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 15th, 2014 in law reports by sally

High Court (Administrative Court)

Panesar & Ors, R (on the application of) v The Central Criminal Court [2014] EWHC 2821 (Admin) (14 August 2014)

Roope v District Court for Prague 1, Czech Republic [2014] EWHC 2801 (Admin) (13 August 2014)

High Court (Family Division)

MD v AA & Anor [2014] EWHC 2756 (Fam) (31 July 2014)

High Court (Queen’s Bench Division)

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)

High Court (Technology and Construction Court)

Harrison & Ors v Shepherd Homes Ltd & Ors [2014] EWHC 2786 (TCC) (06 August 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted August 13th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Dowdall v William Kenyon & Sons Ltd & Ors [2014] EWHC 2822 (QB) (12 August 2014)

High Court (Administrative Court)

Adams, In the matter of the Criminal Justice Act 1988 [2014] EWHC 2639 (Admin) (11 August 2014)

Source: www.bailii.org

Regina (Woods and another) v Chief Constable of Merseyside Police – WLR Daily

Posted August 13th, 2014 in disciplinary procedures, judicial review, law reports, police, public interest immunity, reasons by sally

Regina (Woods and another) v Chief Constable of Merseyside Police [2014] EWHC 2784 (Admin); [2014] WLR (D) 378

‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

Posted August 12th, 2014 in Court of Protection, deprivation of liberty safeguards, human rights, law reports, mental health by sally

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Erlam and others v Rahman and another – WLR Daily

Posted August 12th, 2014 in corruption, elections, law reports, local government by sally

Erlam and others v Rahman and another [2014] EWHC 2766 (Admin); [2014] WLR (D) 374

‘Non-compliance with the requirement in rule 4(1) of the Election Petition Rules 1960 for “setting out with sufficient particularity the facts relied on” did not render the petition a nullity, or compel its dismissal; the court had power under the CPR or its inherent jurisdiction to order the provision of further particulars to remedy the default.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Q v Q; In re B (A Child); In re C (A Child) – WLR Daily

Posted August 12th, 2014 in appeals, children, law reports, legal aid by sally

Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372

‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’

WLR Daily, 6th August 2014

Source: www.iclr.co.uk

M v Times Newspapers Ltd and others – WLR Daily

Posted August 11th, 2014 in anonymity, child abuse, confidentiality, disclosure, freedom of expression, human rights, injunctions, law reports, media, privacy, public interest by sally

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Posted August 11th, 2014 in appeals, consent orders, consultations, EC law, environmental protection, Ireland, law reports, nuclear power, planning by sally

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Tidal Energy Ltd v Bank of Scotland plc – WLR Daily

Posted August 11th, 2014 in appeals, banking, contracts, law reports, mistaken identity by sally

Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369

‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk