law reports – Page 96 – Current Awareness

‘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

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 7th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWHC 2476 (Admin); [2014] WLR (D) 406

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another – WLR Daily

Posted October 7th, 2014 in damages, law reports, shareholders, valuation, warranties by sally

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407

‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Esprit & Ors, v R [2014] EWCA Crim 1918 (03 October 2014)

High Court (Chancery Division)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 3169 (Ch) (30 September 2014)

High Court (Administrative Court)

Monji v General Pharmaceutical Council [2014] EWHC 3128 (Admin) (03 October 2014)

Commercial Estates Group Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWHC 3089 (Admin) (03 October 2014)

High Court (Family Division)

Newman, Re An Application By Gloucestershire County Council for the Committal To Prison of [2014] EWHC 3136 (Fam) (03 October 2014)

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

X (A Child) (Surrogacy: Time Limit) [2014] EWHC 3135 (Fam) (03 October 2014)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2014] EWHC 3117 (Comm) (03 October 2014)

Credit Suisse International v Stichting Vestia Groep [2014] EWHC 3103 (Comm) (03 October 2014)

Fiona Trust & Holding Corporation & Ors v Yuri Privalov & Ors [2014] EWHC 3102 (Comm) (03 October 2014)

High Court (Technology and Construction Court)

Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd (No 2) [2014] EWHC 3148 (TCC) (03 October 2014)

High Court (Patents Court)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2014] EWHC 3173 (Pat) (02 October 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Zarbafi v Zarbafi & Ors [2014] EWCA Civ 1267 (02 October 2014)

Coward v Phaestos Ltd & Ors [2014] EWCA Civ 1256 (02 October 2014)

High Court (Administrative Court)

Whitston (Asbestos Victims Support Groups Forum UK), R (On the Application Of) v Secretary of State for Justice [2014] EWHC 3044 (Admin) (02 October 2014)

High Court (Chancery Division)

Gorgeous Beauty Ltd v Liu & Ors (Costs) [2014] EWHC 3093 (Ch) (02 October 2014)

Roadchef (Employee Benefits Trustees) Ltd v Hill & Ors [2014] EWHC 3109 (Ch) (01 October 2014)

Long v Value Properties Ltd & Anor [2014] EWHC 2981 (Ch) (30 September 2014)

High Court (Commercial Court)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2014] EWHC 3131 (Comm) (02 October 2014)

High Court (Queen’s Bench Division)

Polypearl Ltd v E.On Energy Solutions Ltd [2014] EWHC 3045 (QB) (03 October 2014)

Source: www.bailii.org

Dhunna v CreditSights Ltd – WLR Daily

Posted October 2nd, 2014 in employment, jurisdiction, law reports, unfair dismissal by sally

Dhunna v CreditSights Ltd: [2014] EWCA Civ 1238; [2014] WLR (D) 404

‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’

WLR Daily, 19th September 2014

Source: www.iclr.co.uk

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

Posted October 2nd, 2014 in domestic violence, immigration, law reports, regulations by sally

Regina (T) v Secretary of State for the Home Department: [2014] EWHC 2453 (Admin); [2014] WLR (D) 403

‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk