Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd – WLR Daily

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin); [2014] WLR (D) 438

‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’

WLR Daily, 20th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Halahan v R [2014] EWCA Crim 2079 (24 October 2014)

Court of Appeal (Civil Division)

Aster Healthcare Ltd v Shafi (The Estate of) [2014] EWCA Civ 1350 (24 October 2014)

Morris v Blackpool Borough Council & Anor [2014] EWCA Civ 1384 (24 October 2014)

Secretary of State for Communities and Local Government & Ors v Redhill Aerodrome Ltd [2014] EWCA Civ 1386 (24 October 2014)

K v The Hospital Managers of the Kingswood Centre & Anor [2014] EWCA Civ 1332 (23 October 2014)

Perry, R (On the Application Of) v London Borough of Hackney & Ors [2014] EWCA Civ 1372 (23 October 2014)

HTC Corporation v Gemalto SA [2014] EWCA Civ 1335 (22 October 2014)

Rees & Anor v Gateley Wareing (a firm) & Ors [2014] EWCA Civ 1351 (22 October 2014)

Foster & Anor v Action Aviation Ltd & Ors [2014] EWCA Civ 1368 (23 October 2014)

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373 (23 October 2014)

Standard Chartered Bank v Dorchester LNG (2) Ltd (Rev 1) [2014] EWCA Civ 1382 (22 October 2014)

G (A Child) [2014] EWCA Civ 1365 (22 October 2014)

Nzolameso v City of Westminster [2014] EWCA Civ 1383 (22 October 2014)

Source: www.bailii.org

Nzolameso v Westminster City Council – WLR Daily

Posted October 23rd, 2014 in appeals, homelessness, housing, law reports, local government by sally

Nzolameso v Westminster City Council [2014] EWCA Civ 1383; [2014] WLR (D) 437

‘For the purposes of section 208 of the Housing Act 1996, when deciding whether it was “reasonably practicable” to accommodate a particular homeless person within its own district, bearing in mind that the accommodation might be of no more than a temporary nature, a local housing authority was entitled to have regard to all the factors that had a bearing on its ability to provide accommodation to that person, including the demands made on its resources, whether of a financial or administrative nature.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance 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 Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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

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

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

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

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