Category: law reports

MB v Secretary of State for Work and Pensions – WLR Daily

Posted August 1st, 2014 in appeals, EC law, gender, law reports, pensions, sexual orientation discrimination by sally

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355

‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Posted August 1st, 2014 in criminal procedure, law reports, learning difficulties, news, victims, witnesses by sally

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Posted August 1st, 2014 in disability discrimination, equality, housing, human rights, law reports, news, repossession by sally

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Posted August 1st, 2014 in contract of employment, forced labour, illegality, immigration, law reports, news, race discrimination, trafficking in human beings by sally

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Wiggins v Regent Wealth Ltd and others – WLR Daily

Posted August 1st, 2014 in enfranchisement, land registration, landlord & tenant, law reports, leases, news by sally

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another – WLR Daily

Posted August 1st, 2014 in indexation, law reports, pensions, trusts by sally

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another [2014] EWHC 2683 (Ch); [2014] WLR (D) 354

‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted August 1st, 2014 in benefits, council tax, domicile, law reports, local government, news, ultra vires by sally

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) [2014] EWHC 2617 (Admin); [2014] WLR (D) 349

‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 31st, 2014 in law reports by michael

Supreme Court

Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 (30 July 2014)

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Ors (Scotland) [2014] UKSC 48 (30 July 2014)

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014)

Court of Appeal (Civil Division

R, Re [2014] EWCA Civ 1110 (31 July 2014)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hussein v Secretary of State for Defence [2014] EWCA Civ 1087 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

Young v Anglo American South Africa Ltd & Ors [2014] EWCA Civ 1130 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Buer, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1109 (31 July 2014)

Khan v Royal Mail Group Ltd & Ors [2014] EWCA Civ 1082 (30 July 2014)

Regent Wealth Ltd & Ors v Wiggins [2014] EWCA Civ 1078 (30 July 2014)

Aster Communities Ltd v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014)

Sebastian Holdings, Inc v Deutsche Bank AG [2014] EWCA Civ 1100 (30 July 2014)

Sunico A/S & Ors v Revenue And Customs [2014] EWCA Civ 1108 (30 July 2014)

Browning v The Information Commissioner the Department for Business, Innovation and Skills [2014] EWCA Civ 1050 (30 July 2014)

HM Revenue and Customs v Lloyds TSB Equipment Leasing (No 1) Ltd [2014] EWCA Civ 1062 (30 July 2014)

H, Re [2014] EWCA Civ 1101 (29 July 2014)

Patel v Mirza [2014] EWCA Civ 1047 (29 July 2014)

Lim (An Infant) v Walia [2014] EWCA Civ 1076 (29 July 2014)

Kanu v London Borough of Southwark [2014] EWCA Civ 1085 (29 July 2014)

Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 (29 July 2014)

Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063 (29 July 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

W (Children) [2014] EWCA Civ 1065 (25 July 2014)

DE v AB [2014] EWCA Civ 1064 (24 July 2014)

CLP Holding Company Ltd v Singh & Anor [2014] EWCA Civ 1103 (31 July 2014)

Source: www.bailii.org

Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Browning v Information Commissioner and Another – WLR Daily

Posted July 31st, 2014 in appeals, civil procedure rules, closed material, disclosure, freedom of information, law reports, tribunals by michael

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Ashraf v General Dental Council – WLR Daily

Posted July 31st, 2014 in dentists, disciplinary procedures, disqualification, law reports, professional conduct by michael

Ashraf v General Dental Council [2014] EWHC 2618 (Admin);  [2014] WLR (D) 342

‘Whilst it was not inherently unfair for a regulator to pursue disciplinary charges against a professional where he had been acquitted of substantially the same charges in the criminal courts, that did not mean that there would not be circumstances in which it might well be unfair to proceed.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

Posted July 31st, 2014 in appeals, children, EC law, jurisdiction, law reports, parental responsibility, regulations, residence orders by michael

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in appeals, crime, drug offences, law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D)  341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

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

Posted July 31st, 2014 in charities, Charity Commission, law reports, trusts by michael

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 (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted July 30th, 2014 in budgets, EC law, equality, judicial review, law reports by sally

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080; [2014] WLR (D) 338

‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’

WLR Daily, 28th July 2014

Source: www.iclr.co.uk

Patel v Mirza – WLR Daily

Posted July 30th, 2014 in appeals, banking, contracts, enforcement, illegality, insider dealing, law reports, news by sally

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk