Month: May 2014

Regina (Barkas) v North Yorkshire County Council – WLR Daily

Posted May 29th, 2014 in appeals, commons, land registration, law reports, local government, news, Supreme Court by michael

Regina (Barkas) v North Yorkshire County Council [2014] UKSC 31;  [2014] WLR (D)  228

‘Local inhabitants indulged “by right” in lawful sports and pastimes on a recreation ground which had been provided for that purpose by a local authority in the exercise of its statutory powers, not “as of right” as was necessary pursuant to section 15(2) of the Commons Act 2006 in order to register the land as a town or village green.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Birmingham Hippodrome Theatre Trust Ltd v Revenue and Customs Comrs – WLR Daily

Posted May 29th, 2014 in appeals, HM Revenue & Customs, law reports, repayment, set-off, theatre, VAT by michael

Birmingham Hippodrome Theatre Trust Ltd v Revenue and Customs Comrs [2014] EWCA Civ 684;  [2014] WLR (D)  232

‘Where the taxpayer made a claim for repayment of VAT which had been paid owing to a mistake, all the consequences of the mistake were to be taken into account in assessing the quantum of his claim. The revenue was, therefore, entitled under section 81(3A) of the Value Added Tax Act 1994 to take into account both credits and debits and to set off amounts of input tax it had wrongly paid to the taxpayer against the amount the taxpayer now claimed to be repaid in respect of output tax it wrongly paid to the revenue.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

Regina (Revenue and Customs Commissioners) v Her Majesty’s Coroner for the City of Liverpool (Association of Personal Injury Lawyers intervening) – WLR Daily

Posted May 29th, 2014 in coroners, HM Revenue & Customs, industrial injuries, inquests, law reports by michael

Regina (Revenue and Customs Commissioners) v Her Majesty’s Coroner for the City of Liverpool (Association of Personal Injury Lawyers intervening) [2014] EWHC 1586 (Admin);  [2014] WLR (D)  226

‘The Revenue and Customs Commissioners were bound, by necessary implication, to comply with a notice issued by a coroner pursuant to Schedule 5 to the Coroners and Justice Act 2009, requiring them to provide an occupational history in respect of a deceased person.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Regina (Allensway Recycling Ltd and others) v Environment Agency – WLR Daily

Posted May 29th, 2014 in environmental protection, law reports, notification, warrants, waste by michael

Regina (Allensway Recycling Ltd and others) v Environment Agency [2014] EWHC 1638 (Admin);  [2014] WLR (D)  225

‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Lock v British Gas Trading Ltd – WLR Daily

Posted May 29th, 2014 in EC law, employment, law reports, remuneration, working time by michael

Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351;  [2014] WLR (D)  224

‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov and others (No 11) – WLR Daily

Posted May 29th, 2014 in appeals, civil procedure rules, freezing injunctions, injunctions, jurisdiction, law reports by michael

JSC BTA Bank v Ablyazov and others (No 11) [2014] EWCA Civ 602;  [2014] WLR (D)  221

‘Where non-parties resident outside the jurisdiction applied for removal of an asset from the scope of freezing and associated orders, the court had jurisdiction to order the trial of an issue as to whether they owned the asset as claimed, but not as to whether they had colluded in breach of the orders, without steps being taken to establish extra-territorial jurisdiction in reliance on paragraph 3.1 of CPR Practice Direction 6B.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Newham London Borough Council v Ali and others – WLR Daily

Posted May 29th, 2014 in appeals, injunctions, law reports, local government, planning by michael

Newham London Borough Council v Ali and others [2014] EWCA Civ 676;  [2014] WLR (D)  223

‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) – WLR Daily

Posted May 29th, 2014 in appeals, employment, law firms, law reports, limited liability partnerships, partnerships, whistleblowers by michael

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32;  [2014] WLR (D)  222

‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

FCA review of insurance brokers’ conflict handling shows that “more proactive approach” is needed, says expert – OUT-LAW.com

Posted May 29th, 2014 in conflict of interest, consumer protection, financial regulation, insurance, news, reports, small businesses by michael

‘The Financial Conduct Authority (FCA) found that some of the largest brokers that serve small businesses did not have proper processes in place to manage the “inherent conflicts” that arise as part of their work.’

Full story

OUT-LAW.com, 29th May 2014

Source: www.out-law.com

Couple who kept 19 dogs lose fight to have children returned from foster care – The Guardian

Posted May 29th, 2014 in appeals, care orders, dogs, news, parental rights by michael

‘A couple who kept 19 dogs have lost a family court fight for the return of their two children.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

Uber app taxi row referred to London’s High Court – BBC News

Posted May 29th, 2014 in courts, fees, industrial action, licensing, news, taxis by michael

‘London’s transport authority has announced it does not believe Uber’s car service is breaking the law by using an app to determine charges.’

Full story

BBC News, 29th May 2014

Source: www.bbc.co.uk

‘Catch Me If You Can’ fugitive on the run once again – Daily Telegraph

Posted May 29th, 2014 in early release, fugitive offenders, news, parole, recidivists by michael

‘A robber who went on the run and taunted police with ‘Catch Me If You Can’-style messages has disappeared again after being granted early release.’

Full story

Daily Telegraph, 28th May 2014

Source: www.telegraph.co.uk

Legal Aid Agency may have to bear cost of expert fees – New Law Journal

Posted May 29th, 2014 in costs, expert witnesses, fees, legal aid, news, reports by michael

‘The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court.’

Full story

New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

Capita: lost in translation? – New Law Journal

Posted May 29th, 2014 in courts, interpreters, judges, news, trials by michael

‘A top judge has slated the performance of Capita, the providers of the court interpreting service, after a hearing had to be adjourned when interpreters failed to turn up.’

Full story

New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

BAILII: Recent Decisions

Posted May 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Clayton & Anor v R [2014] EWCA Crim 1030 (23 May 2014)

Court of Appeal (Civil Division)

Birmingham Hippodrome Theatre Trust Ltd v Revenue And Customs [2014] EWCA Civ 684 (22 May 2014)

Hone & Ors v Abbey Forwarding Ltd & Anor [2014] EWCA Civ 711 (23 May 2014)

Collins v Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 (23 May 2014)

Dar Al Arkan Real Estate Development Co & Anor v Al Refai & Ors [2014] EWCA Civ 715 (23 May 2014)

C (N, W & H), Re [2014] EWCA Civ 705 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWCA Civ 708 (23 May 2014)

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716 (23 May 2014)

High Court (Chancery Division)

Contrarian Funds Llc v Lomas & Ors [2014] EWHC 1687 (Ch) (23 May 2014)

High Court (Queen’s Bench Division)

Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice & Ors [2014] EWHC 1662 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

High Court (Administrative Court)

Jones, R (on the application of) v Judicial Appointments Commission [2014] EWHC 1680 (Admin) (23 May 2014)


Revenue And Customs, R (On the Application Of) v HM Coroner for the City of Liverpool [2014] EWHC 1586 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

X (A Child) (care and placement orders) [2014] EWFC B59 (09 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) (23 May 2014)

High Court (Commercial Court)

BM Amro Commercial Finance Plc v McGinn & Ors [2014] EWHC 1674 (Comm) (23 May 2014)

High Court (Patents Court)

Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) (23 May 2014)

Source: www.bailii.org

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Posted May 28th, 2014 in disclosure, law firms, law reports, limited liability partnerships, whistleblowers by sally

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Distinctive behaviour – New Law Journal

Posted May 28th, 2014 in disclosure, divorce, fraud, news by sally

‘Kirstie Gibson considers allegations of non-disclosure, misconduct & adverse inferences.’

Full story

New Law Journal, 23rd May 2014

Source: www.newlawjournal.co.uk

Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk