BAILII: Recent Decisions

Posted May 14th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S (Children, W & T), Re [2014] EWCA Civ 638 (14 May 2014)

JKX Oil & Gas Plc & Ors v Eclairs Group Ltd [2014] EWCA Civ 640 (13 May 2014)

High Court (Administrative Court)

Waryoba, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1496 (Admin) (13 May 2014)

High Court (Chancery Division)

The Registrar of Companies v Swarbrick & Ors (Administrators of Gardenprime Ltd) [2014] EWHC 1466 (Ch) (13 May 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 13th, 2014 in law reports by sally

Supreme Court

A v British Broadcasting Corporation (Scotland) [2014] UKSC 25 (08 May 2014)

Court of Appeal (Civil Division)

R (A Child) [2014] EWCA Civ 597 (08 May 2014)

High Court (Administrative Court)

Privacy International, R (On the Application Of) v The Commissioner for HM Revenue & Customs [2014] EWHC 1475 (Admin) (12 May 2014)

Stone & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1456 (Admin) (12 May 2014)

P, R (on the application of) v Thames Valley Police [2014] EWHC 1436 (Admin) (08 May 2014)

BDW Trading Ltd (t/a Barratt Homes) & Anor v Cheshire West & Chester Borough Council & Ors [2014] EWHC 1470 (Admin) (09 May 2014)

Ramsanahie v East Midlands Strategic Health Authority [2014] EWHC 1451 (Admin) (09 May 2014)

High Court (Queen’s Bench Division)

Atkins v The Lord Chancellor [2014] EWHC 1387 (QB) (08 May 2014)

Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1391 (QB) (08 May 2014)

AVB v TDD [2014] EWHC 1442 (QB) (12 May 2014)

Desarrollo Immobiliario Y Negocios Industriales De Alta v Kader Holdings Company Ltd [2014] EWHC 1460 (QB) (09 May 2014)

McGregor v Genco (FC) Ltd [2014] EWHC 1376 (QB) (08 May 2014)

Rainford v Lawrenson [2014] EWHC 1188 (QB) (15 April 2014)

High Court (Chancery Division)

The Pensions Regulator v A Admin Ltd & Ors [2014] EWHC 1378 (Ch) (08 May 2014)

Thomas & Anor (Joint Trustees In Bankruptcy of Stephen John Edmondson) v Edmondson [2014] EWHC 1494 (Ch) (12 May 2014)

Top Brands Ltd & Anor v Sharma (As Former Liquidator of Mama Milla Ltd) [2014] EWHC 1454 (Ch) (08 May 2014)

High Court (Family Division)

London Borough of Ealing v JM & Ors [2014] EWHC 1467 (Fam) (29 April 2014)

Family Court Decisions (High Court Judges)


Rapisarda v Colladon [2014] EWFC 1406 (08 May 2014)

High Court (Commercial Court)

Landesbank Hessen-Thuringen Girozentrale & Ors v Bayerische Landesbank, London Branch & Anor [2014] EWHC 1404 (Comm) (08 May 2014)

Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund 1971 [2014] EWHC 1394

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 13th, 2014 in law reports by sally

Supreme Court

L Batley Pet Products Ltd v North Lanarkshire Council (Scotland) [2014] UKSC 27 (08 May 2014)

Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor [2014] UKSC 26 (08 May 2014)

Court of Appeal (Criminal Division)

Golding, R v [2014] EWCA Crim 889 (08 May 2014)

Court of Appeal (Civil Division)

Holder v Gedling Borough Council & Ors [2014] EWCA Civ 599 (08 May 2014)

Saigol v Thorney Ltd (t/a Thorney Motorsport) [2014] EWCA Civ 556 (08 May 2014)

Manolete Partners Plc v Hastings Borough Council [2014] EWCA Civ 562 (07 May 2014)

High Court (Chancery Division)

Friends Life Management Services Ltd v A & A Express Building Ltd [2014] EWHC 1463 (Ch) (09 May 2014)

Arbuthnott v Bonnyman & Ors [2014] EWHC 1410 (Ch) (08 May 2014)

High Court (Administrative Court)

Mohamed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1405 (Admin) (08 May 2014)

A & Anor, R (on the application of) v Secretary of State for Health [2014] EWHC 1364 (Admin) (08 May 2014)

Singh, R (on the application of) v Ealing Magistrates Court & Anor [2014] EWHC 1443 (Admin) (08 May 2014)

Andrews, R (on the application of) v Secretary of State for Environment Food and Rural Affairs [2014] EWHC 1435 (Admin) (08 May 2014)

High Court (Commercial Court)

Mid-East Sales Ltd v United Engineering And Trading Company (PVT) Ltd & Anor [2014] EWHC 1457 (Comm) (09 May 2014)

Family Court Decisions (High Court Judges)

N (A Child) (Adoption Order) [2014] EWFC 1491 (02 May 2014)

Source: www.bailii.org

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Barnes (as former Court Appointed Receiver) (Appellant) v The Eastenders Group and another (Respondents) – Supreme Court

Barnes (as former Court Appointed Receiver) (Appellant) v The Eastenders Group and another (Respondents) [2014] UKSC 26 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

In re Olympus UK Ltd and others – WLR Daily

Posted May 8th, 2014 in law reports, mergers, regulations, shareholders by tracey

In re Olympus UK Ltd and others; [2014] EWHC 1350 (Ch); [2014] WLR (D) 184

‘A proposed cross-border merger where the shareholders in the transferor company had agreed not to receive shares or other securities in the transferee would be compliant with and effective under the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974).’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily

Secretary of State for the Home Department v Mohamed (formerly CC); Same v CF; [2014] EWCA Civ 559; [2014] WLR (D) 187

‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’

WLR Daily, 2nd May 2014

Source: www.iclr.co.uk

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel – WLR Daily

Posted May 8th, 2014 in jurisdiction, landlord & tenant, law reports, leases, tribunals by tracey

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185

‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by tracey

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 8th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Ahmed v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 566 (07 May 2014)

RB v Brighton & Hove City Council [2014] EWCA Civ 561 (07 May 2014)

HH (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 569 (07 May 2014)

AW Group Ltd v Taylor Walton (a firm) [2014] EWCA Civ 592 (07 May 2014)

Webster & Ors v Mark Liddington & Ors [2014] EWCA Civ 560 (07 May 2014)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Tinkler & Anor v Elliott [2014] EWCA Civ 564 (07 May 2014)

Davies & Anor v Davies [2014] EWCA Civ 568 (07 May 2014)

High Court (Administrative Court)

Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (07 May 2014)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin) (07 May 2014)

High Court (Chancery Division)

FSS Pension Trustees Ltd v The Board of the Pension Protection Fund [2014] EWHC 1397 (Ch) (07 May 2014)

High Court (Commercial Court)

American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014)

Kaneria v The English & Wales Cricket Board Ltd [2014] EWHC 1348 (Comm) (06 May 2014)

High Court (Queen’s Bench Division)

Mughal v Telegraph Media Group Ltd [2014] EWHC 1371 (QB) (07 May 2014)

Source: www.bailii.org

Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by tracey

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by tracey

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 6th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 (02 May 2014)

Mohamed & Anor v Secretary of State for the Home Department [2014] EWCA Civ 559 (02 May 2014)

Court of Appeal (Criminal Division)

Golds, R v [2014] EWCA Crim 748 (02 May 2014)

Thompson v R [2014] EWCA Crim 836 (02 May 2014)

High Court (Administrative Court)

Goldsmith International Business School, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1232 (Admin) (02 May 2014)

JF, R (on the application of) v NHS Sheffield Clinical Commissioning Group [2014] EWHC 1345 (Admin) (02 May 2014)

Goodchild-Simpson v General Medical Council [2014] EWHC 1343 (Admin) (02 May 2014)

Hafeez, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1342 (Admin) (02 May 2014)

M v Director of Legal Aid Casework & Ors [2014] EWHC 1354 (Admin) (02 May 2014)

High Court (Chancery Division)

Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor [2014] EWHC 1316 (Ch) (02 May 2014)

Giles v The Royal National Institute for the Blind & Ors [2014] EWHC 1373 (Ch) (02 May 2014)

Wood & Anor v Waddington [2014] EWHC 1358 (Ch) (01 May 2014)

High Court (Queen’s Bench Division)

Mohammed v Ministry of Defence & Ors [2014] EWHC 1369 (QB) (02 May 2014)

Source: www.bailii.org

 

 

 

 

 

 

 

 

BAILII: Recent Decisions

Posted May 2nd, 2014 in law reports by tracey

Court of Appeal (Civil Division)

KP, Re [2014] EWCA Civ 554 (01 May 2014)

Lee-Hirons, R (On the Application Of) v The Secretary of State for Justice [2014] EWCA Civ 553 (01 May 2014)

Court of Appeal (Criminal Division)

Cox v R. [2014] EWCA Crim 804 (01 May 2014)

High Court (Administrative Court)

Uba v Secretary of State for the Home Department [2014] EWHC 1166 (Admin) (01 May 2014)

Forest of Dean Friends of the Earth v Forest of Dean District Council & Anor [2014] EWHC 1351 (Admin) (01 May 2014)

Bridgerow Ltd, R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin) (30 April 2014)

Gallagher Homes Ltd & Anor v Solihull Metropolitan Borough Council [2014] EWHC 1283 (Admin) (30 April 2014)

Zhang, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1310 (Admin) (29 April 2014)

Njie v Nursing and Midwifery Council [2014] EWHC 1279 (Admin) (25 April 2014)

High Court (Chancery Division)

Vodafone Group Plc, Re [2014] EWHC 1357 (Ch) (01 May 2014)

Olympus UK Ltd & Ors [2014] EWHC 1350 (Ch) (01 May 2014)

High Court (Commercial Court)

Starbev Gp Ltd v Interbrew Central European Holdings BV [2014] EWHC 1311 (Comm) (29 April 2014)

Tchenguiz & Anor v Director of the Serious Fraud Office [2014] EWHC 1315 (Comm) (29 April 2014)

Otkritie International Investment Management Ltd & Ors v Urumov & Ors [2014] EWHC 1323 (Comm) (29 April 2014)

High Court (Family Division)

London Borough of Haringey v Musa [2014] EWHC 1341 (Fam) (16 April 2014)

High Court (Queen’s Bench Division)

Contostavlos & Anor v News Group Newspapers Ltd [2014] EWHC 1339 (QB) (01 May 2014)

Source: www.bailii.org

Regina v White (Anthony) – WLR Daily

Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175

‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

Jafri v Lincoln College – WLR Daily

Posted May 1st, 2014 in appeals, employment, employment tribunals, law reports by sally

Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178

‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily

Posted May 1st, 2014 in contempt of court, crime, law reports, media, Privy Council by sally

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) [2014] UKPC 11; [2014] WLR (D) 179

‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk