law reports – Page 112 – Current Awareness

Wall v Mutuelle de Poitiers Assurances – WLR Daily

Posted February 24th, 2014 in civil procedure rules, conflict of laws, damages, EC law, expert witnesses, law reports, personal injuries by sally

Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86

‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court

Posted February 21st, 2014 in constructive trusts, fraud, law reports, limitations by sally

Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted February 21st, 2014 in corporation tax, EC law, law reports, subsidiary companies by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2014] UKSC 11 & [2013] UKSC 30 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Regina v Howe (Kevin) – WLR Daily

Posted February 21st, 2014 in assisted suicide, attempts, law reports, sentencing, suicide by sally

Regina v Howe (Kevin) [2014] EWCA Crim 114; [2014] WLR (D) 77

‘The Court of Appeal, Criminal Division, gave guidance as to the appropriate level of sentence for offences of encouraging or assisting suicide, contrary to section 2(1) of Suicide Act 1961, taking into account the harm caused and the culpability of the offender.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v McLoughlin; Regina v Newell – WLR Daily

Posted February 21st, 2014 in human rights, imprisonment, law reports, murder, sentencing by sally

Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82

‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v Pace and another – WLR Daily

Posted February 21st, 2014 in appeals, attempts, law reports, proceeds of crime by sally

Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81

‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Posted February 21st, 2014 in compensation, financial advice, financial services ombudsman, law reports, ombudsmen, res judicata by sally

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 19th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

McLoughlin, R. v [2014] EWCA Crim 188 (18 February 2014)

Court of Appeal (Civil Division)

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 (18 February 2014)

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors [2014] EWCA Civ 12 (18 February 2014)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2014] EWHC 294 (QB) (18 February 2014)

Webley v St George’s Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

High Court (Administrative Court)

Walker v The Secretary for State for Education [2014] EWHC 267 (Admin) (14 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor [2014] EWHC 102 (Admin) (18 February 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 18th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Proctor, R. v [2014] EWCA Crim 162 (30 January 2014)

Court of Appeal (Civil Division)

Ray v Sekhri [2014] EWCA Civ 119 (14 February 2014)

Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Ltd [2014] EWCA Civ 100 (14 February 2014)

Donovan & Anor v Rana & Anor [2014] EWCA Civ 99 (14 February 2014)

High Court (Chancery Division)

Harding & Anor v Edwards & Ors [2014] EWHC 247 (Ch) (14 February 2014)

High Court (Family Division)

London Borough of Harrow v Afzal & Ors [2014] EWHC 303 (Fam) (31 January 2014)

Medway Council v Mother & Ors [2014] EWHC 308 (Fam) (31 January 2014)

The Prospective Adopters v IA & Anor [2014] EWHC 331 (Fam) (12 February 2014)

JEG v IS [2014] EWHC 287 (Fam) (13 February 2014)

High Court (Administrative Court)

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014)

Global Vision College Ltd, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 205 (Admin) (14 February 2014)

Kadyamarunga v Secretary of State for the Home Department [2014] EWHC 301 (Admin) (14 February 2014)

North Norfolk District Council v Secretary of State for Communities and Local Government & Anor [2014] EWHC 279 (Admin) (14 February 2014)

High Court (Technology and Construction Court)

Viridis UK Ltd v Mulalley & Company Ltd [2014] EWHC 268 (TCC) (11 February 2014)

High Court (Commercial Court)

Lakatamia Shipping Co Ltd v Nobu Su & Ors [2014] EWHC 275 (Comm) (13 February 2014)

Cottonex Anstalt v Patriot Spinning Mills Ltd [2013] EWHC 236 (Comm) (14 February 2014)

Source: www.bailii.org

Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Hamnett v Essex County Council – WLR Daily

Posted February 18th, 2014 in disabled persons, equality, jurisdiction, law reports, local government, parking, ultra vires by sally

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 17th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)

Court of Appeal (Civil Division)

Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)

Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)

Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)

High Court (Queen’s Bench Division)

Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)

Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)

High Court (Chancery Division)

Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)

Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)

High Court (Family Division)

NL (A Child), Re (Appeal: Interim Care Order: Facts And Reasons) [2014] EWHC 270 (Fam) (13 February 2014)

AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)

High Court (Administrative Court)

Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)

Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)

Van Der Pijl v Secretary of State for the Home Department & Anor [2014] EWHC 281 (Admin) (13 February 2014)

High Court (Technology and Construction Court)

The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)

Source: www.bailii.org

Regina (Walford) v Worcestershire County Council and another – WLR Daily

Posted February 17th, 2014 in care homes, community care, elderly, fees, law reports, local government, news by sally

Regina (Walford) v Worcestershire County Council and another [2014] EWHC 234 (Admin) ; [2014] WLR (D) 65

‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH (Case C‑479/12); [2014] WLR (D) 66

‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk