Category: law reports

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily

Posted March 23rd, 2015 in appeals, banking, bankruptcy, civil procedure rules, conflict of laws, contracts, jurisdiction, law reports by sally

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) [2015] EWCA Civ 226; [2015] WLR (D) 133

‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina v Doran and another – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, customs and excise, HM Revenue & Customs, law reports, proceeds of crime, proportionality, sentencing, VAT by sally

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina v Kakkad – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, conspiracy, drug offences, law reports, proceeds of crime by sally

Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130

‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening) – WLR Daily

Posted March 20th, 2015 in disability discrimination, equality, human rights, law reports, repossession, summary judgments by tracey

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening); [2015] UKSC 15; [2015] WLR (D) 121

‘The approach to be taken to a defence to a claim for possession of residential premises which alleged unlawful discrimination against a disabled person, contrary to the Equality Act 2010, was different from that which applied to a defence which alleged a breach of an individual’s rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, summary judgment would not normally be an appropriate procedure for dealing with a possession claim where a disability discrimination defence was raised.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, law reports, news, noise, personal injuries by tracey

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Kandola v Generalstaatsanwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily

Posted March 20th, 2015 in appeals, extradition, law reports by tracey

Kandola v Generalstaatsanwaltschaft Frankfurt, Germany: Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority); [2015] EWHC 619 (Admin); [2015] WLR (D) 126

‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 17th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Continue reading…

Levi and another v Bates and others – WLR Daily

Posted March 17th, 2015 in appeals, damages, harassment, law reports, victims by sally

Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119

‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina (Demetrio) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission (PC Harrington and another, interested parties) – WLR Daily

Posted March 17th, 2015 in complaints, law reports, police by sally

Regina (Demetrio) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission (PC Harrington and another, interested parties) [2015] EWHC 593 (Admin); [2015] WLR (D) 120

‘Section 10(6) of the Police Reform Act 2002 enabled the Independent Police Complaints Commission to do anything calculated to facilitate the carrying out of its functions, which included the power to reopen an investigation into allegations against a police constable, which had resulted in a final report that there was no case to answer.’

WLR Daily, 6th March 2015

Source: www.iclr.co.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor – WLR Daily

Posted March 17th, 2015 in judicial review, law firms, law reports, legal aid, regulations, ultra vires by sally

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor [2015] EWHC 523 (Admin); [2015] WLR (D) 114

‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 3rd March 2015

Source: www.iclr.co.uk

In re St John the Baptist, Penshurst – WLR Daily

Posted March 17th, 2015 in appeals, ecclesiastical law, law reports, listed buildings by sally

In re St John the Baptist, Penshurst [2015] WLR (D) 115

‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Posted March 17th, 2015 in appeals, compensation, drug abuse, EC law, insurance, law reports, uninsured drivers by sally

Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted March 17th, 2015 in appeals, commons, land registration, law reports, local government, Supreme Court by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Kololo v Commissioner of Police of the Metropolis – WLR Daily

Posted March 17th, 2015 in data protection, law reports, police by sally

Kololo v Commissioner of Police of the Metropolis [2015] EWHC 600 (QB); [2015] WLR (D) 111

‘A data subject access request made pursuant to section 7 of the Data Protection Act 1998 for the purpose of verifying the accuracy of the data held about the subject with a view to employing such data in foreign criminal appeal proceedings was not an abuse of process. In such circumstances, there was nothing to indicate that the Crime (International Co-operation) Act 2003 was the sole procedure by which evidence for use in foreign criminal proceedings could be obtained.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 13th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Continue reading…

Regina (Hourhope Ltd) v Shropshire Council – WLR Daily

Posted March 11th, 2015 in building law, law reports, local government, planning by tracey

Regina (Hourhope Ltd) v Shropshire Council: [2015] EWHC 518 (Admin); [2015] WLR (D) 100
‘The relevant question for determining whether the demolition deduction applied for the purposes of regulation 40 of the Community Infrastructure Regulations 2010 was whether the building was in actual lawful use at the material time and not whether there was a lawful use to which it could have been put.’

WLR Daily, 2nd March 2015

Source: www.iclr.co.uk