Category: law reports

In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

Posted February 11th, 2015 in appeals, child abduction, children, civil procedure rules, custody, families, joinder, law reports, litigation friends by sally

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

Posted February 11th, 2015 in appeals, contempt of court, Court of Protection, elderly, law reports, local government, residential care by sally

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 10th, 2015 in domestic violence, duty of care, law reports, murder, negligence, police, Wales by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted February 10th, 2015 in appeals, birds, energy, environmental protection, law reports, planning, Scotland, Supreme Court by sally

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 6th, 2015 in domestic violence, duty of care, human rights, law reports, negligence, police by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by tracey

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by tracey

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by tracey

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 28th, 2015 in law reports by tracey

Court of Appeal (Civil Division)

M (Republic of Ireland) (Child’s Objections) (Joinder of Children As Parties To Appeal) [2015] EWCA Civ 26 (27 January 2015)

Thorney Park Golf Ltd (t/a Laleham Golf Club) v Myers Catering Ltd [2015] EWCA Civ 19 (27 January 2015)

Walford v Worcestershire County Council [2015] EWCA Civ 22 (27 January 2015)

Mulugeta & Ors v R. [2015] EWCA Crim 6 (27 January 2015)

Hough v Greathall Ltd [2015] EWCA Civ 23 (27 January 2015)

Blankley v Central Manchester And Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18 (27 January 2015)

BB, PP, W, U & Ors v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015)

Powys Teaching Local Health Board v Dusza & Anor [2015] EWCA Civ 15 (22 January 2015)

Timmins & Anor, R (On the Application Of) v Gelding Borough Council [2015] EWCA Civ 10 (22 January 2015)

Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 3 (22 January 2015)

Welch v Waterworth [2015] EWCA Civ 11 (22 January 2015)

Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16 (22 January 2015)

Border v Lewisham And Greenwich NHS Trust [2015] EWCA Civ 8 (21 January 2015)

Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1) [2015] EWCA Civ 17 (21 January 2015)

Kaur v The Secretary of State for the Home Department [2015] EWCA Civ 13 (20 January 2015)

McCarthy, R (on the application of) v The Visitors to the Inns of Court & Anor [2015] EWCA Civ 12 (20 January 2015)

Hussain v The London Borough of Waltham Forest [2015] EWCA Civ 14 (20 January 2015)

Court of Appeal (Criminal Division)

S v R [2014] EWCA Crim 2648 (20 January 2015)

Dillon v R [2015] EWCA Crim 3 (20 January 2015)

Thorsby & Ors v The Queen [2015] EWCA Crim 1 (20 January 2015)

Chinegwundoh v R [2014] EWCA Crim 2649 (20 January 2015)

Ahmed v The Queen [2014] EWCA Crim 2647 (20 January 2015)

Wells & Ors v R [2015] EWCA Crim 2 (20 January 2015)

Source: www.bailii.org

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Hussain v Waltham Forest London Borough Council – WLR Daily

Posted January 27th, 2015 in appeals, homelessness, housing, law reports, local government, London, psychiatric damage by sally

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Elashmawy v Court of Brescia, Italy – WLR Daily

Posted January 27th, 2015 in appeals, extradition, foreign jurisdictions, human rights, law reports, prisons by sally

Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15

‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

Regina v Chinegwundoh – WLR Daily

Posted January 27th, 2015 in appeals, disabled persons, harassment, law reports, mental health, restraining orders by sally

Regina v Chinegwundoh [2014] EWCA Crim 2649; [2015] WLR (D) 18

‘A finding that a person under a disability had done the acts charged against him was not an acquittal and did not therefore give the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Webber v Department for Education – WLR Daily

Posted January 22nd, 2015 in law reports, ombudsmen, pensions, teachers by sally

Webber v Department for Education [2014] EWHC 4240 (Ch); [2015] WLR (D) 14

‘It was prima facie a matter for the ombudsman to assess whether and to what extent an oral hearing was necessary either to enable the investigation to be satisfactorily completed or out of fairness, and such decisions could only be challenged on appeal on the familiar basis that they exceeded the generous ambit within which reasonable disagreement was possible.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

Ashley and others v Tesco Stores Ltd and others – WLR Daily

Posted January 20th, 2015 in civil procedure rules, documents, law reports, Scotland, service, time limits by sally

Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11

‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’

WLR Daily, 15th January 2015

Source: www.iclr.co.uk

Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk