Category: law reports

Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina (Akin) v Stratford Magistrates’ Court – WLR Daily

Posted December 8th, 2014 in law reports, licensed premises, licensing, local government, police, regulations by sally

Regina (Akin) v Stratford Magistrates’ Court [2014] WLR (D) 518

‘The approach to procedural irregularity in R v Secretary of State for the Home Department, Ex p Jeyeanthan [2000] 1 WLR 345 was applicable to the Licensing Act 2003 and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 made thereunder.’

WLR Daily, 2nd December 2014

Source: www.iclr.co.uk

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Posted December 8th, 2014 in environmental protection, health & safety, judicial review, law reports, London, news, water by sally

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina v Adebolajo and another – WLR Daily

Posted December 8th, 2014 in appeals, law reports, murder, religiously aggravated offences by sally

Regina v Adebolajo and another [2014] WLR (D) 519

‘A defendant’s claim that he was a soldier of Allah who was, or believed himself to be, engaged in a war or rebellion against the United Kingdom, did not amount to a defence to a charge of the murder of an off-duty soldier.’

WLR Daily, 3rd December 2014

Source: www.iclr.co.uk

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, law reports, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, law reports, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) – Supreme Court

Posted December 3rd, 2014 in damages, housing, landlord & tenant, law reports by sally

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) [2014] UKSC 65 (YouTube)

Supreme Court, 3rd December 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) – WLR Daily

Posted December 2nd, 2014 in contracts, fraud, gambling, law reports by sally

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504

‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’

WLR Daily, 8th October 2014

Source: www.iclr.co.uk

Osman and another v Natt and another – WLR Daily

Posted December 2nd, 2014 in appeals, enfranchisement, landlord & tenant, law reports, leases, notification by sally

Osman and another v Natt and another [2014] EWCA Civ 1520; [2014] WLR (D) 505

‘On its proper interpretation the statutory scheme of the Leasehold Reform, Housing and Urban Development Act 1993 required the court to hold that a purported notice under section 13 claiming the right to collective enfranchisement was invalid by virtue of the non-compliance with section 13(3)(e) in failing to identify all the qualifying tenants and to state their addresses in the property. The intention of the legislature as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina v Brennan – WLR Daily

Posted December 2nd, 2014 in appeals, diminished responsibility, expert witnesses, homicide, law reports, mental health, murder by sally

Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502

‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

Regina (J) v Worcestershire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 2nd, 2014 in children, law reports, local government, social services by sally

Regina (J) v Worcestershire County Council (Equality and Human Rights Commission intervening) [2014] EWCA Civ 1518; [2014] WLR (D) 503

‘A local authority’s power to provide services to children in need under section 17 of the Children Act 1989 was not limited to children who were physically present in the local authority’s area at the time when the services were provided but extended to the provision of services to children who, although physically present at the time of assessment as children in need, were outside the area at the time of provision.’

WLR Daily, 25th November 2014

Source: www.iclr.co.uk

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

Posted December 2nd, 2014 in appeals, asylum, children, law reports, social services by sally

Regina (GE) (Eritrea) v Secretary of State for the Home Department and another [2014] EWCA Civ 1490; [2014] WLR (D) 500

‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Yapp v Foreign and Commonwealth Office – WLR Daily

Posted December 2nd, 2014 in appeals, contract of employment, diplomats, disciplinary procedures, duty of care, law reports by sally

Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501

‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

In re APCOA Parking Holdings GmbH and others – WLR Daily

Posted December 2nd, 2014 in company law, jurisdiction, law reports, news, schemes of arrangement by sally

In re APCOA Parking Holdings GmbH and others [2014] EWHC 3849 (Ch); [2014] WLR (D) 499

‘The court had jurisdiction to sanction a scheme of arrangement pursuant to Part 26 of the Companies Act 2006 where, pursuant to a change of law clause in a facilities agreement governing the indebtedness of the scheme companies, a change of governing law to English law had been effected, even though the parties were incorporated in another jurisdiction and had COMI in another jurisdiction. The change of law was valid even where the original choice of law was the foundation for access to the processes and provisions of the new law chosen and those processes and provisions enabled the same parties as objected to the change of law to be placed under compulsion to accept some further change in their existing contractual rights.’

WLR Daily, 19th November 2014

Source: www.iclr.co.uk

Galiazia v Governor of HMP Hewell and others – WLR Daily

Posted December 2nd, 2014 in law reports, release on licence, remand, sentencing by sally

Galiazia v Governor of HMP Hewell and others [2014] EWHC 3427 (Admin); [2014] WLR (D) 509

‘Section 240ZA(3) of the Criminal Justice Act 2003, as inserted, allowed time on remand to be counted only against time spent in custody and it could not be credited to reduce time spent on licence.’

WLR Daily, 23rd November 2014

Source: www.iclr.co.uk

Nakhla v General Medical Council – WLR Daily

Posted December 2nd, 2014 in appeals, doctors, education, law reports by sally

Nakhla v General Medical Council [2014] EWCA Civ 1522; [2014] WLR (D) 510

‘In considering whether a foreign-trained surgeon had satisfied the relevant requirements, as to training and experience, for registration as a specialist, where such registration was a necessary precondition for permanent appointment as an NHS consultant, careful attention was to be given to the qualifications and experience relied upon, in particular with regard to article 8(2) of the Postgraduate Medical Education and Training Order of Council 2010.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Regina (C1 and another) v Hackney London Borough Council – WLR Daily

Posted December 2nd, 2014 in children, housing, law reports, local government by sally

Regina (C1 and another) v Hackney London Borough Council [2014] EWHC 3670 (Admin); [2014] WLR (D) 507

‘The system by which one local authority handling local government responsibilities could, under section 27 of the Children Act 1989 and with mandatory effect, request another authority to assist in relation to housing did not apply as between departments within the same local authority.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Nayif v High Commission of Brunei Darrusalam – WLR Daily

Posted December 2nd, 2014 in appeals, employment tribunals, estoppel, law reports by sally

Nayif v High Commission of Brunei Darrusalam [2014] EWCA Civ 1521; [2014] WLR (D) 508

‘Issue estoppel would not apply in circumstances where there had been no actual adjudication of the relevant issue and no action by a party which would justify treating him as having consented to not having the matter formally determined.’

WLR Daily, 27th November 2014

SOurce: www.iclr.co.uk