Category: law reports

BAILII: Recent Decisions

Posted December 1st, 2014 in law reports by tracey

Court of Appeal (Civil Division)

General Medical Council v Nakhla [2014] EWCA Civ 1522 (28 November 2014)

The Secretary of State for Communities and Local Government v Venn [2014] EWCA Civ 1539 (27 November 2014)

Dufoo v Tolaini & Ors [2014] EWCA Civ 1536 (27 November 2014)

Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 (27 November 2014)

Lougheed v On the Beach Ltd [2014] EWCA Civ 1538 (27 November 2014)

Natt & Anor v Osman & Anor [2014] EWCA Civ 1520 (26 November 2014)

EK (Ivory Coast) v The Secretary of State for the Home Department [2014] EWCA Civ 1517 (26 November 2014)

M (A Child) [2014] EWCA Civ 1519 (25 November 2014)

J, R (on Application of) v Worcestershire County Council [2014] EWCA Civ 1518 (25 November 2014)

Inplayer Ltd & Anor v Thorogood [2014] EWCA Civ 1511 (25 November 2014)

High Court (Administrative Court)

C, T, M & U, R (On the Application Of) v London Borough of Southwark [2014] EWHC 3983 (Admin) (28 November 2014)

Hughes, R (On the Application Of) v South Lakeland District Council [2014] EWHC 3979 (Admin) (28 November 2014)

The Heath & Hampstead Society, R (On the Application Of) v The City of London [2014] EWHC 3868 (Admin) (28 November 2014)

Mohammed, R (on the application of) v Local Safeguarding Children’s Board For Islington & Anor [2014] EWHC 3966 (Admin) (27 November 2014)

Ali, R (on the Application of) v The Secretary of State for the Home Department [2014] EWHC 3967 (Admin) (27 November 2014)

Aliyu & Anor, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3919 (Admin) (26 November 2014)

Hart v Governor of HMP Whitemoor [2014] EWHC 3913 (Admin) (24 November 2014)

Antonio, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3894 (Admin) (21 November 2014)

Ash Parish Council, R (On the Application Of) v Guildford Borough Council [2014] EWHC 3864 (Admin) (20 November 2014)

O’Connor v Secretary of State for Communities and Local Government & Anor [2014] EWHC 3821 (Admin) (20 November 2014)

Alemi, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3858 (Admin) (20 November 2014)

High Court (Chancery Division)

Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3915 (Ch) (26 November 2014)

LBI HF (in winding up proceedings) v Stanford [2014] EWHC 3921 (Ch) (25 November 2014)

Misland (Cyprus) Investments Ltd & Amor v McKillen & Anor [2014] EWHC 3859 (Ch) (25 November 2014)

Merck KGaA v Merck Sharp & Dohme Corp & Ors (Costs) [2014] EWHC 3920 (Ch) (21 November 2014)

Merck KGaA v Merck Sharp & Dohme Corp & Ors [2014] EWHC 3867 (Ch) (21 November 2014) 

Source:  www.bailii.org

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) – Supreme Court

Posted November 26th, 2014 in company law, financial dispute resolution, foreign companies, law reports, money laundering, Supreme Court, terrorism by sally

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) [2014] UKSC 64 (YouTube)

Supreme Court, 26th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Iraqi Civilians v Ministry of Defence – WLR Daily

Posted November 26th, 2014 in armed forces, detention, human rights, Iraq, law reports by sally

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB); [2014] WLR (D) 496

‘The legal effect of UN Security Council Resolutions 1483 of 22 May 2003 and 1511 of 16 October 2003 was that they imposed a duty on the United Kingdom in its role as an occupying power in Iraq to detain individuals where to do so was necessary for imperative reasons of security. However, nothing in the language of the Resolutions authorised the taking of such a measure in so far as doing so violated the United Kingdom’s obligation to secure rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

DD v Secretary of State for the Home Department – WLR Daily

Posted November 26th, 2014 in human rights, law reports, mental health, terrorism, terrorism prevention & investigation measures by sally

DD v Secretary of State for the Home Department [2014] EWHC 3820 (Admin); [2014 ] WLR (D) 495

‘A judgment as to whether article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms had been breached in a case of alleged inhuman or degrading treatment was reached not simply by reference to the impact of the treatment complained of on the individual, but by also having regard to the necessity and proportionality of the underlying treatment, and the possible alternatives, in the manner of its execution.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 25th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Continue reading…

Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Posted November 21st, 2014 in Court of Protection, deprivation of liberty safeguards, elderly, human rights, law reports, mental health by tracey

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 21st, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Rasheed v Secretary of State for the Home Department [2014] EWCA Civ 1493 (20 November 2014)

GE (Eritrea), R (On the Application Of) v Secretary of State for the Home Department Bedford Borough Council [2014] EWCA Civ 1490 (20 November 2014)

Colborne v Colborne [2014] EWCA Civ 1488 (20 November 2014)

Assaubayev & Ors v Michael Wilson & Partners Ltd [2014] EWCA Civ 1491 (20 November 2014)

W (Children) [2014] EWCA Civ 1492 (20 November 2014)

Court of Appeal (Criminal Division)

Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

High Court (Technology and Construction Court)

Group M UK Ltd v Cabinet Office [2014] EWHC 3863 (TCC) (20 November 2014)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 20th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

CM v Blackburn With Darwen Borough Council [2014] EWCA Civ 1479 (18 November 2014)

Rathbone Brothers Plc & Anor v Novae Corporate Underwriting Ltd [2014] EWCA Civ 1464 (14 November 2014)

Justice for Families Ltd v Secretary of State for Justice [2014] EWCA Civ 1477 (14 November 2014)

High Court (Administrative Court)

Cawsand Fort Management Company Ltd, R (on the Application of) v Kane & Ors [2014] EWHC 3808 (Admin) (18 November 2014)

Larkfleet Ltd, R (on the Application of) v Lincolnshire County Council [2014] EWHC 3760 (Admin) (18 November 2014)

Robert Hitchins Ltd, R (on the Application of) v Worcesteshire County Council & Ors [2014] EWHC 3809 (Admin) (18 November 2014)

Nakash, R (On the Application Of) v Metropolitan Police Service [2014] EWHC 3810 (Admin) (17 November 2014)

Khan, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3725 (Admin) (17 November 2014)

Wheeler v The Office of the Prime Minister the Secretary of State for the Home Department (Rev 1) [2014] EWHC 3815 (Admin) (14 November 2014)

Carnegie (On Behalf of the Oaks Action Group), R (On the Application Of) v Ealing [2014] EWHC 3807 (Admin) (14 November 2014)

High Court (Chancery Division)

Re Apcoa Parking Holdings GmbH [2014] EWHC 3849 (Ch) (19 November 2014)

Renewable Power & Light Ltd v McCarthy Tetrault & Ors [2014] EWHC 3848 (Ch) (18 November 2014)

IT Human Resources Plc v Land [2014] EWHC 3812 (Ch) (17 November 2014)

High Court (Commercial Court)

Sugar Hut Group Ltd & Ors v AJ Insurance [2014] EWHC 3775 (Comm) (19 November 2014)

Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV & Ors [2014] EWHC 3777 (Comm) (19 November 2014)

Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank v Maksimov & Ors (Rev 1) [2014] EWHC 3771 (Comm) (17 November 2014)

High Court (Family Division)

London Borough of Harrow v Rasul & Ors [2014] EWHC 3837 (Fam) (18 November 2014)

High Court (Queen’s Bench Division)

Rahmatullah v The Ministry of Defence [2014] EWHC 3846 (QB) (19 November 2014)

Hegglin v Person(s) Unknown & Google Inc [2014] EWHC 3793 (QB) (14 November 2014)

Godley, R v [2014] EWHC 2343 (QB) (14 November 2014)

Baynham v Royal Wolverhampton Hospitals NHS Trust [2014] EWHC 3780 (QB) (14 November 2014)

Hegglin v Person(s) Unknown & Google Inc [2014] EWHC 3798 (QB) (14 November 2014)

Serious Fraud Office v Evans & Ors [2014] EWHC 3803 (QB) (14 November 2014)

Source: www.bailii.org

Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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

Posted November 18th, 2014 in extradition, jurisdiction, law reports by sally

Regina (Harkins) v Secretary of State for the Home Department and another [2014] EWHC 3609 (Admin); [2014] WLR (D) 485

‘The test to be used for re-opening a judicial review of a decision to extradite was analogous to that in CPR r 52.17.
The Divisional Court so held in refusing Phillip Harkins’s renewed application for permission to claim judicial review of the Secretary of State for the Home Department’s decision that he should be extradited to the United States of America on charges of murder and attempted robbery. The Government of the USA was joined as an interested party.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another – WLR Daily

Posted November 18th, 2014 in appeals, defamation, law reports, limitations, time limits by sally

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another [2014] EWCA Civ 1411; [2014] WLR (D) 474

‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’

WLR Daily, 30th October 2014

Source: www.iclr.co.uk

Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Posted November 18th, 2014 in company directors, criminal records, EC law, law reports, public procurement, tenders by sally

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers – WLR Daily

Posted November 18th, 2014 in children, collective agreements, EC law, law reports, part-time work by sally

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers (Case C-476/12) ECLI:EU:C:2014:2332; [2014] WLR (D) 467

‘The principle pro rata temporis applied to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement pursuant to clause 4.2 of the Framework Agreement on part-time work.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk