The appellant (X) appealed against a sentence of three years' imprisonment following a guilty plea to burglary. X, who had numerous previous convictions for offences including burglary, had entered a house at night when the occupants, a mother and her autistic son, were upstairs. There was no confrontation and X took property including a television. … Continue reading R v JAMIE LEE APPLEBY (2016)
MERCHANT INTERNATIONAL CO LTD v NATSIONALNA AKTSIONERNA KOMPANIIA NAFTOGAZ UKRAINY (2016)
A company (M) applied for an order for security for costs as a condition of the grant of permission for the respondent Ukrainian state energy company (N) to appeal against the appointment of a receiver. M had obtained judgment for US$25 million against N in 2011 which it had been unable to enforce. M became … Continue reading MERCHANT INTERNATIONAL CO LTD v NATSIONALNA AKTSIONERNA KOMPANIIA NAFTOGAZ UKRAINY (2016)
(1) JASON MARK EVANS (2) STEPHEN JOHN BURKINSHAW v (1) PETER JONES (2) HELEN JONES (2016)
The liquidators of a company appealed against a decision that payments made to its shareholders (J) in the period before its liquidation could not be recovered because they had not been made at a "relevant time" within the Insolvency Act 1986 s.240(2). The company had been a property development company. In its projects, it relied … Continue reading (1) JASON MARK EVANS (2) STEPHEN JOHN BURKINSHAW v (1) PETER JONES (2) HELEN JONES (2016)
MA Pakistan (2016)
What do you think of this case? Let us know by leaving a comment below! If you like this Lawtel case summary and would like to read more cases like this, subscribe to this website, like this post and leave a comment! [2016] EWCA Civ 705 As part of my new role as an Advocate, … Continue reading MA Pakistan (2016)
PRICE v CROWN PROSECUTION SERVICE (2016)
The court refused to grant a certificate of inadequacy under the Drug Trafficking Act 1994 s.17 in respect of a confiscation order imposed after the applicant was convicted of importing cocaine. Instead of providing an honest account of the profit he made from his criminal activities, he simply ignored the evidence that he had made … Continue reading PRICE v CROWN PROSECUTION SERVICE (2016)
LSREF III WIGHT LTD v MILLVALLEY LTD (2016)
A restructured swap agreement had mistakenly referred to the wrong version of the International Swaps and Derivatives Association master agreement, but the drafting had not gone so wrong that the court could correct it. However, the agreement would be rectified as the parties had had a continuing common intention about which version of the master … Continue reading LSREF III WIGHT LTD v MILLVALLEY LTD (2016)
R (on the application of ANDREW JEDWELL) (Claimant) v DENBIGHSHIRE COUNTY COUNCIL (Defendant) & (1) DH JONES (2) DR JONES (Interested Parties) (2016)
The court set out guidance on the giving of reasons in cases where a local planning authority had issued a negative screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 ruling out the need for an environmental impact assessment in determining a planning application. The court was required … Continue reading R (on the application of ANDREW JEDWELL) (Claimant) v DENBIGHSHIRE COUNTY COUNCIL (Defendant) & (1) DH JONES (2) DR JONES (Interested Parties) (2016)
R (on the application of FREEMONT (DENBIGH) LTD) (Claimant) v WELSH MINISTERS (Defendants) & DENBIGHSHIRE COUNTY COUNCIL (Interested Party) : FREEMONT (DENBIGH) LTD v (1) WELSH MINISTERS (2) DENBIGHSHIRE COUNTY COUNCIL (2016)
The Welsh Ministers had rightly confirmed (i) notices issued by a local authority under the Planning (Listed Buildings and Conservation Areas) Act 1990 s.55 entitling it to recover its expenses of carrying out works to preserve listed buildings; (ii) a compulsory purchase order authorising the local authority to acquire the site of the listed buildings. … Continue reading R (on the application of FREEMONT (DENBIGH) LTD) (Claimant) v WELSH MINISTERS (Defendants) & DENBIGHSHIRE COUNTY COUNCIL (Interested Party) : FREEMONT (DENBIGH) LTD v (1) WELSH MINISTERS (2) DENBIGHSHIRE COUNTY COUNCIL (2016)
MONARCH AIRLINES LTD v YAQAB (2016)
A permanent anti-harassment injunction was granted against an airline's former cabin attendant who had launched a campaign of intimidation against the company's employees following the failure of his unfair dismissal claim. The applicant airline company applied for a permanent anti-harassment injunction against the respondent former employee. The respondent had worked for the airline as a … Continue reading MONARCH AIRLINES LTD v YAQAB (2016)
R v M (2016)
An offender who, with another, had prevented a rape victim from calling the police for fear that police involvement would result in loss of their tenancy, had his prison sentence of six years for false imprisonment and a concurrent three years for assault reduced to match that of the co-accused, namely four-and-a-half and two years … Continue reading R v M (2016)
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