Judgment call: 18th June 2012
When seeking production orders for footage taken by media organisations, the police had failed to establish that interference with the organisations’ rights under the European Convention on Human Rights 1950 art.10 was necessary and proportionate on the basis that the footage was likely to be of substantial value to criminal investigations.
17 May 2012
Application granted
For the claimants of (1) British
Sky Broadcasting; (2) Independent Television News; (3) British Broadcasting Corporation; (4) Hardcash Productions; (5) Jason Neil Parkinson
Doughty Street Chambers’ Gavin Millar QC; Bindmans partner
Martin Rackstraw
For the interested party Essex Police
1 Gray’s Inn Square’s James Lofthouse, instructed directly by Essex Police Legal Department
18 May 2012
The Leasehold Reform, Housing and Urban Development Act 1993 plainly contemplated that tenants could make successive applications to the court under s.22, and s.29 dealt expressly with the case where an application was discontinued.
It followed that the provisions on discontinuance in CPR r.38.7 did not apply in such circumstances, and a second or subsequent application under s.22 was not an abuse of process.
Appeal allowed
For the appellant Westbrook Dolphin Square
Falcon Chambers’ Nicholas Dowding QC and Anthony Radevsky; Pemberton Greenish partner Kerry Glanville
For the respondent Friends Provident
Falcon Chambers’ Stephen Jourdan QC; Maples Teesdale partner
David Stevens
Where the Court of Appeal had allowed an appeal, holding that detention of the appellant’s goods by the Revenue & Customs Commissioners was unlawful, the appellant was not entitled to costs from the commissioners because the Customs and Excise Management Act 1979 s.144(2)(b) was a statutory bar to recovery.
Judgment accordingly
For the appellants Eastenders Cash & Carry
Tanfield Chambers’ Geraint Jones QC and Marc Glover; Rainer Hughes senior partner Sanjay Panesar
For the respondent Revenue & Customs Commissioners
11KBW’s Jonathan Swift QC; One Crown Office Row’s Neil Sheldon, instructed by HM Revenue & Customs solicitor
In proceedings concerning a lender’s purported appropriation of charged shares in a company, the Court of Appeal of the British Virgin Islands had been wrong to order that the continuation of interim injunctive relief preserving the company’s management and control of itself and its related companies pending the hearing of its appeal was conditional upon it making a payment into court. While it could be appropriate to order security in respect of indebtedness that would exist if an appeal failed, there was on the facts no question of such indebtedness in the instant case.
Application refused
For the appellant Cukurova Finance International
One Essex Court’s Kenneth Maclean QC and James Nadin; White & Case partner John Reynolds
For the respondent Alfa Telecom
New Square Chambers’ Stephen Smith QC and Robert Levy QC; Hogan Lovells partner Chris Hardman
An NHS trust’s disciplinary decision to dismiss an employee under his contract of employment did not determine any civil right of his within the meaning of the European Convention on Human Rights 1950 art.6.
Appeal dismissed
For the appellant Mattu
Old Square Chambers’ John Hendy QC, Giles Powell and Nicola Newbegin; Ashfords
partner Stephen Moore
For the respondent Coventry and Warwickshire NHS Trust
11KBW’s John Cavanagh QC, instructed by Harrison Clark partner Jennifer Jones
The commissioner of an inquiry into systemic corruption in the Turks and Caicos Islands had been entitled to express preliminary conclusions of fact and to express opinions as to the implications of those facts in his report on whether there was justification for criminal proceedings. To have restricted his powers to no more than identifying any areas that merited further investigation would have robbed any report of almost all utility.
Appeal dismissed
For the appellant R (on the application of Hoffmann)
Blackstone Chambers’ David Pannick QC, Javan Herberg QC and Naina Patel; Arnold & Porter partner Dr Adela Williams
For the respondent Commissioner of Inquiry and the Governor of Turks and Caicos
One Crown Office Row’s Philip Havers QC; 3 Hare Court’s Howard Stevens QC; Charles Russell associate John Almeida
A clause in a licence to assign an underlease, which required the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears, was not a condition precedent of the liability under the guarantee, and the failure of the tenant to give such notice did not release the guarantor from its guarantee.
Appeal dismissed
For the appellants (1) Quisine Restaurants; (2) Nazar Nafie Shasha
Fountain Court’s Raymond Cox QC; TG Jones & Associates solicitor Mike Rattenbury
For the respondent Green King
Maitland Chambers’ John McGhee QC and Paul Clarke; Birketts senior associate James Robinson
