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Mar 13 2013 (FN)

Her Majesty's Revenue and Customs Vs. Aimia Coalition Loyalty UK Limit ...

Court : UK Supreme Court

Lord Reed: Introduction 1. This appeal concerns the well-known Nectar scheme. Its essential elements as at the relevant time can be summarised as follows. A member of the scheme has an account with Aimia Coalition Loyalty UK Ltd, formerly called Loyalty Management UK Ltd ("LMUK"), the promoter of the scheme, and is issued with a Nectar card. When a member purchases goods or services from a retailer which has agreed with LMUK to participate in the scheme in relation to the issue of "points", the retailer swipes the Nectar card and the member's account with LMUK is electronically credited with a number of points. The member is then entitled to use the points to receive goods or services, either at no cost or at a reduced cost, from a retailer which has agreed with LMUK to participate in the scheme in relation to the "redemption" of points. When the member receives goods or services from that retailer, the retailer swipes the Nectar card and the member's account with LMUK is electronicall...

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Mar 13 2013 (FN)

Werit (Uk) Limited Vs. Schütz (Uk) Limited and Another

Court : UK Supreme Court

LORD NEUBERGER (with whom Lord Walker, Lady Hale, Lord Mance and Lord Kerr agree) 1. A person infringes a patent for a particular product if "he makes, disposes of, offers to dispose of, uses or imports the product or keeps it " “ see section 60(1)(a) of the Patents Act 1977 ("the 1977 Act"). The principle issue on this appeal concerns the meaning of the word "makes". The other aspect of this appeal raises a number of issues arising out of section 68 of the 1977 Act. The background facts and the patent in suit Intermediate Bulk Containers 2. An intermediate bulk container, unsurprisingly known as an "IBC", is a large container, normally around 1000 litres in volume, used for the transport of liquids. Such containers face tough transport conditions. They must be capable of bearing heavy weights (as much as six tonnes, as they are often stacked four-high), of withstanding prolonged or violent vibration, and of resisting the forces caused by the liquid splashing around inside, witho...

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Mar 06 2013 (FN)

Daejan Investments Limited Vs. Benson and Others

Court : UK Supreme Court

LORD NEUBERGER (with whom Lord Clarke and Lord Sumption agree) 1. Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges, ie a specified proportion of the cost of providing such services. The right of a landlord to recover such service charges obviously depends on the terms of the particular lease, but, since 1972, Parliament has imposed certain statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges. 2. The current statutory requirements are contained in the Landlord and Tenant Act 1985 ("the 1985 Act"), which has been frequently amended, most relevantly for present purposes by the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act"). All references hereafter to sections are to sections of the 1985 Act as amended, unless the contrary is stat...

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Feb 27 2013 (FN)

Davies and Another T/a All Stars Nursery Vs. the Scottish Commission f ...

Court : UK Supreme Court

LORD HOPE (with whom Lord Kerr, Lord Wilson, Lord Reed and Lord Carnwath agree) 1. The appellants, Mrs Sheila Davies and Mrs Maureen Mowat, operate a children's nursery, known as All Stars Nursery, at 95 Don Street, Aberdeen. As it was a "care service" within the meaning of section 2(1)(m) of the Regulation of Care (Scotland) Act 2001 ("the 2001 Act"), it required to be registered under Part I of that Act. It was a criminal offence to provide a care service which is not registered: section 21. Section 1 of the 2001 Act established the Scottish Commission for the Regulation of Care ("the Commission") as a body corporate with the aim of creating a national body for the regulation of care services provided in Scotland. It was to the Commission that applications for registration had to be made under section 7. 2. The Commission had power under section 9 to grant an application unconditionally or subject to such conditions as it thought fit to impose. It also had a continuing duty to ensure...

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Feb 27 2013 (FN)

The Winding-up Board of Landsbanki Islands Hf (Scotland) Vs. Joint Adm ...

Court : UK Supreme Court

LORD HOPE (with whom Lord Walker, Lord Kerr, Lord Reed and Lord Carnwath agree) 1. Iceland is one of the most productive countries per capita in the world. It ranks high in economic and political stability. But the global financial crisis of 2008 exposed its dependence on the banking sector, and in the autumn of that year the nation's entire banking system failed. The dispute which has given rise to this appeal is one of the products of that crisis. It has its origin too in the fact that Iceland is a party, as are all the Member States of the European Union, to the Agreement on the European Economic Area ("the EEA Agreement") which was established on 1 January 1994. 2. On 6 December 2002 Annex IX (Financial Services) to the EEA Agreement was amended by the incorporation of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions ("the Directive"). Landsbanki Islands hf ("Landsbanki") and its wholly ow...

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Feb 27 2013 (FN)

Barclays Bank Plc Vs. the Financial Services Authority (a Company Limi ...

Court : UK Supreme Court

LORD MANCE (with whom Lord Neuberger, Lady Hale, Lord Clarke and Lord Sumption agree) Introduction 1. The issue on this appeal is whether and if so in what circumstances the Financial Services Authority ("FSA") should, as a condition of obtaining a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 ("FSMA") and/or section 37(1) of the Senior Courts Act 1981 ("SCA"), be required to give to the court a cross-undertaking in damages in favour of third parties affected by the injunction. The answer I would give is that there is no general rule that an authority like the FSA acting pursuant to a public duty should be required to give such an undertaking, and that there are no particular circumstances why it should be required to do so in the present case. 2. The issue has been argued as a matter of principle between the FSA and Barclays Bank plc ("Barclays"), a potentially affected third party. However, a brief statement of the background is appropriate. ...

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Feb 20 2013 (FN)

In the Matter of J (Children)

Court : UK Supreme Court

LADY HALE 1. In a free society, it is a serious thing indeed for the state compulsorily to remove a child from his family of birth. Interference with the right to respect for family life, protected by article 8 of the European Convention on Human Rights, can only be justified by a pressing social need. Yet it is also a serious thing for the state to fail to safeguard its children from the neglect and ill-treatment which they may suffer in their own homes. This may even amount to a violation of their right not to be subjected to inhuman or degrading treatment, protected by article 3 of the Convention. How then is the law to protect the family from unwarranted intrusion while at the same time protecting children from harm? 2. In England and Wales, the Children Act 1989 tries to balance these two objectives by setting a threshold which must be crossed before a court can consider what order, if any, should be made to enable the authorities to protect a child. The threshold is designed to r...

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Feb 20 2013 (FN)

The London Borough of Camden Vs. Sharif (Fc)

Court : UK Supreme Court

LORD CARNWATH (with whom Lord Walker agrees) 1. This appeal raises a short point under Part VII of the Housing Act 1996. The 1996 Act contains a set of provisions dealing with the obligations for housing authorities to those found to be homeless or threatened with homelessness. They were originally enacted in the Housing (Homeless Persons) Act 1977. Although there have been significant amendments, the general structure of the provisions has remained largely unaltered, as has the underlying principle that a home is somewhere which can accommodate a family together. 2. Thus in Din (Taj) v Wandsworth London Borough Council [1983] AC 657, Lord Fraser said: "One of the main purposes of that Act was to secure that, when accommodation is provided for homeless persons by the housing authority, it should be made available for all the members of his family together and to end the practice which had previously been common under which adult members of a homeless family were accommodated in a hoste...

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Feb 20 2013 (FN)

In the Matter of L and B (Children)

Court : UK Supreme Court

LADY HALE (with whom Lord Neuberger, Lord Kerr, Lord Wilson and Lord Sumption agree) 1. The issue in this case is whether and in what circumstances a judge who has announced her decision is entitled to change her mind. The issue arises in the context of fact-finding hearings in care proceedings in a family court, but it could obviously arise in any civil or family proceedings. So a subsidiary question is whether the principles are any different in that context. 2. One difference is that section 1(2) of the Children Act 1989 requires that any court hearing a case in which a question about the upbringing of a child arises is to have regard to the general principle that delay in determining it is likely to prejudice the welfare of the child. This court heard the appeal on 21 January 2013. The final hearing to determine the future of the child in question was fixed to take place the following week. Accordingly, we announced our decision to allow the appeal at the end of the hearing, with j...

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Feb 13 2013 (FN)

In the Matter of Digital Satellite Warranty Cover Limited and Another ...

Court : UK Supreme Court

LORD SUMPTION (with whom Lord Neuberger, Lady Hale, Lord Mance and Lord Clarke agree) 1. This appeal arises out of applications by the Financial Services Authority for orders to wind up the appellants in the public interest under section 367(1)(c) of the Financial Services and Markets Act 2000, on the ground that each of them "is carrying on, or has carried on, a regulated activity in contravention of the general prohibition." The general prohibition is the prohibition in Section 19 of the Act, which provides that no person may carry on a regulated activity unless he is either an authorised or an exempt person. Regulated activities are those specified by subordinate legislation: see section 22(5). They include a wide range of general insurance business, defined by Article 10 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), as the business of effecting or carrying out any of eighteen classes of contract of general insurance listed in Schedu...

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