Court of Appeal (Civil Division)
Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)
High Court (Queen’s Bench Division)
High Court (Commercial Court)
Source: www.bailii.org
“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35
“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34
“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (TF) v Secretary of State for Justice
Court of Appeal
“A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it.”
The Times, 6th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33
“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”
WLR Daily, 4th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32
“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”
WLR Daily, 4th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31
“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”
WLR Daily, 4th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Women peace activists have been told by a judge they can continue camping outside the Aldermaston nuclear weapons site, no matter how ‘tiresome’ the Ministry of Defence thinks they are.”
The Independent, 6th February 2009
Source: www.independent.co.uk
“An independent watchdog should immediately be appointed to clean up the House of Lords, Sir Christopher Kelly, the official Whitehall standards regulator, says.”
Daily Telegraph, 6th February 2009
Source: www.telegraph.co.uk
“A trawlerman who faked his own death and sent an obituary to a magazine to avoid paying fines of up to £1m for flouting fishing regulations is facing jail.”
The Independent, 6th February 2009
Source: www.independent.co.uk
“The steady expansion of the ‘surveillance society’ risks undermining fundamental freedoms including the right to privacy, according to a House of Lords report published today.”
The Guardian, 6th February 2009
Source: www.guardian.co.uk
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