BAILII: Recent Decisions
Court of Appeal (Civil Division)
Greenland Bank Ltd v American Express Bank Ltd [2009] EWCA Civ 14 (27 January 2009)
High Court (Administrative Court)
Source: www.bailii.org
Day: 28 January 2009
Parallel importer jailed for up to nine months in Microsoft case – OUT-LAW.com
“A software distributor faces nine months in jail for selling ‘grey’ imported copies of Microsoft software. Sales firm ITAC’s founder Barry Omesuh must pay £2.5 million in damages to the software giant.”
OUT-LAW.com, 28th January 2009
Source: www.out-law.com
R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) – WLR Daily
“The decision to abandon a prosecution because of the victim’s mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim’s rights under art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 27th January 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.
R (The Electoral Commission) v City of Westminster Magistrates’ Court – WLR Daily
“There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so.”
WLR Daily, 27th January 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.
Adorian v Commissioner of Police of the Metropolis – WLR Daily
Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23
“The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”
WLR Daily, 26th January 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.
Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports
Court of Justice of the European Communities
“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”
The Times, 28th January 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.
Family Procedure Rule Committee news: November – December 2008 – Ministry of Justice
“The Family Procedure Rule Committee has published details of its work in November and December 2008.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
Responding to human rights judgments – Ministry of Justice
“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
Blogger who didn’t delete comment cannot sue over it, says High Court – OUT-LAW.com
“A man who was criticised in the comments section of his own blog cannot sue for defamation because he did not delete the comment when he discovered it, the High Court has said. The Court said that the man consented to the comment’s publication.”
OUT-LAW.com, 27th January 2009
Source: www.out-law.com
Virgin Atlantic loses design rights and patent claims over flatbed seats – OUT-LAW.com
“Airline Virgin Atlantic has lost its claim that a rival airline’s seat infringed its intellectual property rights. Virgin Atlantic’s patent design rights were not infringed by a design produced by Virgin’s seat design contractor for a rival, the High Court said.”
OUT-LAW.com, 27th January 2009
Source: www.out-law.com
Two men jailed after pub murder – BBC News
“A man has been sentenced to life for shooting dead a father-of-two in a pub.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Squatters ordered out of Mayfair – BBC news
“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
Mentally ill victim was failed by CPS – The Independent
“A decision by prosecutors to drop a serious criminal assault case because the victim, who had half an ear bitten off, suffered mental health problems, has been severely criticised by High Court judges.”
The Independent, 28th January 2009
Source: www.independent.co.uk
Secret Cabinet minutes on Iraq must be made public, tribunal rules – The Times
“Minutes of Cabinet discussions on the legality of war in Iraq have been ordered to be made public by the Information Tribunal, which today rejected appeals by the head of the civil service to keep them secret.”
The Times, 27th January 2009
Source: www.timesonline.co.uk
Police forces not meeting standards for monitoring sex offenders – Daily Telegraph
“An investigation claimed at least 30 forces were failing to meet guidelines on the minimum number of home visits for sex offenders under their watch.”
Daily Telegraph, 28th January 2009
Source: www.telegraph.co.uk
Cheltenham director Christine Laird sued for ‘lying about illness’ – The Times
“A local authority accused its former managing director of fraudulent behaviour and deceit yesterday, claiming that she withheld her history of depressive illness when applying for the job.”
The Times, 28th January 2009
Source: www.timesonline.co.uk
Thousands of care homes face £50,00 fine over failure to reach basic standard – The Times
“One in five residential care homes in England flouts national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.”
The Times, 28th January 2009
Source: www.timesonline.co.uk
