BAILII: Recent Decisions

Posted July 27th, 2009 in news by sally

Court of Appeal (Criminal Division)

Khan, R v [2009] EWCA Crim 1569 (27 July 2009)

High Court (Chancery Division)

Berryland Books Ltd v BK Books Ltd & Ors [2009] EWHC 1877 (Ch) (24 July 2009)

Musawi v Bevis Trustees Ltd & Anor [2009] EWHC 1915 (Ch) (27 July 2009)

Nokia Corporation v Revenue & Customs [2009] EWHC 1903 (Ch) (27 July 2009)

High Court (Administrative Division)

Birmingham & Solihull Taxi Association & Anor, R (on the application of) v Birmingham International Airport Ltd & Anor [2009] EWHC 1913 (Admin) (27 July 2009)

Al-Haq, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 1910 (Admin) (27 July 2009)

High Court (Commercial Court)

Compania Sud Americana De Vapores SA v Sinochem Tianjin Import and Export Corp [2009] EWHC 1880 (Comm) (24 July 2009)

Source: www.bailii.org

Business claims fuel surge in libel actions – The Times

Posted July 27th, 2009 in news by sally

“Libel actions have soared in recent months as companies increasingly resort to the courts to defend their reputations, according to a new figures published today.”

Full story

The Times, 27th July 2009

Source: www.timesonline.co.uk

Advisory Panel on Public Sector Information publishes annual report – Ministry of Justice

Posted July 27th, 2009 in Ministry of Justice, news, reports by sally

“The Advisory Panel on Public Sector Information (APPSI) has published its annual report for 2008-09.”

Full story

Ministry of Justice, 27th July 2009

Source: www.justice.gov.uk

Race complaints by Sikh police officer upheld by tribunal – The Independent

“A Sikh police officer suffered racist and religious discrimination during training, an employment tribunal found.”

Full story

The Independent, 27th July 2009

Source: www.independent.co.uk

Killer chopped off victim’s head – BBC News

Posted July 27th, 2009 in diminished responsibility, homicide, news, sentencing by sally

“A man who hacked off the head of his neighbour and put it in a wheelie bin has been detained indefinitely.”

Full story

BBC News, 27th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009)

High Court (Chancery Division)

Heath v Kelly & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

High Court (Family Division)

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Y v I [2009] EWHC 1378 (Fam) (28 May 2009)

High Court (Administrative Court)

V, R (on the application of) v Asylum and Immigration Tribunal & Anor [2009] EWHC 1902 (Admin) (24 July 2009)

High Court (Technology and Construction Court)

Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC) (24 July 2009)

Source: www.bailii.org

Dinghy sailors and canoeists to be subject to shipping laws – The Times

Posted July 27th, 2009 in news by sally

“Canoes, surfboards and dinghies are to be given the same legal status as cruise liners and oil tankers in a clampdown on reckless behaviour at sea.”

Full story

The Times, 27th July 2009

Source: www.timesonline.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another – WLR Daily

Posted July 27th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257

“A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer.”

WLR Daily, 24th July 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.

Azaz v Denton – WLR Daily

Posted July 27th, 2009 in law reports, limitations, personal injuries by sally

Azaz v Denton [2009] EWHC 1759 (QB); [2009] WLR (D) 256

WLR Daily, 24th July 2009

“The three-year limitation period under s 11 of the Limitation Act 1980 applied to the whole action where a claim for damages for personal injuries was one of a number of claims.”

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.

Easterly Ltd v Headway plc – WLR Daily

Posted July 27th, 2009 in law reports, pensions, trusts, winding up by sally

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th July 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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th July 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 (F and another) v Secretary of State for Justice – WLR Daily

Posted July 27th, 2009 in criminal records, human rights, law reports, sexual offences by sally

R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25

“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”

WLR Daily, 24th July 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.

O’Donnell v Shanahan and another – WLR Daily

Posted July 27th, 2009 in company directors, fiduciary duty, law reports by sally

O’Donnell v Shanahan and another [2009] EWCA Civ 751; [2009] WLR (D) 252

“A company director had a duty to inform the company of a relevant business opportunity and could not make his own decision that the company would not be interested, and without more, appropriate the opportunity to himself.”

WLR Daily, 24th July 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.

Octagon Assets Ltd v Remblance and Another – Times Law Reports

Posted July 27th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon Assets Ltd v Remblance and Another

Court of Appeal

“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

In re X (a Child) (Rights of media attendance) – Times Law Reports

Posted July 27th, 2009 in family courts, law reports, media by sally

In re X (a Child) (Rights of media attendance)

Family Division

“The burden of satisfying the court that the media should be excluded from a hearing in family proceedings lay upon the party applying for the exclusion.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

Torture – new claim of secret UK complicity – The Guardian

Posted July 27th, 2009 in intelligence services, news, torture by sally

“A businessman who was held and mistreated in the United Arab Emirates following the London bombings believes he has evidence that British consular officials asked permission from the UK’s own security services to visit him while he was detained.”

Full story

The Guardian, 26th July 2009

Source: www.guardian.co.uk

Crown Prosecution Service accused of ‘Alice in Wonderland’ accounting – Daily Telegraph

Posted July 27th, 2009 in accounts, Crown Prosecution Service, news by sally

“The CPS said it had spent £11.5 million less in 2008/09 and £17.1 million less the previous year by using its own lawyers for prosecutions rather than hiring outside barristers.”

Full story

Daily Telegraph, 27th July 2009

Source: www.telegraph.co.uk

MoD contests injured soldiers’ payouts – The Guardian

Posted July 27th, 2009 in armed forces, compensation, news, personal injuries by sally

“The government is attempting to deny injured soldiers full compensation for their health problems, it emerged today (26 July).”

Full story

The Guardian, 26th July 2009

Source: www.guardian.co.uk