Axa General Insurance Ltd and Others v Lord Advocate and Others
Court of Session, Outer House
“Acts of the Scottish Parliament could be reviewed on common law grounds as well as those set out in the Scotland Act 1998.”
The Times, 19th January 2010
Source: www.timesonline.co.uk
KH (Afghanistan) v Secretary of State for the Home Department
Court of Appeal
“Mental illness among failed asylum seekers could not be regarded as an exceptional circumstance.”
The Times, 19th January 2010
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Henry v Thames Valley Police [2010] EWCA Civ 5 (14 January 2010)
High Court (Chancery Division)
Dore & Ors (“BOTHCA”) v Leicestershire County Council & Ors [2010] EWHC 34 (Ch) (15 January 2010)
Megtian Ltd v HM Revenue & Customs [2010] EWHC 18 (Ch) (15 January 2010)
Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC 3484 (Ch) (16 December 2009)
Croly v Good & Ors [2010] EWHC 1 (Ch) (08 January 2010)
Ailyan & Ors v Smith & Ors [2010] EWHC 24 (Ch) (08 January 2010)
High Court (Administrative Division)
High Court (Family Division)
Imerman v Imerman [2009] EWHC 3486 (Fam) (11 December 2009)
High Court (Commercial Court)
Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWHC 11 (Comm) (15 January 2010)
Source: www.bailii.org
Syed v Director of Public Prosecutions
“The test which should be used by a police constable to establish whether or not he was entitled under s 17(1)(e) of the Police and Criminal Evidence Act 1984 to use force to enter and search premises, without a warrant, for the purpose of ‘saving life or limb or preventing serious damage to property’ was whether some serious or dangerous incident had occurred, or was likely to occur, within the premises, and not the officer’s ‘concern for the welfare’ of someone in the premises.”
WLR Daily, 14th January 2010
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.
Gillan and Quinton v United Kingdom
European Court of Human Rights
Police stop and search powers under anti-terrorism legislation in the United Kingdom were too wide and not adequately safeguarded by the law against abuse.
The Times, 15th January 2010
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly & Company Ltd [2009] EWCA Civ 1362 (18 December 2009)
O M (Children) v Local Authority & Ors [2009] EWCA Civ 1405 (21 December 2009)
Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)
Parkinson Engineering Services Plc v Swan & Anor [2009] EWCA Civ 1366 (21 December 2009)
Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)
Court of Appeal (Criminal Division)
Marsh, R v [2009] EWCA Crim 2696 (21 December 2009)
Monaghan & Ors v R. [2009] EWCA Crim 2699 (21 December 2009)
Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)
Norris, R v [2009] EWCA Crim 2697 (21 December 2009)
High Court (Chancery Division)
Ross & Anor v HM Revenue & Customs [2010] EWHC 13 (Ch) (12 January 2010)
High Court (Commercial Court)
Dalwood Marine Co v Nordana Line A/S [2009] EWHC 3394 (Comm) (21 December 2009)
Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2009] EWHC 3314 (Comm) (21 December 2009)
High Court (Family Division)
Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)
High Court (Technology and Construction Court)
European Dynamics SA v HM Treasury [2009] EWHC 3419 (TCC) (23 December 2009)
Source: www.bailii.org
High Court (Administrative Court)
Gray v Secretary of State for Justice & Anor [2010] EWHC 2 (Admin) (11 January 2010)
British Gurkha Welfare Society & Ors v Ministry of Defence [2010] EWHC 3 (Admin) (11 January 2010)
High Court (Technology and Construction Court)
RWE Npower Plc v Alstom Power Ltd [2009] EWHC B40 (TCC) (23 December 2009)
Source: www.bailii.org
Court of Appeal
“Images on the screen constituted sufficient evidence of data copied on to the random access memory of a computer, being used for playing counterfeit games, to establish a breach of copyright offence.”
The Times, 12th January 2010
Source: www.timesonline.co.uk
Cavel USA Inc and Another v Seaton Insurance Co and Another
Court of Appeal
“The concept of ‘fraud’ in an English commercial law context in a case having an international flavour, was not confined to deceit flowing from fraudulent misrepresentation; it had a much wider application and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”
The Times, 12th January 2010
Source: www.timesonline.co.uk
High Court (Chancery Division)
Delaney v Chen & Anor [2010] EWHC 6 (Ch) (08 January 2010)
High Court (Patents Court)
Molnlycke Health Care Ab & Anor v BSN Medical Ltd & Anor [2009] EWHC 3370 (Pat) (17 December 2009)
Source: www.bailii.org
Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another
Court of Appeal
“There was only a power, but not a duty, on a coroner to leave possibly, but not probably causative matters to the jury.”
The Times, 11th January 2010
Source: www.timesonline.co.uk
Employment Appeal Tribunal
“An employment tribunal had jurisdiction to determine whether a compromise agreement which satisfied section 203(3) of the Employment Rights Act 1996 and which would otherwise prevent the claimant from pursuing an unfair dismissal claim was unenforceable because of misrepresentation.”
The Times, 11th January 2010
Source: www.timesonline.co.uk
Court of Appeal
“On an application by a separated spouse to order a sale of the matrimonial home in advance of any divorce decree, the court should ask itself whether the issue raised by the application could reasonably be left to be resolved within an application for ancillary relief following divorce.”
The Times, 8th January 2010
Source: www.timesonline.co.uk
Regina v Reed and Reed; Regina v Garmson
Court of Appeal (Criminal Division)
“Evidence from a forensic science officer with scenes of crime experience was admissible to give possible explanations for the presence of DNA where it had been found and to evaluate those possibilities.”
The Times, 8th January 2010
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
Crown Prosecution Service v C & Ors [2009] EWCA Crim 2614 (11 December 2009)
Loftus & Anor, R. v [2009] EWCA Crim 2688 (09 December 2009)
Despaigne-Pellon, R. v [2009] EWCA Crim 2580 (20 November 2009)
High Court (Chancery Division)
Murray Vernon Holdings Ltd v Hassall & Ors [2010] EWHC 7 (Ch) (07 January 2010)
Shaw & Anor v MFP Foundations & Piling Ltd [2010] EWHC 9 (Ch) (06 January 2010)
High Court (Queen’s Bench Division)
British Telecommunications Plc v Royal Mail Group Ltd [2010] EWHC 8 (QB) (07 January 2010)
Source: www.bailii.org
Regina v Maina; Regina v Saddique; Regina v Kika
Court of Appeal (Criminal Division)
“The use of a knife to commit murder was a factor that aggravated the seriousness of that offence for the purpose of sentencing.”
The Times, 6th January 2010
Source: www.timesonline.co.uk
Iqbal v Prison Officers Association
Court of Appeal
“A prisoner whose daily routine of leaving his cell for the purpose of working, exercise and health care was disrupted by unlawful strike action by prison officers, resulting in the prisoner being confined to his cell, did not have a claim for false imprisonment against the officers.”
The Times, 6th January 2010
Source: www.timesonline.co.uk
Duncombe and Others v Secretary of State for Children, Schools and Families
Court of Appeal
“Staff regulations restricting to nine years the period of employing teachers seconded by the Department of Children, Schools and Families to work in the European Schools, which provided education to the children of bureaucrats of the European Union, were unlawful.”
The Times, 7th January 2010
Source: www.timesonline.co.uk
High Court (Chancery Division)
Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC B42 (Ch) (16 December 2009)
High Court (Administrative Division)
Oakes v Secretary of State for Justice & Ors [2009] EWHC B27 (Admin) (17 December 2009)
Source: www.bailii.org
Pedro v Secretary of State for Work and Pensions
Court of Appeal
“In order to maintain the freedom of movement or EC workers, the Department of Work and Pensions was obliged to treat a dependent family member of an EU national, who retained his UK worker status, as living in Great Britain for the dependant’s eligibility for a United Kingdom pension credit.”
The Times, 5th January 2010
Source: www.timesonline.co.uk
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