Regina (Boggis and Another) v Natural England
Court of Appeal
“The notification of a site of special scientific interest by English Nature was not a plan or project requiring an assessment of its conservation implications on any special protection area which it might affect.”
The Times, 8th December 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312 (04 December 2009)
High Court (Administrative Court)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
May (A Child) v Lancashire Teaching Hospitals NHS Trust [2009] EWHC 3175 (QB) (04 December 2009)
Source: www.bailii.org
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355
“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”
WLR Daily, 4th December 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.
Shanks v Unilever plc and others [2009] EWHC 3164 (Ch); [2009] WLR (D) 354
“The words ‘that person’ in s 41(2) of the Patents Act 1977 referred to a notional non-connected counterparty operating in the appropriate market at the appropriate time.”
WLR Daily, 4th December 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.
Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353
“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”
WLR Daily, 4th December 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.
Regina (Adams) v Secretary of State for Justice
Court of Appeal
“A convicted person seeking compensation after the reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there was a miscarriage of justice had to show that the facts were unknown to him during the trial or appeal.”
The Times, 7th December 2009
Source: www.timesonline.co.uk
OQ (India) and Another v Secretary of State for the Home Department
Court of Appeal
“Where a person sought a right of entry and residence as a dependant of a European Union citizen, it was not a requirement to ask whether the claimed dependency arose from a need for the support of such a citizen.”
The Times, 7th December 2009
Source: www.timesonline.co.uk
High Court (Technology and Construction Court)
YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009)
Source: www.bailii.org
Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352
“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”
WLR Daily, 3rd December 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.
In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351
“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”
WLR Daily, 3rd December 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 (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350
“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”
WLR Daily, 3rd December 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.
In re I (a Child) (Jurisdiction)
Supreme Court
“The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child’s future could apply when the child lived outside the European Union.”
The Times, 4th December 2009
Source: www.timesonline.co.uk
Court of Appeal
“In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.”
The Times, 4th December 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Ralphs, R v [2009] EWCA Crim 2555 (03 December 2009)
Bevens, R v [2009] EWCA Crim 2554 (03 December 2009)
Hussain v R. [2009] EWCA Crim 2556 (03 December 2009)
Gian & Anor v Crown Prosecution Service [2009] EWCA Crim 2553 (03 December 2009)
High Court (Chancery Division)
Shanks v Unilever Plc & Ors [2009] EWHC 3164 (Ch) (03 December 2009)
High Court (Commercial Court)
AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm) (03 December 2009)
High Court (Family Division)
De L v H [2009] EWHC 3074 (Fam) (03 December 2009)
Source: www.bailii.org
Secretary of State for the Environment, Food and Rural Affairs v Meier and Others
Supreme Court
“Where travellers were in trespassing occupation of part of a wood owned by the Secretary of State for the Environment, Food and Rural Affairs and threatened, if moved, to go to some other wood owned by him, he was entitled to an injunction to restrain such trespass, but not to an order for possession in respect of those other woods.”
The Times, 3rd December 2009
Source: www.timesonline.co.uk
Court of Appeal
“A right of way for agricultural purposes reserved only under a testamentary disposition of two properties by the testatrix, who had owned those two properties, did not impliedly reserve a right to increase the use for residential purposes without the agreement of all parties.”
The Times, 3rd December 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Divison)
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 (01 December 2009)
Clifford v The Chief Constable of Hertfordshire Constabulary [2009] EWCA Civ 1259 (01 December 2009)
Smith v Smith [2009] EWCA Civ 1297 (02 December 2009)
Court of Appeal (Criminal Division)
Sangster & Ors, R v [2009] EWCA Crim 2486 (02 December 2009)
High Court (Administrative Court)
High Court (Chancery Division)
BKM Ltd v British Broadcasting Corporation [2009] EWHC 3151 (Ch) (02 December 2009)
High Court (Commercial Court)
Deutsche Bank Ag v Sebastian Holdings Inc [2009] EWHC 3069 (Comm) (01 December 2009)
High Court (Queen’s Bench Division)
Hodgson & Anor v Lipson [2009] EWHC 3111 (QB) (01 December 2009)
G & G v Wikimedia Foundation Inc [2009] EWHC 3148 (QB) (02 December 2009)
Williams v MGM Ltd [2009] EWHC 3150 (QB) (02 December 2009)
Source: www.bailii.org
“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”
WLR Daily, 1st December 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.
Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348
“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”
WLR Daily, 1st December 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.
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