BAILII: Recent Decisions
High Court (Technology and Construction Court)
YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009)
Source: www.bailii.org
Category: law reports
Aventis Pasteur SA v OB – WLR Daily
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) – WLR Daily
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 – WLR Daily
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) – Times Law Reports
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
Regina v Clements – Times Law Reports
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
BAILII: Recent Decisions
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 – Times Law Reports
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
Bee and Another v Thompson – Times Law Reports
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
BAILII: Recent Decisions
BAILII – Recent Decisions
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
R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“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 – WLR Daily
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.
Secretary of State for the Environment, Food and Rural Affairs v Meier and others – WLR Daily
“Where travellers were trespassing in part of a wood owned by the claimant and threatened to go to some other wood owned by him if they were moved, an injunction to restrain such further trespass might be granted, but an order for possession in respect of other distinct woods not currently occupied by them could not be justified.”
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.
Regina (Barclay and Others) v The Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports
Regina (Barclay and Others) v Chancellor and Secretary of State for Justice and Others
Supreme Court
“The presence of two unelected, non-voting members in the legislature of the Channel Island of Sark which had 28 voting members democratically elected by an electorate of under 500 was not incompatible with article 3 of the First Protocol to the European Convention on Human Rights, and, having regard to the constitutional history and political factors relating to Sark, was well within the margin of appreciation afforded by article 3.”
The Times, 2nd December 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Morris, R (on the application of) v Newport City Council [2009] EWHC 3051 (Admin) (27 November 2009)
High Court (Family Division)
GJ v The Foundation Trust & Anor [2009] EWHC 2972 (Fam) (20 November 2009)
N (A Child), Re [2009] EWHC 3055 (Fam) (25 November 2009)
Source: www.bailii.org
Martin v Secretary of State for Work and Pensions – WLR Daily
Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346
“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”
WLR Daily, 27th November 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289 (27 November 2009)
Z & Ors v Secretary of State for the Home Dept [2009] EWCA Civ 1287 (27 November 2009)
Parker v Tui UK Ltd [2009] EWCA Civ 1261 (27 November 2009)
Court of Appeal (Criminal Division)
Campbell v R [2009] EWCA Crim 2459 (27 November 2009)
High Court (Administrative Court)
Sandi v Craiova Court, Romania [2009] EWHC 3079 (Admin) (27 November 2009)
High Court (Chancery Division)
Oxfam v Revenue and Customs [2009] EWHC 3078 (Ch) (27 November 2009)
Equilift Ltd, Re [2009] EWHC 3104 (Ch) (27 November 2009)
High Court (Commercial Court)
Novologistics Sarl v Five Ocean Corporation the “Merida” [2009] EWHC 3046 (Comm) (27 November 2009)
High Court (Patents Court)
Sun Microsystems Inc v M-Tech Data Ltd & Anor [2009] EWHC 2992 (Pat) (25 November 2009)
High Court (Technology and Construction Court)
Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 3070 (TCC) (26 November 2009)
Source: www.bailii.org
Bee and another v Thompson – WLR Daily
Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345
“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”
WLR Daily, 30th November 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.
BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily
“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”
WLR Daily, 26th November 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.
