Category: law reports

Regina v Horncastle and anotherl; Regina v Marquis and another – WLR Daily

Posted December 10th, 2009 in hearsay evidence, human rights, law reports, victims by sally

Regina v Horncastle and anotherl; ReginaMarquis and another [2009] UKSC 14; [2009] WLR (D) 358

“Provided the provisions of the Criminal Justice Act 2003 were observed, a defendant’s right to a fair trial, guaranteed art 6(3)(d) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be infringed where his conviction was based solely or to a decisive extent on the written statement of an absent witness.”

WLR Daily, 10th 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 v IB – WLR Daily

Posted December 10th, 2009 in competition, Crown Court, EC law, jurisdiction, law reports, price fixing by sally

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th 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.

BAILII: Recent Decisions

Posted December 10th, 2009 in law reports by sally

Supreme Court

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13 (09 December 2009)

Horncastle & Ors, R. v [2009] UKSC 14 (09 December 2009)

A, R (on the application of)v B [2009] UKSC 12 (09 December 2009)

Court of Appeal (Civil Division)

Glaister & Ors v Appelby-In-Westmorland Town Council [2009] EWCA Civ 1325 (09 December 2009)

Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)

Dhami & Anor v Lloyds TSB General Insurance Ltd [2009] EWCA Civ 1326 (09 December 2009)

Court of Appeal (Criminal Division)

IB v R [2009] EWCA Crim 2575 (09 December 2009)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2009] EWHC 3207 (Comm) (09 December 2009)

High Court (Queen’s Bench Division)

Lord Chancellor v Purnell & Anor [2009] EWHC 3158 (QB) (07 December 2009)

Hughes v Risbridger & Anor [2009] EWHC 3244 (QB) (09 December 2009)

High Court (Technology and Construction Court)

Anglo Swiss Holdings Ltd & Anor v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)

Source: www.bailii.org

Regina v Horncastle and Another; Regina v Marquis and Another – Times Law Reports

Posted December 10th, 2009 in law reports by sally

Regina v Horncastle and Another; Regina v Marquis and Another

Supreme Court

“A defendant’s right to a fair trial guaranteed by article 6 of the European Convention on Human Rights would not be violated where his conviction was based solely or to a decisive extent on the statement of an absent witness, provided that the provisions of the Criminal Justice Act 2003 were observed.”

The Times, 10th December 2009

Source: www.timesonline.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted December 9th, 2009 in intelligence services, investigatory powers, jurisdiction, law reports, tribunals by sally

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th 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.

BAILII – Recent Decisions

Posted December 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298 (08 December 2009)

Clarence House Ltd v National Westminster Bank Plc [2009] EWCA Civ 1311 (08 December 2009)

High Court (Administrative Court)

Quila & Anor v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009)

Meredith & Ors v Traffic Commissioner for the Western Traffic Area [2009] EWHC 2975 (Admin) (08 December 2009)

Unison, R (on the application of) v Monitor & Ors [2009] EWHC 3221 (Admin) (09 December 2009)

High Court (Chancery Division)

CPC Group Ltd v Qatari Diar Real Estate Investment Company [2009] EWHC 3204 (Ch) (07 December 2009)

Arjo Wiggins Ltd v Ralph [2009] EWHC 3198 (Ch) (07 December 2009)

Clydesdale Financial Services Ltd & Ors v Smailes & Ors [2009] EWHC 3190 (Ch) (08 December 2009)

High Court (Family Division)

Local Authority v M & M & Ors [2009] EWHC 3172 (Fam) (07 December 2009)

O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

High Court (Technology and Construction Court)

Buildability Ltd v O’Donnell Developments Ltd [2009] EWHC 3196 (TCC) (08 December 2009)

Source: www.bailii.org

O’Byrne v Aventis Pasteur SA – Times Law Reports

Posted December 9th, 2009 in law reports by sally

O’Byrne v Aventis Pasteur SA

Court of Justice of the European Union

“While English law allowed for the substitution of one defendant for another outside the limitation period as long as the action was brought within that period, European Union law did not allow the producer of allegedly defective goods to be substituted outside that period, although the action was brought within time.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Patel and Another v Keles and Another – Times Law Reports

Posted December 8th, 2009 in landlord & tenant, law reports by sally

Patel and Another v Keles and Another

Court of Appeal

“Where a landlord opposed an application for renewal of a business tenancy but it was shown that were he to regain the lease he was highly likely to sell, he did not have the requisite intention to occupy the premises for the purpose of carrying on his business.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted December 8th, 2009 in law reports, planning, sites of special scientific interest by sally

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

BAILII: Recent Decisions

Posted December 7th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AR & FW, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1310 (04 December 2009)

Prison Officers Association v Iqbal (Rev 1) [2009] EWCA Civ 1312 (04 December 2009)

High Court (Administrative Court)

Newport City Council, R (on the application of) v The Welsh Ministers [2009] EWHC 3149 (Admin) (04 December 2009)

High Court (Commercial Court)

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2009] EWHC 3142 (Comm) (04 December 2009)

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 – WLR Daily

Posted December 7th, 2009 in damages, false imprisonment, industrial action, law reports, prison officers by sally

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 – WLR Daily

Posted December 7th, 2009 in assignment, compensation, law reports, patents by sally

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 – WLR Daily

Posted December 7th, 2009 in employment tribunals, harassment, law reports, vicarious liability by sally

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 – Times Law Reports

Posted December 7th, 2009 in law reports by sally

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 – Times Law Reports

Posted December 7th, 2009 in law reports by sally

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

BAILII: Recent Decisions

Posted December 4th, 2009 in law reports by sally

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 – WLR Daily

Posted December 4th, 2009 in consumer protection, defective goods, EC law, law reports, limitations by sally

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

Posted December 4th, 2009 in conflict of laws, contact orders, domicile, EC law, law reports by sally

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

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

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

Posted December 4th, 2009 in law reports by sally

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