BTA Bank JSC v Ablyazov and Others – Times Law Reports

Posted November 12th, 2009 in law reports by sally

BTA Bank JSC v Ablyazov and Others

Court of Appeal

“Section 13 of the Fraud Act 2006 removed the privilege against self-incrimination in respect of an offence under section 328 of the Proceeds of Crime Act 2002 which covered entering or becoming concerned in an arrangement which facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person.”

The Times, 12th November 2009

Source: www.timesonline.co.uk

Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another – Times Law Report

Posted November 12th, 2009 in law reports by sally

Scopelight Ltd and Others v Chief Constable of Northumbria Police and Another

Court of Appeal

“The police could retain property they seized after the Crown Prosecution Service decided not to prosecute but a private prosecution was being contemplated or taking place.”

The Times, 11th November 2009

Source: www.timesonline.co.uk

Grainger plc v Nicholson – Times Law Reports

Posted November 12th, 2009 in law reports by sally

Grainger plc v Nicholson

Employment Appeal Tribunal

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and the claimant had a moral duty to lead a life in a manner that mitigated that catastrophe for the benefit of future generations and to persuade others to do the same, if genuinely held, was capable of attracting legal protection under equal treatment legislation.”

Times Law Reports, 11th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 11th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Evans, R v [2009] EWCA Crim 2243 (04 November 2009)

Court of Appeal (Civil Division)

MM (Iran) v Secretary of State for Home Department [2009] EWCA Civ 1167 (10 November 2009)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 510 (11 November 2009)

Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189 (11 November 2009)

High Court (Chancery Division)

Hudson Bay Apparel Brands LLC v Umbro International Ltd [2009] EWHC B28 (Ch) (04 November 2009)

Merrygold (Liquidator) v Bates & Anor [2009] EWHC 2837 (Ch) (11 November 2009)

High Court (Family Division)

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

High Court (Administrative Court)

G v London Borough of Haringey [2009] EWHC 2699 (Admin) (30 October 2009)

Gradica v Public Prosecutor’s Office Attached To the Court of Turin [2009] EWHC 2846 (Admin) (11 November 2009)

Niblett v Secretary of State for Justice & Anor [2009] EWHC 2851 (Admin) (11 November 2009)

Melton v Uttlesford District Council [2009] EWHC 2845 (Admin) (11 November 2009)

High Court (Commercial Court)

Equitas Ltd v R&Q Reinsurance Company (UK) Ltd [2009] EWHC 2787 (Comm) (11 November 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 11th, 2009 in law reports by sally

High Court (Family Division)

RB (A Child), Re [2009] EWHC B26 (Fam) (10 November 2009)

High Court (Administrative Court)

Atanasova v The Governor of HMP Holloway & Anor [2009] EWHC 2740 (Admin) (04 November 2009)

High Court (Commercial Court)

Rainy Sky SA & Ors v Kookmin Bank [2009] EWHC 2624 (Comm) (29 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 10th, 2009 in law reports by sally

High Court (Administrative Division)

Islam v Paphos District Court of Cyprus [2009] EWHC 2786 (Admin) (06 November 2009)

Bristol-Myers Squibb Pharmaceuticals Ltd, R (on the application of) v National Institute for Health and Clinical Excellence [2009] EWHC 2722 (Admin) (06 November 2009)

Medical Protection Society Ltd, R (on the application of) v HM Revenue & Customs [2009] EWHC 2780 (Admin) (06 November 2009)

High Court (Chancery Division)

Internet Investment Corporation Ltd, Re Insolvency Act 1986 [2009] EWHC 2744 (Ch) (06 November 2009)

High Court (Family Division)

K v K [2009] EWHC 2721 (Fam) (30 October 2009)

High Court (Queen’s Bench Division)

Martin v Channel Four Television Corporation & Ors [2009] EWHC 2788 (QB) (06 November 2009)

Ecclestone v Telegraph Media Group Ltd [2009] EWHC 2779 (QB) (06 November 2009)

Source: www.bailii.org

 

 

Regina (Bristol-Myers Squibb Pharmaceuticals Ltd) v National Institute for Health and Clinical Excellence – WLR Daily

Posted November 10th, 2009 in EC law, law reports, medicines by sally

Regina (Bristol-Myers Squibb Pharmaceuticals Ltd) v National Institute for Health and Clinical Excellence [2009] EWHC 2722 (Admin); [2009] WLR (D) 318

“Art 6 of Council Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L40) (‘the Transparency Directive’) was engaged where the National Institute for Health and Clinical Excellence (‘NICE’) published guidance making a recommendation in respect of a health care intervention for treatment of patients after making a single technology appraisal pursuant to para 2(1)(a) of the Directions and Consolidating Directions to the National Institute for Health and Clinical Excellence 2005, issued by the Secretary of State pursuant to s 7 of the National Health Service Act 2006. Where the negative criteria for a single technology appraisal leading to the publication of guidance were the antithesis of the positive criteria it was incumbent upon the United Kingdom to communicate those criteria to the Commission of the European Communities pursuant to art 6 of the Transparency Directive. NICE was under a duty to act fairly in carrying out single technology appraisals.”

WLR Daily, 9th 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.

Gidden v Director of Public Prosecutions – Times Law Reports

Posted November 10th, 2009 in law reports by sally

Gidden v Director of Public Prosecutions

Queen’s Bench Division

“In times of postal disruption, prosecuting authorities should not rely on ordinary first-class post for serving notices of intended prosecution.”

The Times, 10th November 2009

Source: www.timesonline.co.uk

Attorney-General’s Reference No 68 of 2009 – Times Law Reports

Posted November 10th, 2009 in law reports by sally

Attorney-General’s Reference No 68 of 2009

Court of Appeal

“Deterrent sentences had to be passed on defendant police officers who accessed for their own purposes records on police computers which were kept for police purposes.”

The Times, 10th November 2009

Source: www.timesonline.co.uk

 

Regina (Prudential plc and Another) v Special Commissioner of Income Tax – Times Law Reports

Posted November 10th, 2009 in law reports by sally

Regina (Prudential plc and Another) v Special Commissioner of Income Tax

Queen’s Bench Division

“Rather than apply legal advice privilege to a wider range of professionals than lawyers, its application to advice given by lawyers should be restricted, on a review of the policy and the public-interest considerations that underlay legal professional privilege.”

The Times, 10th November 2009

Source: www.timesonline,co.uk

BAILII: Recent Decisions

Posted November 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Brown, R v [2009] EWCA Crim 2133 (09 October 2009)

Williams, R v [2009] EWCA Crim 2111 (27 October 2009)

Ghulam, R. v [2009] EWCA Crim 2285 (21 October 2009)

Davarifar v R [2009] EWCA Crim 2294 (09 November 2009)

Pigott v R [2009] EWCA Crim 2292 (09 November 2009)

Gilham v R [2009] EWCA Crim 2293 (09 November 2009)

Hodson, R. v [2009] EWCA Crim 2233 (05 October 2009)

Tierney & Anor, R. v [2009] EWCA Crim 2220 (15 October 2009)

Court of Appeal (Civil Division)

Davies & Ors v Jones & Anor [2009] EWCA Civ 1164 (09 November 2009)

High Court (Queen’s Bench Division)

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009)

JBW Group Ltd v Westminster City Council [2009] EWHC 2697 (QB) (03 November 2009)

High Court (Chancery Division)

Skype Technologies SA v Joltid Ltd v Kasesalu & Ors [2009] EWHC 2783 (Ch) (06 November 2009)

High Court (Family Division)

RS v KS [2009] EWHC 1494 (Fam) (26 June 2009)

Source: www.bailii.org

Michel v The Queen – Times Law Reports

Posted November 9th, 2009 in law reports by sally

Michel v The Queen

Privy Council

“A defendant’s right to a fair trial was absolute and he was entitled to explain his story, however improbable, without being subjected to the judge’s sarcasm and hostility in the course of doing so.”

The Times, 9th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

SA (Kuwait) v Secretary of State for the Home Department [2009] EWCA Civ 1157 (05 November 2009)

Scopelight Ltd & Ors v Chief of Police for Northumbria, Federation Against Copyright Theft Ltd [2009] EWCA Civ 1156 (05 November 2009)

High Court (Administrative Court)

Health & Safety Executive v Wolverhampton City Council & Anor [2009] EWHC 2688 (Admin) (05 November 2009)

High Court (Commercial Court)

HHR Pascal BV v W2005 Puppet II BV [2009] EWHC 2771 (Comm) (05 November 2009)

Source: www.bailii.org

 

R (Chester) v Secretary of State for Justice and another – WLR Daily

R (Chester) v Secretary of State for Justice and another [2009] WLR (D) 316

“Where a United Kingdom court had made a declaration of incompatability [sic] pursuant to s 3(1) of the Human Rights Act 1998 in respect of legislation and where the Government was in the process of putting forward legislation to Parliament and no further vindication of the claimants rights was necessary, the court would not exercise its discretion so as to make a further declaration of incompatability in respect of the same or similar legislation.”

WLR Daily, 4th 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.

Grainger plc v Nicholson – WLR Daily

Posted November 6th, 2009 in belief discrimination, climate change, law reports, unfair dismissal by sally

Grainger plc v Nicholson UKEAT/219/09; [2009] WLR (D) 315

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and therefore people were under a moral duty to lead their lives in a manner which mitigated or avoided that catastrophe for the benefit of future generations, and to persuade others to do the same, if genuinely held was capable of amounting to a ‘philosophical belief’ for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.”

WLR Daily, 4th 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.

 

EBR Attridge Law LLP and another v Coleman – WLR daily

Posted November 6th, 2009 in law reports by sally

EBR Attridge Law LLP and another v Coleman UKEAT/71/09; [2009] WLR (D) 314

“The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harrassed on the ground of their association with a person who was disabled.”

WLR Daily, 4th 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.

 

Attorney-General’s Reference (No 16 of 2009) – Times Law Reports

Posted November 6th, 2009 in law reports by sally

Attorney-General’s Reference (No 16 of 2009);  Regina v Yates

Court of Appeal

“An offender who chose to be loyal to a gang member who had committed murder and assisted in impeding his apprehension had to expect a substantial prison sentence.”

The Times, 6th November 2009

Source: www.timesonline.co.uk

 

Regina (Webster) v Swindon Local Safeguarding Children Board – Times Law Reports

Posted November 6th, 2009 in law reports by sally

Regina (Webster) v Swindon Local Safeguarding Children Board

Queen’s Bench Division

“It was not necessary for a local safeguarding children board to wait for the outcome of civil proceedings before conducting a substantive and comprehensive serious case review.”

The Times, 9th November 2009

Source: www.timesonline.co.uk

4 Eng Ltd v Harper and Others (No 2) – Times Law Reports

Posted November 6th, 2009 in law reports by sally

4 Eng Ltd v Harper and Others (No 2)

Chancery Division

“Where a person had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the relief granted by the court under sections 423 and 425 of the Insolvency Act 1986 should reflect the general principles inherent in other areas of the law and treat the mental state and degree of involvement of a defendant in wrongdoing as relevant to the extent of recovery available against him.”

The Times, 6th November 2009

Source: www.timesonline.co.uk

BAILII:Recent Decisions

Posted November 5th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Southern Pacific Mortgage Ltd v Heath [2009] EWCA Civ 1135 (05 November 2009)

High Court (Chancery Division)

Wasabi Frog Ltd v Miss Boo Ltd & Anor [2009] EWHC 2767 (Ch) (04 November 2009)

High Court (Queen’s Bench Division)

Force India Formula One Team Ltd v Etihad Airways PJSC & Anor [2009] EWHC 2768 (QB) (04 November 2009)

Source: www.bailii.org