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

ENE Kos 1 Ltd v Petroleo Brasilieiro SA – WLR Daily

Posted November 5th, 2009 in costs, law reports, payment into court by sally

ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313

“The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office.”

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.

 

Michel v The Queen – WLR Daily

Posted November 5th, 2009 in bias, Jersey, judiciary, law reports by sally

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

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.

ENE Kos 1 Ltd v Petroleo Brasilieiro SA – Times Law Reports

Posted November 5th, 2009 in law reports by sally

ENE Kos 1 Ltd v Petroleo Brasilieiro SA

Court of Appeal

“The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office.”

The Times, 5th November 2009

Source: www.timesonline.co.uk

EBR Attridge Law LLP (formerly Attridge Law) (a Firm) and Another v Coleman – Times Law Reports

Posted November 5th, 2009 in law reports by sally

EBR Attridge Law LLP (formerly Attridge Law) (a Firm) and Another v Coleman

Employment Appeal tribunal

“The carer of a disabled son who was not herself disabled was entitled to bring a claim of disability discrimination against her employers on the ground of her son’s disability.”

The Times, 5th November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 4th, 2009 in law reports by sally

High Court (Patents Court)

Grimme Landmaschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2009] EWHC 2691 (Pat) (03 November 2009)

High Court (Queen’s Bench Division)

ABC & Ors v CDE & Ors [2009] EWHC 2718 (QB) (03 November 2009)

Winslet v Associated Newspapers Ltd [2009] EWHC 2735 (QB) (03 November 2009)

Debt Collection London Ltd & Anor v SK Slavia Praha- Fotbal AS [2009] EWHC 2726 (QB) (03 November 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted November 3rd, 2009 in law reports by sally

High Court (Chancery Division)

A1 Lofts Ltd v Revenue and Customs [2009] EWHC 2694 (Ch) (30 October 2009)

Sectorguard Plc v Dienne Plc [2009] EWHC 2693 (Ch) (03 November 2009)

High Court (Queen’s Bench Division)

Accentuate Ltd v Asigra Inc (A Company Incorporated In Canada) [2009] EWHC 2655 (QB) (30 October 2009)

Source: www.bailii.org

 

Regina (Chester) v Secretary of State for Justice and Another – Times Law Reports

Posted November 3rd, 2009 in law reports by sally

Regina (Chester) v Secretary of State for Justice and Another

Queen’s Bench Division

“An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in the process of laying proposals before Parliament in response to a ruling of the European Court of Justice.”

The Times, 3rd November 2009

Source: www.timesonline.co.uk