“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”
WLR Daily, 19th October 2009
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“There could be no question of the retention of records of old minor convictions being held in the national police computer to be either excessive or being held for longer than necessary. It was for the data controller to determine the purposes for which data were processed and it was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service.”
The Times, 22nd October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Forcelux Ltd v Binnie [2009] EWCA Civ 1077 (21 October 2009)
Forcelux Ltd v Binnie [2009] EWCA Civ 854 (21 October 2009)
Muscat v Health Professions Council [2009] EWCA Civ 1090 (21 October 2009)
High Court (Chancery Division)
Perrins v Holland & Ors [2009] EWHC 2558 (Ch) (21 October 2009)
Lomas & Ors v RAB Market Cycles (Master) Fund Ltd & Ors [2009] EWHC 2545 (Ch) (21 October 2009)
High Court (Administrative Court)
Secretary of State for the Home Department v AS [2009] EWHC 2564 (Admin) (21 October 2009)
Hussein v Secretary of State for the Home Department [2009] EWHC 2492 (Admin) (21 October 2009)
High Court (Commercial Court)
Source: www.bailii.org
“Once an impermissible donation had been made to a registered political party and the party had not returned it a magistrates’ court should on an application by the Electoral Commission normally exercise its discretion under section 58(2) of the Political Parties, Elections and Referendums Act 2000 to order forfeiture of an amount equal to the value of the donation.”
WLR Daily, 19th October 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 (GG) v Secretary of State for the Home Department
Court of Appeal
“There was no general requirement in a control order to submit to searches of the person.”
The Times, 21st October 2009
Source: www.timesonline.co.uk
Matalan Retail Ltd v Commissioners of Revenue and Customs
Chancery Division
“Where, for duty purposes, a classification was allocated to imported swimwear but that was then revised and corrected, the VAT and Duties Tribunal and Revenue and Customs Commissioners were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original lower classification.”
The Times, 21st October 2009
Source: www.timesonline.co.uk
Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions
Court of Appeal
“Where the cause of an overpayment of social security benefits was neither misrepresentation nor non-disclosure, the Secretary of State for Work and Pensions was not entitled to resort to common law to recover the money paid.”
The Times, 21st October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Birmingham City Council v Qasim & Ors [2009] EWCA Civ 1080 (20 October 2009)
Wilson v Health and Safety Executive [2009] EWCA Civ 1074 (20 October 2009)
Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2009] EWCA Civ 1022 (20 October 2009)
Boggis & Anor v Natural England [2009] EWCA Civ 1061 (20 October 2009)
AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 (20 October 2009)
High Court (Chancery Division)
Red 12 Trading Ltd v Revenue & Customs [2009] EWHC 2563 (Ch) (20 October 2009)
Jirehouse Capital & Ors v Beller & Anor [2009] EWHC 2538 (Ch) (20 October 2009)
High Court (Queen’s Bench)
Guerrero & Ors v Monterrico Metals Plc & Anor (Rev 1) [2009] EWHC 2475 (QB) (16 October 2009)
High Court (Administrative Court)
Casson & Anor v The Law Society [2009] EWHC 1943 (Admin) (20 October 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
Court of Appeal (Criminal Division)
King, R. v [2009] EWCA Crim 1990 (09 September 2009)
Boothe, R. v [2009] EWCA Crim 1938 (10 September 2009)
Blythe, R. v [2009] EWCA Crim 1982 (17 September 2009)
Source: www.bailii.org
Queen’s Bench Division
“Although there was no duty on parties to preserve documents before proceedings commenced, after that the situation was radically different.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Regina (QY) (China) v Secretary of State for the Home Department
Court of Appeal
“Even if the assumption was made that removing a foreign national who had forfeited the right to remain could amount to an interference with private life within the meaning of article 8.1 of the European Convention on Human Rights, her removal was nevertheless lawful.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Regina v Rollins; Regina v McInerney
Court of Appeal (Criminal Division)
“The power of the Financial Services Authority to prosecute offences went beyond those referred to in sections 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute offences contrary to sections 327 and 328 of the Proceeds of Crime Act 2002.”
The Times, 20th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
Dee v Telegraph Media Group Ltd [2009] EWHC 2546 (QB) (19 October 2009)
High Court (Chancery Division)
International Private Equity Ltd v ABN Amro Bank NV [2009] EWHC 2523 (Ch) (15 October 2009)
Iesini & Ors v Westrip Holdings Ltd & Ors [2009] EWHC 2526 (Ch) (16 October 2009)
Source: www.bailii.org
Supreme Court
E, R (on the application of) v Governing Body of JFS & Anor (Rev 3) [2009] UKSC 1 (14 October 2009)
High Court (Administrative Court)
High Court (Family Division)
ITW v Z & Ors [2009] EWHC 2525 (Fam) (12 October 2009)
Source: www.bailii.org
http://www.lawreports.co.uk/WLRD/2009/HLPC/R(E)_v_GoverningJFS(SC).html
“As a general principle, if the Legal Services Commission funded a litigant who was successful in his cause, that decision should ordinarily amount to close to an assurance that the Commission would continue to support him in any subsequent appeal by the unsuccessful party.”
WLR Daily, 16th October 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 (E) v Governing Body of JFS and Others (No 2)
Supreme Court
“When the Legal Services Commission decided to fund a litigant who was successful in his cause, that decision should ordinarily be seen to carry with it something close to an assurance that the commission would continue to support him in any subsequent appeal by the unsuccessful party while he remained financially eligible.”
The Times, 19th October 2009
Source: www.timesonline.co.uk
High Court (Administrative Court)
High Court (Technology and Construction Court)
K/S Lincoln & Ors v CB Richard Ellis Hotels Ltd [2009] EWHC 2344 (TCC) (02 October 2009)
Source: www.bailii.org
Autoclenz Ltd v Belcher and Others
Court of Appeal
“A judge was entitled to infer from the evidence that an employment contract did not genuinely reflect the reality.”
The Times, 16th October 2009
Source: www.timesonline.co.uk
Royal Mail Group Ltd v Communications Workers Union
Court of Appeal
“An employer had to simply inform employees’ representatives of its considered view on the legal implications for the employees prior to a transfer of part of its business to another. The employer did not have to warrant the legal accuracy of its opinion.”
The Times, 16th October 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045 (14 October 2009)
ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060 (15 October 2009)
Eweida v British Airways Plc [2009] EWCA Civ 1025 (15 October 2009)
High Court (Administrative Court)
Source: www.bailii.org
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