BAILII: Recent Decisions

Posted October 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AM (Kenya), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1009 (13 October 2009)

Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 (13 October 2009)

Littlewood v Radford & Anor (Formerly T/a Boston Carrington Pritchard) [2009] EWCA Civ 1024 (13 October 2009)

High Court (Family Division)

ASB & Anor v MQS [2009] EWHC 2491 (Fam) (13 October 2009)

High Court (Commercial Court)

Soufflet Negoce v Bunge SA [2009] EWHC 2454 (Comm) (13 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 13th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Rehman, R. v [2009] EWCA Crim 1944 (24 September 2009)

Court of Appeal (Civil Division)

MB, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1031 (16 September 2009)

AK & FH (Kosovo) v Secretary of State for the Home Deparment [2009] EWCA Civ 1032 (09 September 2009)

Johnson Brothers (A Firm) v Secretary of State for Communities & Local Government [2009] EWCA Civ 1004 (03 September 2009)

MA (Turkey) v Secretary of State for the Home Department [2009] EWCA Civ 1018 (03 September 2009)

Secretary of State for Defence v Lance Corporal (Now Corporal) Duncan & Anor [2009] EWCA Civ 1043 (12 October 2009)

High Court (Chancery Division)

Macdonald & Anor v Frost [2009] EWHC 2276 (Ch) (05 October 2009)

High Court (Administrative Court)

Wells, R (on the application of) v Parole Board [2009] EWHC 2458 (Admin) (22 September 2009)

Alcock, R (on the application of) v The Parole Board [2009] EWHC 2401 (Admin) (03 September 2009)

Matthews, R (on the application of) v HMP Swaleside [2009] EWHC 2397 (Admin) (05 October 2009)

High Court (Commercial Court)

Hitachi Capital (UK) Plc v V-12 Finance Ltd & Ors [2009] EWHC 2432 (Comm) (06 October 2009)

Source: www.bailii.org

Regina (Friends of the Earth) v Secretary of State for Business, Enterprise and Regulatory Reform; Regina (Help the Aged) v Secretary of State for Environment, Food and Rural Affairs – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Regina (Friends of the Earth) v Secretary of State for Business, Enterprise and Regulatory Reform; Regina (Help the Aged) v Secretary of State for Environment, Food and Rural Affairs

Court of Appeal

“It was not unlawful for government ministers to consider reasonable practicability, at least to some extent by reference to departmental budgets, when taking steps to implement specific targets, including eliminating fuel poverty.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Cherney v Deripaska – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Cherney v Deripaska

Court of Appeal

“An English court could exercise its discretion to take jurisdiction of a claim based on rights said to arise out of an English contract, even though those rights might be proprietary.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Hoholm v Government of Norway – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Hoholm v Government of Norway

Queen’s Bench Divisional Court

“Where an issue was available to be raised by a claimant on the evidence adduced at an extradition hearing, she was entitled to raise that issue on appeal to the Divisional Court, even though it had not been raised before.”

The Times, 13th October 2009

Source: www.timesonline.co.uk

Swindon Borough Council v Redpath – Times Law Reports

Posted October 13th, 2009 in law reports by sally

Swindon Borough Council v Redpath

Court of Appeal

“When a local authority sought an antisocial behaviour injunction, it was not necessary for the victims of such conduct to be residents of council accommodation or their visitors or those engaged in lawful activity in council premises.”

The Times, 12th October 2009

Source: www.timesonline.co.uk

De-Winter Heald v Brent London Borough Council; Al-Jarah and Others v Same – Times Law Reports

Posted October 13th, 2009 in law reports by sally

De-Winter Heald v Brent London Borough Council; Al-Jarah and Others v Same

Court of Appeal

“Local authorities were entitled to contract out some or all of the reviews they were required to carry out under the Housing Act 1996.”

The Times, 12th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 12th, 2009 in law reports by sally

Court of Appeal (Criminal Court)

Rollins, R. v [2009] EWCA Crim 1941 (09 October 2009)

Court of Appeal (Civil Division)

Astall & Anor v Revenue and Customs [2009] EWCA Civ 1010 (09 October 2009)

Chandler, R (on the application of) v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1011 (09 October 2009)

High Court (Queen’s Bench)

CEP Holdings Ltd v CEP Claddings Ltd [2009] EWHC 2447 (QB) (09 October 2009)

Kahangi & Ors v Nourizadeh [2009] EWHC 2451 (QB) (09 October 2009)

High Court (Chancery Division)

Cowlishaw & Anor v O&D Building Contractors Ltd [2009] EWHC 2445 (Ch) (08 October 2009)

Invertec Ltd v De Mol Holding BV & Anor [2009] EWHC 2471 (Ch) (09 October 2009)

High Court (Administrative Court)

NA, R (on the application of) v London Borough of Croydon [2009] EWHC 2357 (Admin) (18 September 2009)

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009)

High Court (Commercial Court)

Gard Marine & Energy Ltd v Lloyd Tunnicliffe & Ors [2009] EWHC 2388 (Comm) (09 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Guyett & Anor v R [2009] EWCA Crim 1943 (08 October 2009)

Electric Gate Services Ltd, R v [2009] EWCA Crim 1942 (08 October 2009)

High Court (Chancery Division)

Courtman v Ludlam & Anor [2009] EWHC 2067 (Ch) (06 August 2009)

Source: www.bailii.org

Regina v Wilkinson; Regina v Ali and Others; Regina v Olawaiye and Others; Regina v Bennett; Attorney-General’s Reference No 43 of 2009 – Times Law Reports

Posted October 9th, 2009 in law reports by sally

Regina v Wilkinson; Regina v Ali and Others; Regina v Olawaiye and Others; Regina v Bennett; Attorney-General’s Reference No 43 of 2009

Court of Appeal (Criminal Division)

“Deterrent and punitive sentences should be imposed on those involved in the large scale importation and/or manufacture, sale and distribution of guns and, as well as very lengthy determinate sentences, indeterminate sentences should also be considered.”

The Times, 9th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pomfrett, R v [2009] EWCA Crim 1939 (08 October 2009)

Mejia & Anor, R v [2009] EWCA Crim 1940 (08 October 2009)

Court of Appeal (Civil Division)

Al Tamimi v Khodari [2009] EWCA Civ 1042 (08 October 2009)

High Court (Queen’s Bench Division)

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) (08 October 2009)

High Court (Chancery Division)

North Eastern Properties Ltd v Coleman & Anor [2009] EWHC 2174 (Ch) (20 August 2009)

Rawnsley & Anor v Weatherall Green & Smith North Ltd [2009] EWHC 2393 (Ch) (06 October 2009)

Mayes v HM Revenue & Customs [2009] EWHC 2443 (Ch) (08 October 2009)

High Court (Administrative Court)

Boyle, R (on the application of) v Haverhill Pub Watch & Ors [2009] EWHC 2441 (Admin) (08 October 2009)

High Court (Commercial Court)

AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) (08 October 2009)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd (No.2) [2009] EWHC 2444 (TCC) (2 October 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Civil Division)

EI Du Pont Nemours & Co v United Kingdom Intellectual Property Office [2009] EWCA Civ 966 (17 September 2009)

CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

High Court (Queen’s Bench Division)

Sumbulu v Sarker & Ors [2009] EWHC 2424 (QB) (02 October 2009)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2009] EWHC 2011 (QB) (31 July 2009)

High Court (Technology and Construction Court)

Costain Ltd v Charles Haswell & Partners Ltd [2009] EWHC B25 (TCC) (24 September 2009)

Source: www.bailii.org

Vicente Pereda v Madrid Movilidad SA – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Vicente Pereda v Madrid Movilidad SA; Case C-277/08

Court of Justice of the European Communities

“National provisions or collective agreements which provided that a worker who was sick during a period of scheduled annual leave did not have the right, after his recovery, to take his annual leave at another time were unlawful.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening) – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening)

Queen’s Bench Division

“Provisions permitting an employer to require retirement at the age of 65 were justified where he could show that the treatment was a proportionate means of achieving a legitimate aim since the government had a legitimate social policy aim: protecting the integrity and confidence in the United Kingdom labour market.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Practice Direction (Criminal Proceedings: Additional Forms) – WLR Daily

Posted October 8th, 2009 in criminal procedure, law reports, practice directions by sally

Practice Direction (Criminal Proceedings: Additional Forms); [2009] WLR (D) 293

“The forms for use in connection with the following Parts of the Criminal Procedure Rules 2005, as amended, were set out. The amendments were to take effect on 5 October 2009.”

WLR Daily, 7th 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 (Horvath) v Secretary of State for Environment, Food and Rural Affairs, Case C-428/07 – Times Law Reports

Posted October 7th, 2009 in law reports by sally

Regina (Horvath) v Secretary of State for Environment, Food and Rural Affairs
Case C-428/07

Court of Justice of the European Communities

“EC member states were entitled to make direct payments to farmers in the context of the Community Common Agricultural Policy subject to the farmers’ not obstructing public rights of way over their land, if certain conditions were satisfied.”

The Times, 7th October 2009

Source: www.timesonline.co.uk

Stuart Peters Ltd v Bell – Times Law Reports

Posted October 7th, 2009 in law reports by sally

Stuart Peters Ltd v Bell

Court of Appeal

“An employee seeking compensation for constructive unfair dismissal who found alternative paid employment during her notice period had to give credit for those earnings.”

The Times, 7th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 7th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Wilkinson & Ors, R v [2009] EWCA Crim 1925 (06 October 2009)

High Court (Administrative Court)

Saleh, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2395 (Admin) (05 October 2009)

High Court (Commercial Court)

Enka Insaat Ve Sanayi AS v Banca Popolare Dell’alto Adige SPA [2009] EWHC 2410 (Comm) (06 October 2009)

McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

Source: www.bailii.org

R (Al-Sweady and others) v Secretary of State for Defence (No 2) – WLR Daily

Posted October 6th, 2009 in cross-examination, disclosure, judicial review, law reports by sally

R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292

“In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those ‘hard-edged’ questions of fact, it was vital for full disclosure to occur to enable effective and proper cross-examination to take place. That constituted an important exception to the conventional approach in respect of disclosure in judicial review cases and the approach should be similar to that involved in an ordinary Queen’s Bench action.”

WLR Daily, 5th 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.

Amnesty International v Ahmed – Times Law Reports

Posted October 6th, 2009 in law reports by sally

Amnesty International v Ahmed

Employment Appeal Tribunal

“A North Sudanese claimant who was refused promotion to the role of Sudanese researcher for Amnesty International because it believed that the appointment of a person of her ethnic origin would compromise its perceived impartiality and would expose her to a safety risk when visiting Sudan and Eastern Chad, was discriminated against on the ground of her race and ethnic origin.”

The Times, 6th October 2009

Source: www.timesonline.co.uk