Court of Appeal (Criminal Division)
“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”
The Times, 5th August 2009
Source: www.timesonline.co.uk
Court of Appeal (Criminal Division)
Attorney General Reference No 23 of 2009 [2009] EWCA Crim 1683 (07 July 2009)
Court of Appeal (Civil Division)
Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 (31 July 2009)
High Court (Chancery Division)
Occlutech GmbH v Aga Medical Corp [2009] EWHC 2013 (Ch) (31 July 2009)
Source: www.bailii.org
Court of Appeal
“A defendant who wished to call similar-fact evidence to justify an alleged libel was entitled to do so even though the evidence related to events after the libel was published.”
The Times, 4th August 2009
Source: www.timesonline.co.uk
Regina v McMorris and Others; Attorney-General’s References Nos 8, 9 and 10 of 2009
Court of Appeal (Criminal Division)
“A sentencing judge was entitled to impose a more severe sentence than that indicated by the Sentencing Guidelines Council if, in the circumstances, that was what justice required.”
The Times, 4th August 2009
Source: www.timesonline.co.uk
Court of Appeal (Civil Division)
Deripaska v Cherney [2009] EWCA Civ 849 (31 July 2009)
Lansat Shipping Co Ltd v Glencore Grain BV [2009] EWCA Civ 855 (31 July 2009)
David Baxendale Ltd v Revenue and Customs [2009] EWCA Civ 831 (31 July 2009)
Sainsbury’s Supermarkets Ltd v Wolverhampton City Council [2009] EWCA Civ 734 (31 July 2009)
Zabihi v Janzemini & Ors [2009] EWCA Civ 851 (30 July 2009)
High Court (Chancery Division)
Sodastream Ltd v Coates & Ors [2009] EWHC 1936 (Ch) (31 July 2009)
Perrins v Holland & Anor [2009] EWHC 1945 (Ch) (31 July 2009)
Martin v Triggs Turner Bartons (a firm) & Ors [2009] EWHC 1920 (Ch) (31 July 2009)
National Trust for Places of Historic Interest v Birden [2009] EWHC 2023 (Ch) (31 July 2009)
Catalyst Investment Group Ltd v Lewinsohn & Ors [2009] EWHC 1964 (Ch) (31 July 2009)
High Court (Administrative Court)
High Court (Commercial Court)
UR Power GmbH v Kuok Oils and Grains Pte Ltd [2009] EWHC 1940 (Comm) (31 July 2009)
High Court (Technology and Construction Court)
Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor [2009] EWHC 1919 (TCC) (30 July 2009)
Source: www.bailii.org
High Court (Queen’s Bench)
Imerman v Tchenguiz & Ors [2009] EWHC 2024 (QB) (27 July 2009)
FP v Taunton & Somerset NHS Trust [2009] EWHC 1965 (QB) (31 July 2009)
London Borough of Barnet v Adler & Ors [2009] EWHC 2012 (QB) (31 July 2009)
Khader v Aziz & Anor [2009] EWHC 2027 (QB) (31 July 2009)
High Court (Technology and Construction Court)
Workspace Management Ltd v YJL London Ltd [2009] EWHC 2017 (TCC) (28 July 2009)
High Court (Patents Court)
MMI Research Ltd. v Cellxion Ltd & Ors [2009] EWHC 1938 (Pat) (31 July 2009)
Fabio Perini SPA v LPC Group Plc & Ors [2009] EWHC 1929 (Pat) (31 July 2009)
Source: www.bailii.org
Stone & Rolls Ltd (in liquidation) v Moore Stephens (a firm) [2009] UKHL 39; [2009] WLR (D) 277
“A company, which was in the exclusive control of its sole director and shareholder so as to be primarily liable for frauds committed against third parties, could not bring an action for damages against its auditors on the basis that they had failed to detect ‘the very thing’, namely its fraudulent activities, they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the principle of ex turpi causa non oritur actio.”
WLR Daily, 31st July 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.
“On an application for judicial review of the Secretary of State’s alleged failure to take steps to implement targets specified in the Warm Homes and Energy Conservation Act 2000 and the UK Fuel Poverty Strategy, and in particular for eliminating fuel poverty ‘as far as reasonably practicable’, where the legal obligation on the Secretary of State had been defined in terms of effort and endeavour, arguments as to the desirability of the Government’s policy on the use of available money were not apt to found an argument of breach of statutory duty and judicial review, absent a rationality challenge.”
WLR Daily, 31st July 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.
“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”
WLR Daily, 31st July 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.
Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274
“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”
WLR Daily, 31st July 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.
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273
“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”
WLR Daily, 31st July 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.
“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to prosecute a person such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”
WLR Daily, 31st July 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.
Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270
“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”
WLR Daily, 31st July 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 v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269
“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”
WLR Daily, 31st July 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 (Al-Sweady and Others) v Secretary of State for Defence
Queen’s Bench Divisional Court
“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”
The Times, 3rd August 2009
Source: www.timesonline.co.uk
Metropolitan International Schools Ltd v Designtechnica Corporation and Others
Queen’s Bench Division
“An internet search engine was not a publisher at common law.”
The Times, 3rd August 2009
Source: www.timesonline.co.uk
Yeong v General Medical Council [2009] EWHC 1923 (Admin); [2009] WLR (D) 268
“When considering a medical practitioner’s fitness to practise where the misconduct consisted of violation of the professional relationship between doctor and patient the efforts made by the practitioner to address his behaviour for the future might carry less weight than in cases where the misconduct consisted of clinical errors or incompetence.”
WLR Daily, 30th July 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.
“The statutory scheme established to compensate shareholders subsequent to the nationalisation of Northern Rock plc, on the basis of the assessment of the valuation of the shares by means of the statutory assumptions provided for in s 5(4) of the Banking (Special Provisions) Act 2008, did not violate the shareholders’ right to the protection of their property guaranteed under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Those statutory assumptions struck the balance, required by the Convention, between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.”
WLR Daily, 30th July 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.
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