Category: law reports
In re Lehman Brothers International (Europe) (in administration)(No 2) – WLR Daily
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”
WLR Daily, 26th August 2009
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v I (C) and others – WLR Daily
Regina v I (C) and others; [2009] WLR (D) 286
“A judge who had conducted the case management of a long or complex case, whether or not as a preparatory hearing, had to conduct the trial in that case unless there were sufficiently compelling cause to depart from that rule.”
WLR Daily, 26th August 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 v Downer (Fairness of trial) – Times Law Reports
Regina v Downer (Fairness of trial)
Court of Appeal
“Co-defendants’ pleas of guilty to a different offence should not be admitted in evidence when they would have an adverse effect on the fairness of the trial of the accused.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
London and Quadrant Housing Trust v Weaver; Equality and Human Rights Commission intervening – Times Law Reports
London and Quadrant Housing Trust v Weaver; Equality and Human Rights Commission intervening
Court of Appeal
“A registered social landlord could be a hybrid public authority and where, on the facts, such a landlord was, the eviction one of its assured tenants was not a private act and was susceptible of judicial review.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
Serious Organised Crime Agency v Szepietowski and Others (No 2) – Times Law Reports
Serious Organised Crime Agency v Szepietowski and Others (No 2)
Chancery Division
“The court had power in appropriate circumstances to set aside an order excluding part of the property subject to an interim receiving order made to enable the subject of the order to pay his legal expenses.”
The Times, 26th August 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
Rubin & Anor v Eurofinance SA & Ors [2009] EWHC 2129 (Ch) (31 July 2009)
High Court (Administrative Court)
Source: www.bailii.org
R v Greene – WLR Daily
“Where a judge ruled that a witness could be treated as a hostile in examination at trial within the meaning of s 3 of the Criminal Procedure Act 1865 by the party calling him, but that witness did not in the event prove to be hostile, the judge was still obliged to warn the jury to approach that witness’s evidence with some caution, and the nature of that direction depended on the particular circumstances of the case.”
WLR Daily, 14th August 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 v Charles – Times Law Reports
Court of Appeal (Criminal Division)
“Where a person was charged with an offence of doing something which he was prohibited from doing by an antisocial behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”
The Times, 25th August 2009
Source: www.timesonline.co.uk
In re D (Children) (Care proceedings: Preliminary hearing) – Times Law Reports
In re D (Children) (Care proceedings: Preliminary hearing)
Court of Appeal
“Where it was clear that a child had been assaulted by one or other of two people, the court was not required to identify which one was the perpetrator.”
The Times, 25th August 2009
Source: www.timesonline.co.uk
Yeong v General Medical Council – Times Law Reports
Yeong v General Medical Council
Queen’s Bench Division
“While a doctor’s clinical errors or incompetence might be addressed by remedial action to address his areas of weakness, such remedial action was less relevant where the misconduct consisted of engaging in a sexual relationship with a patient.”
The Times, 25th August 2009
Source: www.timesonline.co.uk
Regina v Bannister – Times Law Reports
Court of Appeal (Criminal Division)
“The special skill, or lack of skill of a driver was irrelevant when considering whether his driving was dangerous.”
The Times, 24th August 2009
Source: www.timesonline.co.uk
Dallah Estate and Tourism Holding Company v Ministry of Religious Affairs of the Government of Pakistan – Times Law Reports
Court of Appeal
“When a court was reviewing an international arbitration award careful attention was to be accorded to the type of hearing and the standard of proof required to establish whether that award was valid.”
The Times, 24th August 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Yemoh & Ors v Regina [2009] EWCA Crim 1775 (20 August 2009)
Court of Appeal (Civil Division)
Heald & Ors v London Borough of Brent [2009] EWCA Civ 930 (20 August 2009)
High Court (Chancery Division)
Nude Brands Ltd.v Stella MccArtney Ltd & Ors [2009] EWHC 2154 (Ch) (20 August 2009)
Butters & Ors v BBC Worldwide Ltd & Ors [2009] EWHC 1954 (Ch) (20 August 2009)
Source: www.bailii.org
Regina (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – Times Law Reports
Regina (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council
Court of Appeal
“A planning authority considering exercising its compulsory purchase powers could have regard to wider benefits, which might include benefits deriving from the redevelopment of a site not within the proposed development itself.”
The Times, 21st August 2009
Source: www.timesonline.co.uk
O’Donnell v Shanahan and Another – Times Law Reports
O’Donnell v Shanahan and Another
Court of Appeal
“A director had a duty to inform his company of a relevant business opportunity and it was not for the director to make his own decision that the company would not be interested and appropriate the opportunity to himself.”
The Times, 21st August 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Booth v Oldham MBC [2009] EWCA Civ 880 (18 August 2009)
Source: www.bailii.org
Regina (F) v Secretary of State for Justice – Times Law Reports
Regina (F) v Secretary of State for Justice
Court of Appeal
“The absence of a right of review at any time of notification requirements imposed upon offenders who had been placed on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life. The case for granting a declaration of incompatability was even stronger in the case of young offenders than of adult offenders.”
The Times, 20th August 2009
Source: www.timesonline.co.uk
Slade v Slade – Times Law Reports
Court of Appeal
“When a civil court was sentencing a contemnor for conduct which had already been the subject of sentencing for a criminal conviction, it was essential that the second court should be fully informed of the factors and circumstances reflected in the first sentence.”
The Times, 20th August 2009
Source: www.timesonline.co.uk
