Category: law reports

R v Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

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.

BAILII: Recent Decisions

Posted July 31st, 2009 in law reports by sally

Court of Appeal (Civil Division)

NA (Afghanistan) v Secretary of State for the Home Department (Rev 1) 2009] EWCA Civ 846 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

Friends of the Earth & Ors, R (on the application of) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 (30 July 2009)

ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)

Manning & Anor v Kings College Hospital NHS Trust [2009] EWCA Civ 832 (31 July 2009)

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Court of Appeal (Criminal Division)

Whittington v R. [2009] EWCA Crim 1641 (30 July 2009)

Iqbal v R. [2009] EWCA Crim 1627 (30 July 2009)

HIgh Court (Administrative Court)

Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) (29 July 2009)

Saha v The General Medical Council [2009] EWHC 1907 (Admin) (29 July 2009)

Serious Organised Crime Agency v Perry & Ors [2009] EWHC 1960 (Admin) (30 July 2009)

High Court (Chancery Division)

Bilkus v Stockler Brunton (a firm) [2009] EWHC 1957 (Ch) (30 July 2009)

Parkinson v Fawdon [2009] EWHC 1953 (Ch) (30 July 2009)

High Court (C0mmercial Court)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Calyon v Wytwornia Sprzetu Komunikacynego Pzl Swidnik SA [2009] EWHC 1914 (Comm) (30 July 2009)

High Court (Queen’s Bench Division)

Williams v Jervis (Komatsu) [2009] EWHC 1838 (QB) (30 July 2009)

Williams v Jervis (Komatsu) [2009] EWHC 1837 (QB) (30 July 2009)

Source: www.bailii.org

R v Charles – WLR Daily

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

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.

R v Bannister – WLR Daily

Posted July 31st, 2009 in dangerous driving, law reports, police by sally

R v Bannister [2009] EWCA Crim 1571; [2009] WLR (D) 264

“A driver’s special skill, or lack of skill, was an irrelevant circumstance when considering whether his driving was dangerous.”

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.

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily

Posted July 31st, 2009 in competition, law reports by sally

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”

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.

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same – WLR Daily

Posted July 31st, 2009 in insolvency, law reports, winding up by sally

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same [2009] EWHC 1912 (Ch); [2009] WLR (D) 262

 “Although a contractual provision which had the effect of requiring a person who had become insolvent to be deprived of an asset conflicted with the principle that an insolvent’s assets would be available for distribution among his creditors and would generally be unenforceable, the principle did not invalidate contractual provisions which had the effect of prejudicing creditors of a company in the event of insolvency by the actual or effective removal of an asset from the insolvent estate.”

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.

R v Khan – WLR Daily

Posted July 31st, 2009 in diminished responsibility, homicide, law reports, mental health by sally

R v Khan [2009] EWCA Crim 1569; [2009] WLR (D) 261

“The circumstance that, on a charge of murder, there was unchallenged expert medical evidence that the defendant suffered from such abnormality of mind as to support a defence of diminished responsibility did not of itself necessitate the withdrawal of the charge from the jury.”

WLR Daily, 29th 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 (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening – Times Law Reports

Posted July 31st, 2009 in law reports by sally

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening

House of Lords

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances that he would take into account in considering whether to prosecute persons such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

The Times, 31st July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 30th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Tuplin, R. v [2009] EWCA Crim 1572 (29 July 2009)

Tregalles, R. v [2009] EWCA Crim 1638 (29 July 2009)

Court of Appeal (Civil Division)

WL Gore & Associates GmbH v Geox SPA [2009] EWCA Civ 794 (29 July 2009)

Trade Electronix Ltd v Best Buy Today (Wholesale) Ltd & Anor [2009] EWCA Civ 828 (29 July 2009)

Nationwide Building Society v Wright & Anor [2009] EWCA Civ 811 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

High Court (Technology and Construction Court)

Corby Group Litigation, Re [2009] EWHC 1944 (TCC) (29 July 2009)

High Court (Patents Court)

Zeno Corp (Formerly Known As Tyrell Inc) & Anor v BSM-Bionic Solutions Management GmbH & Anor [2009] EWHC 1829 (Pat) (29 July 2009)

Source: www.bailii.org

Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – WLR Daily

Posted July 29th, 2009 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health [2009] EWCA Civ 795; [2009] WLR (D) 260

“A policy of banning smoking in the premises of an NHS trust, which had the effect of prohibiting smoking for those detained in a high security psychiatric hospital, did not contravene the patients’ human rights and was lawful.”

WLR Daily, 28th 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.

Secretary of State for the Home Department v GG – WLR Daily

Posted July 29th, 2009 in control orders, law reports by sally

Secretary of State for the Home Department v GG [2009] EWCA Civ 786; [2009] WLR (D) 25

“There was no power to include in a control order a general requirement to submit to searches of the person.”

WLR Daily, 28th 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.

Desmond v Bower – WLR Daily

Posted July 29th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower [2009] EWCA Civ 667; [2009] WLR (D) 258

“The reasoning of the judge refusing the defendant in a libel trial permission to call evidence of discreditable behaviour by the claimant subsequent to the alleged libel was a matter of law in which the appellate court was entitled to intervene. Evidence of discreditable behaviour similar to that described in the alleged libel could be admitted even though the evidence concerned behaviour subsequent to the libel.”

WLR Daily, 28th 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.

Ryan v Islington London Borough Council – Times Law Reports

Posted July 29th, 2009 in law reports by sally

Ryan v Islington London Borough Council

Court of Appeal

“A tenant who wished to acquire her local authority flat under the right to buy scheme could not require the local authority to carry out remedial works to the property as a precondition to complying with a notice to complete.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 29th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Bannister, R. v [2009] EWCA Crim 1571 (28 July 2009)

CPS (Durham) v N [2009] EWCA Crim 1573 (28 July 2009)

Charles, R v [2009] EWCA Crim 1570 (28 July 2009)

K, R. v [2009] EWCA Crim 1640 (28 July 2009)

Court of Appeal (Civil Division)

Somerset County Council & Anor v Pike [2009] EWCA Civ 808 (28 July 2009)

George v Allied Healthcare (UK) [2009] EWCA Civ 756 (28 July 2009)

SRM Global Master Fund Lp & Ors v Her Majesty’s Treasury [2009] EWCA Civ 788 (28 July 2009)

Bookmakers’ Afternoon Greyhound Services Ltd & Ors v Amalgamated Racing Ltd & Ors [2009] EWCA Civ 750 (28 July 2009)

High Court (Chancery Division)

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 1912 (Ch) (28 July 2009)

High Court (Queen’s Bench Division)

Revenue & Customs Prosecutions Office v May & Anor [2009] EWHC 1826 (QB) (22 July 2009)

Willmore v Knowsley Metropolitan Borough Council [2009] EWHC 1831 (QB) (24 July 2009)

High Court (Administrative Court)

Mohan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1949 (Admin) (28 July 2009)

Yollari & Anor, R (on the application of) v Secretary of State for Transport & Anor [2009] EWHC 1918 (Admin) (28 July 2009)

Yeong v General Medical Council [2009] EWHC 1923 (Admin) (28 July 2009)

AN, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1921 (Admin) (28 July 2009)

High Court (Commercial Court)

Compania Sud-Americana De Vapores S.A. v Nippon Yusen Kaisha [2009] EWHC 1606 (Comm) (09 July 2009)

Source: www.bailii.org

Revenue and Customs Commissioners v Holland and Another – Times Law Reports

Posted July 28th, 2009 in law reports by sally

Revenue and Customs Commissioners v Holland and Another

Court of Appeal

“A human director of a company which in turn was a corporate director of a second company, could, in certain circumstances, be regarded as a de facto director of that second company but he would not be regarded as such automatically.”

The Times, 28th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009)

High Court (Chancery Division)

Heath v Kelly & Anor [2009] EWHC 1908 (Ch) (24 July 2009)

High Court (Family Division)

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Y v I [2009] EWHC 1378 (Fam) (28 May 2009)

High Court (Administrative Court)

V, R (on the application of) v Asylum and Immigration Tribunal & Anor [2009] EWHC 1902 (Admin) (24 July 2009)

High Court (Technology and Construction Court)

Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC) (24 July 2009)

Source: www.bailii.org

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another – WLR Daily

Posted July 27th, 2009 in disciplinary procedures, doctors, law reports, legal representation by sally

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257

“A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer.”

WLR Daily, 24th 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.

Azaz v Denton – WLR Daily

Posted July 27th, 2009 in law reports, limitations, personal injuries by sally

Azaz v Denton [2009] EWHC 1759 (QB); [2009] WLR (D) 256

WLR Daily, 24th July 2009

“The three-year limitation period under s 11 of the Limitation Act 1980 applied to the whole action where a claim for damages for personal injuries was one of a number of claims.”

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.

Easterly Ltd v Headway plc – WLR Daily

Posted July 27th, 2009 in law reports, pensions, trusts, winding up by sally

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th 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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th 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.