Category: law reports

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th 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.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th 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 v Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Lee v Whitehouse – Times Law Reports

Posted July 13th, 2009 in law reports, repossession by sally

Lee v Whitehouse

Court of Appeal

“A judge who was asked to make a possession order under section 98(1)(a) of the Rent Act 1977 on the ground that there was suitable alternative accommodation available had to decide whether or not it was reasonable to make an order by evaluating the effect on both parties if an order was made and if it was not.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Radmacher (formerly Granatino) v Granatino – Times Law Reports

Posted July 13th, 2009 in divorce, law reports, prenuptial agreements by sally

Radmacher (formerly Granatino) v Granatino

Court of Appeal

“Judges exercising the wide discretion they have in achieving fairness between the parties in matrimonial ancillary relief proceedings were able to take into account the terms of any prenuptial agreement.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 10th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670 (09 July 2009)

Bedfordshire County Council v Dixon-Wilkinson [2009] EWCA Civ 678 (09 July 2009)

Mackenzie, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 669 (09 July 2009)

High Court (Administrative Court)

F & Ors, R (on the application of) v Wirral Borough Council [2009] EWHC 1626 (Admin) (09 July 2009)

High Court (Chancery Division)

Stanford International Bank Ltd & Ors, Re [2009] EWHC 1661 (Ch) (09 July 2009)

High Court (Commercial Court)

JPMorgan Chase Bank NA & Anor v Berliner Verkehrsbetriebe (BVG) & Anor [2009] EWHC 1627 (Comm) (09 July 2009)

Source: www.bailii.org

Foster Wheeler Ltd v Hanley and others – WLR Daily

Posted July 10th, 2009 in EC law, equality, law reports, pensions, retirement, trusts by sally

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th 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.

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Posted July 10th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – Times Law Reports

Posted July 10th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

R v G(G) and Another – Times Law Reports

Posted July 10th, 2009 in appeals, criminal justice, criminal procedure, law reports by sally

R v G(G) and Another

Court of Appeal

“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted July 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Syska (Elektrim SA) v Vivendi Universal SA & Ors [2009] EWCA Civ 677 (09 July 2009)

Court of Appeal (Criminal Division)

RF, R. v [2009] EWCA Crim 678 (08 July 2009)

High Court (Family Division)

A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam) (03 July 2009)

High Court (Queen’s Bench Division)

D Pride & Partners v Institute for Animal Health & Ors [2009] EWHC 1617 (QB) (08 July 2009)

High Court (Technology and Construction Court)

Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC) (8 July 2009)

Source: www.bailii.org.

BCL Old Co Ltd and Others v BASF SE and Others – Times Law Reports

Posted July 9th, 2009 in competition, law reports, time limits by sally

BCL Old Co Ltd and Others v BASF SE and Others

Court of Appeal

“The two-year time limit for bringing a claim for loss resulting from an infringement of EC or UK competition rules could be postponed where there was an appeal against the infringement itself. The time limit continued to run, however, where there was an appeal against the penalty imposed.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Hartlepool Borough Council v Llewellyn and Others – Times Law Reports

Posted July 9th, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn and Others

Employment Appeal  Tribunal

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to successful comparators by way of arrears.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

R v Leeks – WLR Daily

Posted July 9th, 2009 in indictments, law reports by sally

R v Leeks [2009] WLR (D) 220

“The failure to endorse an order amending an indictment would amount to a fundamental error if the court had failed positively to exercise its discretion to make such an order.”

WLR Daily, 8th 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.

High wheelclamping charges illegal, says RAC – The Independent

Posted July 9th, 2009 in fines, law reports, news, parking, wheel clamping by sally

“Wheelclampers are acting illegally by imposing exorbitant charges for the release of cars parked on private land, the RAC said today. The concept of one citizen ‘punishing’ another is alien in English law, according to barrister and engineer Dr Chris Elliott, whose review of private-property parking regulations was published today by the RAC.”

Full story

The Independent, 9th July 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 8th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Heffernan v London Borough of Hackney [2009] EWCA Civ 665 (07 July 2009)

Secretary of State for Environment, Food and Rural Affairs v Downs [2009] EWCA Civ 664 (07 July 2009)

Foster Wheeler Ltd v Hanley & Ors [2009] EWCA Civ 651 (08 July 2009)

Court of Appeal (Criminal Division)

Sofroniou v R [2009] EWCA Crim 1360 (07 July 2009)

Pepperell, R. v [2009] EWCA Crim 1327 (07 July 2009)

High Court (Chancery Division)

Equitas Ltd (the Names At Lloyd’s for the 1992 and Prior Years of Account), Re [2009] EWHC 1595 (Ch) (07 July 2009)

Clarke & Anor v Corless & Anor [2009] EWHC 1636 (Ch) (08 July 2009)

High Court (Patents Court)

Cranway Ltd v Playtech Ltd & Ors [2009] EWHC 1588 (Pat) (07 July 2009)

High Court (Technology and Construction Court)

Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 1552 (TCC) (07 July 2009)

Source: www.bailii.org

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others – Times Law Reports

Posted July 8th, 2009 in Judaism, law reports, race discrimination, school admissions by sally

Regina (E) v Governing Body of JFS and Others; Regina (E) v Schools Adjudicator and Others

Court of Appeal

“A Jewish school which restricted its intake to Jews, as defined by the Office of the Chief Rabbi, while making no requirement of practice or faith, discriminated racially against applicants who were not Jewish by descent or orthodox conversion.”

The Times, 8th July 2009

Source: www.timesonline.co.uk

R (P) v Secretary of State for Justice – WLR Daily

Posted July 8th, 2009 in human rights, law reports, prisons, young offenders by sally

R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234

“Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young offender while he was in detention, a ‘real and immediate’ risk to life was a prerequisite.”

WLR Daily, 7th 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 Downer – WLR Daily

Posted July 8th, 2009 in admissibility, burglary, law reports by sally

R v Downer  [2009] EWCA Crim 1361; [2009] WLR (D) 233

“The offence of aggravated burglary under s 10 (1) of the Theft Act 1968 was not to be regarded as an indivisible offence and, in order to find out what constituted a burglary, it was essential to have regard to the two types of burglary described in (a) and (b) of s 9(1) of the Act.”

WLR Daily, 7th 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.

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) – WLR daily

Posted July 8th, 2009 in housing, law reports by sally

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 613; [2009] WLR (D) 232

“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”

WLR Daily, 3rd 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.