law reports – Page 276 – Current Awareness

BAILII: Recent Decisions

Posted June 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Shah v Ul-Haq & Ors [2009] EWCA Civ 542 (09 June 2009)

Baker v Quantum Clothing Group & Ors [2009] EWCA Civ B12 (05 June 2009)

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490 (09 June 2009)

High Court (Commercial Court)

Webster Thompson Ltd v J G Pears (Newark) Ltd & Ors [2009] EWHC 1070 (Comm) (18 May 2009)

High Court (Patents Court)

Folding Attic Stairs Ltd v The Loft Stairs Company Ltd & Anor [2009] EWHC 1221 (Pat) (09 June 2009)

Source: www.bailii.org

AB and others v Ministry of Defence – WLR Daily

Posted June 9th, 2009 in class actions, law reports, limitations, personal injuries by sally

AB and others v Ministry of Defence [2009] EWHC 1225 (QB); [2009] WLR (D) 174

“In relation to a group action the issue as to when a claimant had “knowledge” for the purposes of ss 12 and 14 of the Limitation Act 1980 was primarily one of fact The state of the claimant’s belief was to be considered, as also whether he thought it necessary to refer his belief to experts, medical or legal, or others. In relation to words used by a witness when being asked about his state of mind at a particular time in the past, his actions (or inactions) at the time about which he was being asked might require the words used or accepted in evidence to be viewed with circumspection.”

WLR Daily, 8th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted June 8th, 2009 in law reports by sally

High Court (Commercial Division)

Inta Navigation Ltd & Anor v Ranch Investments Ltd & Anor [2009] EWHC 1216 (Comm) (05 June 2009)

High Court (Administrative Court)

Speciality Produce Ltd v Secretary of State for the Environment, Food and Rural Affairs [2009] EWHC 1245 (Admin) (05 June 2009)

High Court (Chancery Division)

Dean v Burne & Ors [2009] EWHC 1250 (Ch) (05 June 2009)

HIgh Court (Queen’s Bench Division)

Lovell (Nee Geraghty) v Leeds City Council [2009] EWHC 1145 (QB) (22 May 2009)

AB & Ors v Ministry of Defence [2009] EWHC 1225 (QB) (05 June 2009)

Source: www.bailii.org

Roult v North West Strategic Health Authority – Times Law Reports

Posted June 8th, 2009 in civil procedure rules, law reports, personal injuries by sally

Roult v North West Strategic Health Authority

Court of Appeal

“There was no power in the context of personal injury litigation to vary the terms of a settlement where there had been an unforeseen event which destroyed the assumption on which the settlement was made.”

The Times, 8th June 2009

Source: www.timesonline.co.uk

Rank Nemo (DMS) Ltd and Others v Coutinho – Times Law Reports

Posted June 8th, 2009 in compensation, employment tribunals, law reports, race discrimination, victimisation by sally

Rank Nemo (DMS) Ltd and Others v Coutinho

Court of Appeal

“An employment tribunal had no jurisdiction to enforce a discrimination compensation award it made to an employee; however, if the employee had entered a county court judgment on the award and the employer still failed to pay the money, then the employment tribunal could link the failure to post-employment discrimination and victimisation in order to assume jurisdiction to enforce the judgment.”

The Times, 8th June 2009

Source: www.timesonline.co.uk

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd – Times Law Reports

Posted June 5th, 2009 in EC law, insurance, law reports, VAT by sally

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd

Chancery Division

“Companies offering introductory services to channel would-be customers to insurers by electronic means and who received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from value-added tax.”

Times Law Reports, 5th June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted June 4th, 2009 in law reports by sally

Court of Appeal (Civil Division)

NH v A County Council & Ors [2009] EWCA Civ 472 (04 June 2009)

High Court (Administrative Court)

Purglove, R (on the application of) v The Social Security Commissioners [2009] EWHC 1096 (Admin) (19 May 2009)

Shayanth, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1208 (Admin) (03 June 2009)

A, R (on the application of) v Independent Appeal Panel for the London Borough of Sutton [2009] EWHC 1223 (Admin) (04 June 2009)

High Court (Commercial Court)

Karafarin Bank v Mansoury-Dara [2009] EWHC 1217 (Comm) (04 June 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted June 4th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service v Campbell [2009] EWCA Crim 997 (22 May 2009)

High Court (Queen’s Bench Division)

Webster & Ors v The Governors of the Ridgeway Foundation School [2009] EWHC 1140 (QB) (21 May 2009)

Source: www.bailii.org

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter – Times Law Reports

Posted June 3rd, 2009 in hearsay evidence, law reports, witnesses by sally

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter

Court of Appeal (Criminal Division)

“A criminal trial could be fair although the defence did not have the opportunity of examining every prosecution witness.”

The Times, 3rd June 2009

Source: www.timesonline.co.uk

Napier and Another v Pressdram Ltd – Times Law Report

Posted June 2nd, 2009 in barristers, confidentiality, law reports, solicitors by sally

Napier and Another v Pressdram Ltd

Court of Appeal

“A barrister who made a complaint against his solicitor to his professional body owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication against the solicitor where the subject matter underlying the adjudication was nothing private to the solicitor.”

The Times, 2nd June 2009

Source: www.timesonline.co.uk

House of Lords Judgments: What’s new?

Posted June 1st, 2009 in law reports by sally

McConkey and another (Appellants) v The Simon Community (Respondents) (Northern Ireland) [2009] UKHL 24 (20 May 2009)

Odelola (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2009] UKHL 25 (20 May 2009)

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents) [2009] UKHL 26 (20 May 2009)

Smith (Appellant) v Northamptonshire County Council (Respondents) [2009] UKHL 27 (20 May 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted June 1st, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Curtis, R v [2009] EWCA Crim 1003 (30 April 2009)

Straughan, R v [2009] EWCA Crim 955 (28 April 2009)

Fazli, R v [2009] EWCA Crim 939 (24 April 2009)

Welsh, R. v [2009] EWCA Crim 945 (24 April 2009)

Hakimzadeh, R. v [2009] EWCA Crim 959 (28 April 2009)

Source: www.bailii.org

Regina v Hughes (James) – Times Law Reports

Posted June 1st, 2009 in appeals, law reports, sentencing by sally

Regina v Hughes (James)

Court of Appeal (Criminal Division)

“The statutory right of a single appeal to the Court of Appeal, Criminal Division was not removed when the Attorney-General referred the case to that court, since the defendant had not exercised his right to appeal.”

The Times, 1st June 2009

Source: www.timesonline.co.uk

Regina (Wood) v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 1st, 2009 in human rights, law reports, police, privacy, public order by sally

Regina (Wood) v Commissioner of Police of the Metropolis

Court of Appeal

“Justification for state interference with the right to privacy had to be the more compelling where that interference was in pursuit of the protection of the community from the risk of public disorder or low level crime as against the danger of terrorism or really serious criminal activity.”

The Times, 1st June 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 29th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)

Source: www.bailii.org

R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily

Posted May 28th, 2009 in hearsay evidence, human rights, law reports by sally

R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173

“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”

WLR Daily, 27th May 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.

Napier and another v Pressdram Ltd – WLR Daily

Posted May 28th, 2009 in complaints, confidentiality, injunctions, law reports, solicitors by sally

Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172

“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”

WLR Daily, 27th May 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.