Category: law reports
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for Work & Pensions v Yates [2009] EWCA Civ 479 (10 June 2009)
High Court (Chancery Division)
Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)
High Court (Technology and Construction Court)
Thompson (t/a R J Thompson International) v Charlesworth [2009] EWHC 417 (TCC) (17 February 2009)
National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)
Source: www.bailii.org
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE
House of Lords
“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”
The Times, 11th June 2009
Source: www.timesonline.co.uk
Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) – WLR Daily
“Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as well as under regs 13 and 16 or 14 of the Working Time Regulations 1998.”
WLR Daily, 10th June 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 Islam – WLR Daily
R v Islam [2009] UKHL 30; [2009] WLR (D) 177
“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”
WLR Daily, 10th June 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.
Supperstone v Hurst and another – WLR Daily
Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176
“The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made.”
WLR Daily, 10th June 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 Fazal – WLR Daily
“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”
WLR Daily, 10th June 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.
AB and Others v Ministry of Defence – Times Law Reports
AB and Others v Ministry of Defence
Queen’s Bench Division
“Claims for compensation by former servicemen in relation to exposure to ionising radiation as a result of nuclear tests carried out in the 1950s were not to be struck out either as time-barred or as having no reasonable prospect of success.”
The Times, 10th June 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
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
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
High Court (Commercial Division)
Inta Navigation Ltd & Anor v Ranch Investments Ltd & Anor [2009] EWHC 1216 (Comm) (05 June 2009)
High Court (Administrative Court)
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
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
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
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
Court of Appeal (Civil Division)
NH v A County Council & Ors [2009] EWCA Civ 472 (04 June 2009)
High Court (Administrative Court)
High Court (Commercial Court)
Karafarin Bank v Mansoury-Dara [2009] EWHC 1217 (Comm) (04 June 2009)
Source: www.bailii.org
BAILII: Recent Decisions
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 (G) v Southwark London Borough Council – Times Law Reports
Regina (G) v Southwark London Borough Council
House of Lords
“A local authority’s children’s services unit could not purport to fulfil its duties to look after a homeless child merely by referring him to the homeless persons unit.”
The Times, 4th June 2009
Source: www.timesonline.co.uk
Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter – Times Law Reports
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
