BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295 (QB) (20 February 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
Category: law reports
Protectacoat Firthglow Ltd v Szilagyi – WLR Daily
Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67
“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”
WLR Daily, 23rd February 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.
Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily
“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”
WLR Daily, 23rd February 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 – Times Law Reports
Regina (Purdy) v Director of Public Prosecutions
Court of Appeal
“The refusal by the Director of Public Prosecutions to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide was lawful.”
The Times, 24th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)
High Court (Commercial Court)
JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)
Source: www.bailii.org
Mitchell v Glasgow City Council – WLR Daily
Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65
“Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”
WLR Daily, 20th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Commune de Sausheim v Azelvandre – WLR Daily
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64
“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”
WLR Daily, 20th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Floe Telecom Ltd v Office of Communications and Another – Times Law Reports
Floe Telecom Ltd v Office of Communications and Another
Court of Appeal
“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”
The Times,23rd February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Couzens v T McGee & Co Ltd [2009] EWCA Civ 95 (19 February 2009)
JC (China) v Secretary of State for the Home Department [2009] EWCA Civ 81 (19 February 2009)
Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79 (19 February 2009)
Leofelis SA & Anor v Lonsdale Sports Ltd & Ors [2009] EWCA Civ 68 (19 February 2009)
JH (Zimbabwe) v Secretary of State for the Home Department [2009] EWCA Civ 78 (19 February 2009)
High Court (Administrative Court)
Chandrasekera v Nursing and Midwifery Council [2009] EWHC 144 (Admin) (13 February 2009)
Parker & Ors v Nottinghamshire County Council & Anor [2009] EWHC 229 (Admin) (13 February 2009)
Chandler v London Borough of Camden [2009] EWHC 219 (Admin) (13 February 2009)
Stockton-On-Tees Borough Council v Latif [2009] EWHC 228 (Admin) (13 February 2009)
High Court (Chancery Division)
Revenue and Customs v Collins [2009] EWHC 284 (Ch) (20 February 2009)
Sattar v Sattar & Anor [2009] EWHC 289 (Ch) (20 February 2009)
High Court (Queen’s Bench Division)
AT & Ors v Dulghieru & Anor [2009] EWHC 225 (QB) (19 February 2009)
CJL (A Child) v West Midlands Strategic Health Authority [2009] EWHC 259 (QB) (20 February 2009)
Source: www.bailii.org
R (A) v Director of Establishments of the Security Service – WLR Daily
R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63
“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”
WLR Daily, 19th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Purdy) v Director of Public Prosecutions – WLR Daily
R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] WLR (D) 62
“The Director of Public Prosecutions did not act unlawfully in failing to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide.”
WLR Daily, 19th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) – WLR Daily
“The ‘damages’ awarded in respect of ‘the damage in question’ from which reduction was made pursuant to s 2(3)(b) of the Civil Liability (Contribution) Act 1978 in the event of contributory negligence on the part of the person who suffered the damage, had the same meaning as ‘the same damage’ and ‘damage in question’ in s 1(1) of the 1978 Act and s 2(1) of the 1978 Act. The reduction in respect of contributory negligence was therefore applied as a cap on the contributors’ liability after the court had first assessed the total loss for which both the contributors were liable.”
WLR Daily, 19th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
A and Others v United Kingdom (Application No 3455/05) – Times Law Reports
A and Others v United Kingdom (Application No 3455/05)
European Court of Human Rights
“The European Court of Human Rights held the United Kingdom in breach of article 5.1 of the European Convention on Human Rights in respect of nonnational terrorist suspects, since they had not been detained with a view to deportation and the derogating measures permitting their indefinite detention discriminated unjustifiably between nationals and nonnationals.”
The Times, 20th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
A v B [2009] EWCA Civ 24 (18 February 2009)
High Court (Administrative Court)
High Court (Patents Court)
Schlumberger Holdings Ltd v Electromagnetic Geoservices [2009] EWHC 58 (Pat) (19 January 2009)
Source: www.bailii.org
RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same; Othman v Same – WLR Daily
“Appeals from the Special Immigration Appeals Commission (‘SIAC’) were restricted to matters of law or irrationality. SIAC was entitled to have regard to closed material and to assurances given by their governments in concluding that appellants would not, if deported, face a real risk of inhuman treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or violation of the right to a fair trial under art 6.”
WLR Daily, 18th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same – Times Law Reports
RB (Algeria) v Secretary of State for the Home Department; U (Algeria) v Same
House of Lords
“Appeals from decisions of the Special Immigration Appeals Commission were restricted to questions of law or irrationality.”
The Times, 19th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MQ (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 61 (11 February 2009)
Tradition Securities and Futures SA v Mouradian [2009] EWCA Civ 60 (11 February 2009)
Ansari v New India Assurance Ltd [2009] EWCA Civ 93 (18 February 2009)
BMW Ag & Anor, R (on the application of) v Revenue & Customs [2009] EWCA Civ 77 (18 February 2009)
Woodhouse School v Webster [2009] EWCA Civ 91 (18 February 2009)
Sinha v General Medical Council [2009] EWCA Civ 80 (18 February 2009)
High Court (Commercial Court)
Source: www.bailii.org
Elgafaji and another v Staatssecretaris van Justitie – WLR Daily
Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59
“For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient for such a threat to be established by a high level of indiscriminate violence in the country in question.”
WLR Daily, 17th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily
“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”
WLR Daily, 17th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
