BAILII: Recent Decisions
Court of Appeal (Civil Division)
Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)
High Court (Queen’s Bench Division)
High Court (Commercial Court)
Source: www.bailii.org
Category: law reports
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily
“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”
WLR Daily, 5th 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.
Tabernacle v Secretary of State for Defence – WLR Daily
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35
“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”
WLR Daily, 5th 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.
Yearworth and others v North Bristol NHS Trust – WLR Daily
Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34
“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”
WLR Daily, 5th 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.
Regina (TF) v Secretary of State for Justice – Times Law Reports
Regina (TF) v Secretary of State for Justice
Court of Appeal
“A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it.”
The Times, 6th 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.
Ratcliffe v Secretary of State for Defence – WLR Daily
Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33
“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”
WLR Daily, 4th 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.
ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily
ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32
“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”
WLR Daily, 4th 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.
Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily
Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31
“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”
WLR Daily, 4th 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.
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Lafayette, R. v [2008] EWCA Crim 3238 (18 December 2008)
Pittman, R. v [2009] EWCA Crim 72 (14 January 2009)
Court of Appeal (Civil Division)
TK (Burundi) v Secretary of State for the Home Department [2009] EWCA Civ 40 (04 February 2009)
Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39 (03 February 2009)
A (A Child), Re [2009] EWCA Civ 41 (05 February 2009)
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 (05 February 2009)
High Court (Chancery Division)
HM Revenue & Customs v David Baxendale Ltd [2009] EWHC 162 (Ch) (05 February 2009)
High Court (Administrative Court)
Mauro v Government of the United States of America [2009] EWHC 150 (Admin) (04 February 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Mauro v Government of the United States of America [2009] EWCA Civ 150 (04 February 2009)
High Court (Chancery Division)
Golden Key Ltd, Re Insolvency Act 1986 [2009] EWHC 148 (Ch) (04 February 2009)
High Court (Administrative Court)
Director of Public Prosecutions v Wright [2009] EWHC 105 (Admin) (04 February 2009)
High Court (Technology and Construction Court)
Able Construction (UK) Ltd v Forest Property Development Ltd [2009] EWHC 159 (TCC) (27 January 2009)
High Court (Patents Court)
Bending Light Ltd, Re [2009] EWHC 59 (Pat) (30 January 2009)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tarn Insurance Services Ltd v Kirby & Ors [2009] EWCA Civ 19 (27 January 2009)
Yearworth & Ors v North Bristol NHS Trust [2009] EWCA Civ 37 (04 February 2009)
High Court (Chancery Division)
Grant v Bragg [2009] EWHC 74 (Ch) (22 January 2009)
Data Direct Technologies Ltd v Marks & Spencer Plc [2009] EWHC 97 (Ch) (26 January 2009)
Mobilx Ltd v HM Revenue & Customs [2009] EWHC 133 (Ch) (03 February 2009)
High Court (Queen’s Bench Division)
Lord Chancellor v Rees & Ors [2008] EWHC 3168 (QB) (19 December 2008)
High Court (Administrative Court)
Source: www.bailii.org
Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports
Regina (Al-Saadoon and Another) v Secretary of State for Defence
Court of Appeal
“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”
The Times, 4th 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.
Raja v Van Hoogstraten (No 9) – Times Law Reports
Court of Appeal
“Since the introduction of the Civil Procedure Rules, applications for the setting aside of orders made without notice were governed by rule 23.10, and determined by the court exercising the discretion given by that rule in accordance with the overriding objective to do justice.”
The Times, 4th 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.
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – Times Law Reports
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust
Court of Appeal
“Where a hospital employee was injured using a mechanical hoist to move a patient, the burden was on the employer to prove that it had taken appropriate steps to reduce any risk to the lowest reasonably practicable level.”
The Times, 3rd 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.
Persche v Finanzamt Lüdenscheid – Times Law Reports
Persche v Finanzamt Lüdenscheid
Court of Justice of the European Communities
“Article 56 EC on the free movement of capital enabled eligible tax deductions on gifts made to charitable bodies in the taxpayer’s state also to be claimed on gifts made to charities within the European Union outside the taxpayer’s state.”
The Times, 3rd 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 (Criminal Division)
Campbell & Ors, R. v [2009] EWCA Crim 50 (02 February 2009)
Court of Appeal (Civil Division)
Fosh v Cardiff University [2009] EWCA Civ 38 (03 February 2009)
Office of Fair Trading v Miller [2009] EWCA Civ 34 (03 February 2009)
High Court (Administrative Court)
Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (Admin) (22 January 2009)
Sonea v Mehedinti District Court [2009] EWHC 89 (Admin) (23 January 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dobson & Ors v Thames Water Utilities Ltd & Anor [2009] EWCA Civ 28 (29 January 2009)
Salvage Wharf Ltd & Anor v G & S Brough Ltd [2009] EWCA Civ 21 (29 January 2009)
High Court (Administrative Court)
Smith, R (on the application of) v HMP Belmarsh & Anor [2009] EWHC 109 (Admin) (29 January 2009)
High Court (Commercial Court)
NML Capital Ltd v The Republic of Argentina [2009] EWHC 110 (Comm) (29 January 2009)
High Court (Chancery Division)
Heath v Southern Pacific Mortgage Ltd [2009] EWHC 103 (Ch) (29 January 2009)
High Court (Queen’s Bench Division)
Source: www.bailli.org.uk
Regina (Black) v Secretary of State for Justice – Times Law Reports
Regina (Black) v Secretary of State for Justice
House of Lords
“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”
The Times, 30th January 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)
ETS v BT [2009] EWCA Civ 20 (28 January 2009)
High Court (Technology and Construction Court)
Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC) (21 January 2009)
Bovis Lend Lease Ltd v The Trustees of the London Clinic [2009] EWHC 64 (TCC) (28 January 2009)
Source: www.bailii.org
