BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)
Source: www.bailii.org
High Court (Queen’s Bench Division)
Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)
Source: www.bailii.org
Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6
“Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art 12(1) of Directive 89/104.”
WLR Daily, 16th January 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 (British Medical Association) v General Medical Council
Queen’s Bench Division
“There could be no legitimate expectation that a policy would be continued once it it had become known that it was unlawful.”
The Times, 19th 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.
Court of Appeal (Criminal Division)
Khan & Ors, R v [2009] EWCA Crim 2 (16 January 2009)
Saw & Ors, R v [2009] EWCA Crim 1 (16 January 2009)
Court of Appeal (Civil Division)
Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 (16 January 2009)
VW (Uganda) v Secretary of State for the Home Department [2009] EWCA Civ 5 (16 January 2009)
High Court (Chancery Division)
Revenue & Customs v Livewire Telecom Ltd [2009] EWHC 15 (Ch) (16 January 2009)
High Court (Technology and Construction Court)
Quartzelec Ltd v Honeywell Control Systems Ltd [2008] EWHC 3315 (TCC) (5 December 2008)
Source: www.bailii.org
Court of Appeal (Civil Division)
MA (Somalia) v Secretary of State for Home Department [2009] EWCA Civ 4 (15 January 2009)
Bulkhaul Ltd v Rhodia Organique Fine Ltd [2008] EWCA Civ 1452 (18 December 2008)
High Court (Queen’s Bench Division)
High Court (Administrative Division)
Source: www.bailii.org
Court of Appeal
“A solicitor was required to notify his client if he had an interest in recommending a particular insurance policy covering conditional fee agreements, if a reasonable person, knowing the relevant facts, would think that that interest might affect the advice the solicitor gave to his client.”
The Times, 16th 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.
Court of Appeal
“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”
The Times, 16th 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.
Portman Estate Nominees (One) Ltd and Another v Ackerman and Another
Court of Appeal
“Service of a notice by a tenant seeking to acquire a new lease of a flat had the effect of preserving the position pending determination of the claim and did not provide for continuation of only a part of the lease.”
The Times, 15th January 2009
Source: www.timesonline.co.uk
Freeguard and Another v Marlet Homes Ltd
Court of Appeal
“The words ‘Let me know if he is abusive to you’ were not in their ordinary and natural meaning capable of bearing any defamatory meaning or innuendo.”
The Times, 15th 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.
Court of Appeal (Criminal Division)
Joynson, R. v [2008] EWCA Crim 3049 (26 November 2008)
High Court (Queen’s Bench Division)
Birmingham City Council v Forde [2009] EWHC 12 (QB) (13 January 2009)
High Court (Family Division)
S (A Child) v Rochdale Metropolitan Borough Council & Anor [2008] EWHC 3283 (Fam) (31 December 2008)
High Court (Commercial Court)
Emmott v Michael Wilson & Partners Ltd [2009] EWHC 1 (Comm) (12 January 2009)
High Court (Technology and Construction Court)
Source: www.bailii.org
Regina (Shields) v Secretary of State for Justice
Queen’s Bench Divisional Court
“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”
The Times, 14th 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.
Moriarty and Another v Atkinson and Others
Court of Appeal
“If a company, in breach of its promise to a payer to keep money in a separate client account to be held on trust, paid it into a deficit current account to be used to settle the company’s debts, the payer could not trace the money paid into the current account since he acquired no proprietary right to trace the money in question which had disappeared before forming trust fund in the client account. ”
The Times, 14th 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.
Court of Appeal (Criminal Division)
“For the purpose of making the required assumptions in order to determine whether a defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that the defendant had made payments out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”
The Times, 12th 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.
Admiral Taverns (Cygnet) Ltd v Daniel and Another
Court of Appeal
“Any court had jurisdiction to stay the execution of a warrant of possession issued under section 89 of the Housing Act 1980.”
The Times, 12th 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.
Queen’s Bench Divisional Court
“On a return to custody following release from a detention and training order, the period of the ‘remainder of the term’ was to be calculated from the date when it was proved to the satisfaction of the youth court that an offender had failed to comply with the requirements of the supervision element of the order.”
The Times, 12th 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.
“The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals.”
WLR Daily, 9th January 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.
Court of Appeal (Criminal Division)
GG Plc, R v (No.2) [2008] EWCA Crim 3061 (18 December 2008)
Moyle v R [2008] EWCA Crim 3059 (18 December 2008)
Tucker v Crown Prosecution Service [2008] EWCA Crim 3063 (19 December 2008)
High Court (Queen’s Bench Division)
Ashley & Anor v Sussex Police [2008] EWHC 3151 (QB) (19 December 2008)
Ashley & Anor v Sussex Police [2008] EWHC 3152 (QB) (19 December 2008)
High Court (Family Division)
M-D v D [2008] EWHC 1929 (Fam) (19 December 2008)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Euro Construction Scaffolding Ltd v SLLB Construction Ltd [2008] EWHC 3160 (TCC) (19 December 2008)
Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3226 (TCC) (19 December 2008)
A E Yates Trenchless Solutions Ltd v Black & Veatch Ltd [2008] EWHC 3183 (TCC) (19 December 2008)
Source: www.bailii.org
High Court (Chancery Division)
Mirza & Anor v Mirza & Ors [2009] EWHC 3 (Ch) (07 January 2009)
High Court (Administrative Court)
Source: www.bailii.org