Category: law reports

ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2009 in asylum, law reports by sally

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

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

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

Posted February 5th, 2009 in law reports by sally

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)

Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor [2009] EWHC 160 (Admin) (04 February 2009)

Mauro v Government of the United States of America [2009] EWHC 150 (Admin) (04 February 2009)

High Court (Technology and Construction Court)

Carillion JM Ltd v Bath & North East Somerset Council & Anor [2009] EWHC 166 (TCC) (05 February 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted February 5th, 2009 in law reports by sally

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)

Rastrum Ltd & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC B4 (Admin) (temporary reference) (04 February 2009)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 152 (Admin) (04 February 2009)

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

House of Lords Judgments: What’s new?

Posted February 4th, 2009 in law reports by sally

Z T (Kosovo) (Respondent) v Secretary of State for the Home Department (Appellant) [2009] UKHL 6 (4 February 2009)

Holmes-Moorhouse(FC) (Original Respondent and Cross-appellant) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents) [2009] UKHL 7 (4 February 2009)

Marks and Spencer plc (Appellants) v Her Majesty’s Commissioners of Customs and Excise (Respondents) [2009] UKHL 8 (4 February 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted February 4th, 2009 in law reports by sally

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)

Sainsbury’s Supermarkets Ltd, R (on the application of) v Wolverhampton City Council & Anor [2009] EWHC 134 (Admin) (03 February 2009)

Source: www.bailii.org

Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports

Posted February 4th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

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

Posted February 4th, 2009 in civil procedure rules, law reports, sequestration, setting aside by sally

Raja v Van Hoogstraten (No 9)

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

Posted February 4th, 2009 in burden of proof, health & safety, law reports by sally

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

Posted February 4th, 2009 in charities, EC law, gifts, income tax, law reports by sally

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

Posted February 3rd, 2009 in law reports by sally

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)

YCMS Ltd (t/a Young Construction Management Services) v Grabiner & Anor [2009] EWHC 127 (TCC) (31 January 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 30th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Dobson & Ors v Thames Water Utilities Ltd & Anor [2009] EWCA Civ 28 (29 January 2009)

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd [2009] EWCA Civ 32 (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)

Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor [2009] EWHC 122 (QB) (29 January 2009)

Source: www.bailli.org.uk

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted January 30th, 2009 in human rights, law reports, parole, release on licence by sally

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

Posted January 29th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ETS v BT [2009] EWCA Civ 20 (28 January 2009)

Kennedy, R (on the application of) v The Health and Safety Executive [2009] EWCA Civ 25 (28 January 2009)

Buglife -The Invertebrate Conservation Trust, R (on the application of) v Thurrock Thames Gateway Development Corporation & Anor [2009] EWCA Civ 29 (28 January 2009)

The United States Securities and Exchange Commission v Manterfield [2009] EWCA Civ 27 (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

Persche v Finanzamt Lüdenscheid – WLR Daily

Posted January 29th, 2009 in charities, EC law, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27

“It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”

WLR Daily, 28th 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.

Austin v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26

“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

WLR Daily, 28th 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.

Austin v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis

House of Lords

“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

The Times, 29th 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

Posted January 28th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Greenland Bank Ltd v American Express Bank Ltd [2009] EWCA Civ 14 (27 January 2009)

High Court (Administrative Court)

J G Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009)

Caldarelli, R (on the application of) v City of Westminster Magistrates Court & Anor [2009] EWHC 107 (Admin) (27 January 2009)

B, R (on the application of) v Director of Public Prosecutions & Anor [2009] EWHC 106 (Admin) (27 January 2009)

Aruliraivan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 30 (Admin) (27 January 2009)

Source: www.bailii.org

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) – WLR Daily

Posted January 28th, 2009 in Crown Prosecution Service, law reports, mental health, prosecutions, victims by sally

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25

“The decision to abandon a prosecution because of the victim’s mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim’s rights under art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 27th 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.

R (The Electoral Commission) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 28th, 2009 in elections, forfeiture, law reports, political parties by sally

R (The Electoral Commission) v City of Westminster Magistrates’ Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24

“There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so.”

WLR Daily, 27th 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.