BAILII: recent Decisions
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)
Source: www.bailii.org
Category: law reports
Al Rawi and Others v Security Service and Others – Times Law Reports
Al Rawi and Others v Security Service and Others
Court of Appeal
“The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should not be overridden by a judge in an ordinary civil claim.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party – Times Law Reports
Court of Justice of the European Union
“European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other and cheaper named medicines in the same therapeutic class, provided certain conditions were satisfied.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
NML Capital Ltd v Republic of Argentina – Times Law Reports
NML Capital Ltd v Republic of Argentina
Court of Appeal
“An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it.”
The Times, 7th May 2010
Source: www.timesonline.co.uk
Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily
“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”
WLR daily, 6th May 2010
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.
Farstad Supply AS v Enviroco Ltd – WLR Daily
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113
“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”
WLR Daily, 6th May 2010
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 v Y (A) – WLR Daily
Regina v Y (A) [2010] EWCA Crim 762; [2010] WLR (D) 112
“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”
WLR Daily, 6th May 2010
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.
Al Rawi and others v Security Service and others – WLR daily
Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111
“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”
WLR Daily, 5th May 2010
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)
Crown Prosecution Service v Neish [2010] EWCA Crim 1011 (06 May 2010)
High Court (Chancery Division)
Trademark Licensing Company Ltd & Anor v Leofelis SA [2010] EWHC 969 (Ch) (06 May 2010)
High Court (Administrative Court)
High Court (Family Division)
N v N [2010] EWHC 717 (Fam) (28 April 2010)
High Court (Technology and Construction Court)
Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965 (TCC) (06 May 2010)
High Court (Patents Court)
Source: www.bailii.org
BAILII: Recent Decisions
Supreme Court
Inveresk plc v Papermakers Ltd [2010] UKSC 19 (05 May 2010)
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18 (05 May 2010)
Court of Appeal (Criminal Division)
White & Ors v The Crown [2010] EWCA Crim 978 (05 May 2010)
Cooper, R v [2010] EWCA Crim 979 (05 May 2010)
Court of Appeal (Civil Division)
Brookes v Secretary of State for Work and Pensions & Anor [2010] EWCA Civ 420 (29 April 2010)
Durham Tees Valley Airport Ltd v Bmibaby Ltd & Anor [2010] EWCA Civ 485 (05 May 2010)
Parabola Investments Ltd & Ors v Browallia Cal Ltd & Ors [2010] EWCA Civ 486 (05 May 2010)
High Court (Chancery Division)
White & Ors v Williams & Ors [2010] EWHC 940 (Ch) (05 April 2010)
Azam & Co v Legal Services Commission [2010] EWHC 960 (Ch) (05 May 2010)
HM Revenue and Customs v The Atrium Club Ltd [2010] EWHC 970 (Ch) (05 May 2010)
Source: www.bailii.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
BX v Secretary of State for the Home Department [2010] EWCA Civ 481 (04 May 2010)
Mellat v Her Majesty’s Treasury (Rev 1) [2010] EWCA Civ 483 (04 May 2010)
Al Rawi & Ors v Security Service & Ors [2010] EWCA Civ 482 (04 May 2010)
Home Office v Tariq [2010] EWCA Civ 462 (04 May 2010)
High Court (Administrative Court)
Source: www.bailii.org
Regina v Hancox; Regina v Duffy – Times Law Reports
Regina v Hancox; Regina v Duffy
Court of Appeal (Criminal Division)
“The imposition of a serious crime prevention order had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit.”
The Times, 5th May 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Southall v The General Medical Council [2010] EWCA Civ 484 (04 May 2010)
High Court (Queen’s Bench Division)
Mireskandari v Associated Newspapers Ltd. [2010] EWHC 967 (QB) (04 May 2010)
High Court (Chancery Division)
Red River UK Ltd & Anor v Sheikh & Anor [2010] EWHC 961 (Ch) (30 April 2010)
Source: www.bailii.org
Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily
“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”
WLR Daily, 30th April 2010
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.
Financial Services Authority and Others v Amro International SA – Times Law Reports
Financial Services Authority and Others v Amro International SA
Court of Appeal
“The Financial Services Authority was entitled to order production of documents from accountants at the request of the US Securities and Exchange Commission without subjecting the request to critical examination. It was not required to give notice before serving the order, nor need the order be within the terms of the memorandum of understanding between the FSA and the SEC.”
The Times, 3rd May 2010
Source: www.timesonline.co.uk
Bournemouth University Higher Education Corporation v Buckland – Times Law Reports
Bournemouth University Higher Education Corporation v Buckland
Court of Appeal
“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”
The Times, 3rd May 2010
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
Muuse v Secretary of State for the Home Department – WLR Daily
Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108
“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”
WLR Daily, 28th April 2010
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.
HH (Somalia) v Secretary of State for the Home Dept; AM (Somalia) v Same; J (Somalia) v Same; MA (Somalia) v Same – WLR Daily
“Where the route and manner of return of an illegal immigrant to a safe haven were known or could be implied, the first tier tribunal had to consider whether the claimant would be put at risk if returned by that route.”
WLR Daily, 28th April 2010
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.
Independent News and Media Ltd and Others v A – Times Law Reports
Independent News and Media Ltd and Others v A
Court of Appeal
“Hearings in the Court of Protection would normally be in private but in certain circumstances the media could be authorised to report them.”
The Times, 30th April 2010
Source: www.timesonline.co.uk
