Category: law reports

Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners [2009] EWHC 2908 (Ch); [2009] WLR (D) 334

“The United Kingdom’s thin capitalisation (‘thin cap’) provisions which remained in force, in a potentially discriminatory form, until 2004 were not proportionate to achieve the purpose of preventing abusive tax avoidance because they did not allow for a separate defence of commercial justification and so constituted a restriction on freedom of establishment contrary to art 43EC.”

WLR Daily, 18th November 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)

Charisma, R. v [2009] EWCA Crim 2345 (13 October 2009)

Court of Appeal (Civil Division)

Leo Pharma (a/s Leo Laboratories Ltd) v Sandoz Ltd [2009] EWCA Civ 1188 (17 November 2009)

High Court (Chancery Division)

Thin Cap Group Litigation, Test Claimants In v Revenue and Customs [2009] EWHC 2908 (Ch) (17 November 2009)

Sheikh & Anor v Dogan & Ors [2009] EWHC 2935 (Ch) (17 November 2009)

High Court (Administrative Court)

James v Crown Prosecution Service [2009] EWHC 2925 (Admin) (04 November 2009)

Egal, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2939 (Admin) (17 November 2009)

BH v Secretary of State for the Home Department [2009] EWHC 2938 (Admin) (17 November 2009)

High Court (Technology and Construction Court)

London Borough of Camden v Makers UK Ltd [2009] EWHC 2944 (TCC) (09 October 2009)

Allied P&L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC) (17 November 2009)

Source: www.bailii.org

Southern Pacific Personal Loans Ltd v Walker and another [2009] EWCA Civ 1176 ; [2009] WLR (D) 333

“A credit broker’s administration fee entered into the ‘charge for credit’ and did not form part of the total ‘amount of credit’ for the purposes of the Consumer Credit Act 1974, even though payment of the fee was deferred and interest was charged on the amount of the fee remaining unpaid . Nothing in the 1974 Act or in the relevant Regulations prohibited the inclusion of the charge for credit in the consumer credit agreement as part of the ‘total amount financed’ or rendered a consumer credit agreement so drafted totally unenforceable.”

WLR Daily, 16th November 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.

Independent News and Media Ltd and Others v A [2009] EWHC 2858 (Fam); [2009] WLR (D) 332

“Since Court of Protection proceedings were within the recognised exceptions to the open justice principle article 10 rights were not immediately engaged and it was for an applicant to demonstrate ‘good reason’ before the court was obligated to conduct the conventional balancing exercise between article 10 and article 8 rights.”

WLR Daily, 16th November 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 (Ethos Recycling Ltd) v Barking and Dagenham Magistrates’ Court [2009] EWHC 2885 (Admin); [2009] WLR (D) 331

“The term ‘summary proceedings’  in s 79 (10) of the Environmental Protection Act 1990 did not include the service of a notice of abatement under s 80 of the Act.”

WLR Daily, 16th November 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.

Maher and another v Groupama Grand Est [2009] EWCA Civ 1191; [2009] WLR (D) 330

“While the existence of a legal right to claim interest was properly to be classified as a substantive matter to be determined by reference to the lex causae, an award of interest under s 35A of the Senior Courts Act 1981, as inserted, was a remedy governed by the lex fori.”

WLR Daily, 16th November 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.

Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166; [2009] WLR (D) 329

 “For the purpose of accrual of a cause of action in the tort of negligence, damage which flowed from an unsecured contingent liability incurred by the claimant insurer, under after the event legal expenses insurance policies, was suffered at the time when the cover creating the contingent liability was issued to the defendant solicitors to protect the litigation costs and expenses of litigants, and not at the time when the litigants’ claims failed causing financial loss to the insurer.”

WLR Daily, 16th November 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 v Orr

Court of Appeal

“A sentence which was increased after the Attorney-General made a reference, did not start to be served when the defendant presenting himself at a police station unless he was detained.”

The Times, 17th November 2009

Source: www.timesonline.co.uk

Independent News and Media Ltd and Others v A

Family Division

“Court of Protection proceedings were within the recognised exceptions to the open justice principle. Since article 10 of the European Convention on Human Rights, guaranteeing freedom of expression, was not thus immediately engaged, it was for an applicant to demonstrate good reason for publicity before the court was obliged to conduct the conventional balancing exercise between rights under article 10 and article 8, protecting the right to privacy.”

The Times, 17th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Civil Division)

St Albans Girls School & Anor v Neary [2009] EWCA Civ 1190 (12 November 2009)

Southern Pacific Personal Loans Ltd v Walker & Anor [2009] EWCA Civ 1176 (12 November 2009)

Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)

Twizell & Anor v Entrust & Ors [2009] EWCA Civ 1192 (12 November 2009)

Axa Insurance Ltd v Akther & Darby Solicitors & Ors [2009] EWCA Civ 1166 (12 November 2009)

Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 (13 November 2009)

Farraj & Anorj v King’s Healthcare NHS Trust (KCH) & Anor [2009] EWCA Civ 1203 (13 November 2009)

High Court (Chancery Division)

Kohli v Lit & Ors [2009] EWHC 2893 (Ch) (13 November 2009)

High Court (Commercial Court)

Cobelfret Bulk Carriers NV v Swissmarine Services SA [2009] EWHC 2883 (Comm) (13 November 2009)

Claramoda Ltd v Zoomphase Ltd (t/a Jenny Packham) [2009] EWHC 2857 (Comm) (13 November 2009)

Republic of Serbia v Imagesat International NV [2009] EWHC 2853 (Comm) (16 November 2009)

High Court (Queen’s Bench Division)

Imerman v Tchenguiz & Ors [2009] EWHC 2902 (QB) (16 November 2009)

Source: www.bailii.org

Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190; [2009] WLR (D) 328

“The line of Employment Appeal Tribunal authority requiring an employment judge, who was considering an application for relief from sanctions, to consider all the factors identified in CPR r 3.9 was overruled. The factors therein might provide a helpful checklist but the judge was not under a duty expressly to set out his views on every one of the listed factors.”

WLR Daily, 13th November 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 v Patel; Regina v Hussain [2009] EWCA Crim 2311; [2009] WLR (D) 327

“The Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 were not to be construed as prohibiting transactions which were not intended to have the effect, nor had the effect, of releasing a medical product into a distribution scheme which would lead to its sale to end users within the European Community.”

WLR Daily, 13th November 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.

Perpetual Trustee Co Ltd and Another v BNY Corporate Trustee Services Ltd and Another; Butters and Others v BBC Worldwide Ltd and Others

Court of Appeal

“Complex contractual provisions granting investors rights over assets derived from their own moneys, rights which were modified when a default event triggering insolvency occurred, were not caught by the antideprivation rule, which prevented parties from contracting out of the insolvency legislation by removing assets which would otherwise be available for creditors.”

The Times, 16th November 2009

Source: www.timesonline.co.uk

High Court (Civil Division)

Axa Insurance Ltd v Akther & Darby Solicitors & Ors [2009] EWCA Civ 1166 (12 November 2009)

Twizell & Anor v Entrust & Ors [2009] EWCA Civ 1192 (12 November 2009)

High Court (Family Division)

Independent News and Media Ltd & Ors v A [2009] EWHC 2858 (Fam) (12 November 2009)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2009] EWHC 2840 (Comm) (12 November 2009)

Source: www.bailii.org

Choudhary and others v Bhatter and others [2009] EWCA Civ 510; [2009] WLR (D) 326

“The opening words of art 22 of the Judgments Regulation, as to the courts which were to have ‘exclusive jurisdiction’, constituted a direction intended to apply as between the courts of those member states which were bound by the Regulation; and the words were not intended to apply as between the courts of member states and the courts of non-member states.”

WLR Daily, 12th November 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.

Independent Trustee Services Ltd v Hope and others [2009] EWHC 2810 (Ch); [2009] WLR (D) 325

“As a matter of law, the existence of the Pension Protection Fund was not a factor that trustees of a pension scheme might legitimately take into account in the exercise of a power to buy out scheme benefits.”

WLR Daily, 11th November 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 (Manchester City Council) v St Helens Metropolitan Borough Council

Court of Appeal

“Once the Secretary of State for Health had determined that a person was ordinarily resident in a particular area, that local authority had the responsibility to fund a care package, albeit that another local authority had set up the package.”

The Times, 13th November 2009

Source: www.timesonline.co.uk

Sienkiewicz v Greif (UK) Ltd

Court of Appeal

“A claimant who brought an action in tort for exposure to asbestos dust which resulted in mesothelioma was required to establish a material increase in the risk of contracting the disease because of the tortious exposure.”

The Times, 13th November 2009

Source: www.timesonline.co.uk

Court of Appeal (Criminal Division)

Patel & Anor, R. v [2009] EWCA Crim 2311 (12 November 2009)

TH, R v [2009] EWCA Crim 2278 (12 October 2009)

Court of Appeal (Civil Division)

Choudhary & Ors v Bhatter & Ors [2009] EWCA Civ 1176 (11 November 2009)

Patel & Anor v Keles & Anor [2009] EWCA Civ 1187 (12 November 2009)

High Court (Queen’s Bench Division)

Fitzalan-Howard (Norfolk) & Anor v Hibbert [2009] EWHC 2855 (QB) (12 November 2009)

Lonzim Plc & Ors v Sprague [2009] EWHC 2838 (QB) (11 November 2009)

High Court (Administrative Court)

The Friends of Hethel Ltd, R (on the application of) v Ecotricity [2009] EWHC 2856 (Admin) (12 November 2009)

Webster, R (on the application of) v Swindon Local Safeguarding Children Board & Anor [2009] EWHC 2755 (Admin) (22 October 2009)

Source: www.bailii.org